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Defining War

Defining war is more nuanced today than on December 6, 1941, despite attempts by academics and policymakers to create descriptive labels encompassing a definition of modern warfare. Putin declared his February invasion of Ukraine a “special military operation.” The rest of the world identified it as a blatant “undeclared war” with tens of thousands killed in the kinetic conflict and innumerable physical damage done to the sovereign nation’s infrastructure. It is more challenging to recognize and label a country’s aggressive actions overseas that don’t involve kinetic warfare but do injure a foreign state, commercial entities, or a targeted population. Chinese foreign policy and military actions today represent a greater long-term threat to the free world than Putin’s special military operation in Ukraine. The communist regime in Beijing threatens the safety and stability of foreign governments and economies across the globe with, at times, 100% impunity. The CCP, using Huawei as one of its instruments, aggressively targets western regimes and other entities using its advanced technologies. 

In response to the Chinese threat this week, the Biden Administration announced it is investigating Huawei’s operations inside the United States. Reuters is reporting that two US individuals with knowledge of the case admitted that Washington has concerns that American “cell towers fitted with its [Huawei’s] gear could capture sensitive information from military bases and missile silos that the company could then transmit to China….”

Due to the confidentiality and sensitive nature of the investigation, notes Reuter, the identity of the investigators remains protected. What is known is that US authorities are concerned that China could obtain sensitive data on military drills and the readiness status of American bases and personnel via Huawei’s equipment used on cell towers in the US. It is an almost invisible national security threat to our country but one that typically falls below the threshold for most definitions of war. Several policy analysts in Washington argue that the breadth of China’s intrusive operations in the US are reaching a critical point and may be preparation for more overt aggressive action in the future. 

“The previously unreported probe was opened by the Commerce Department shortly after Joe Biden took office early last year, the sources said, following the implementation of rules to flesh out a May 2019 executive order that gave the agency the investigative authority,” writes AP’s Alexandra Alpers. Eight current and former US officials said the probe reflects lingering national security concerns about the company, she added. The Trump Administration imposed a series of restrictions on Huawei over concerns of espionage involving Chinese military-connected operations aimed at the United States. The current probe by the Commerce Department, if it determines Huawei poses a national security threat, could extend beyond existing restrictions imposed by the Federal Communications Commission (FCC), the US telecoms regulator.

The Trump Administration created encompassing rules permitting the Commerce Department to ban potentially all US transactions with Huawei. If a telecom carrier still relies on Huawei technology it could be forced to remove it or face fines or other penalties, according to the Reuters report. In a 2020 speech FBI Director Christopher Wray said: “If Chinese companies like Huawei are given unfettered access to our telecommunications infrastructure, they could collect any of your information that traverses their devices or networks.” The danger level increases dramatically when Huawei’s equipment is located next to a US military installation. Capturing data enables China to make predictions about US capabilities, readiness levels, and other vital national security-related information. Under Chinese law Huawei is required to spy for the government and must turn over whatever information it collects when Beijing demands it. The civilian-military fusion program in China virtually eliminates any line dividing the private and public sectors. “If you can stick a receiver on a [cellphone] tower, you can collect signals and that means you can get intelligence. No intelligence agency would pass an opportunity like that,” said Jim Lewis, a technology and cybersecurity expert at the Center for Strategic and International Studies (CSIS), a Washington D.C.-based think tank,” Alper writes. 

The looming question that remains unanswered concerns an answer to this question. Is this a form of warfare or a prelude to a kinetic war? China’s government plans for the long-term. In some cases, it is generational. By 2030, China estimates it will operate a fully-modernized military. The US is only in recent years taking action to protect against non-kinetic actions by China. There remains no consensus in Washington concerning the definition of an act of war. What is known is that the United States today is vulnerable to technology-based attacks on our infrastructure by the communist regime.