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by beat 2952 days ago
If you have a better solution, something that guarantees that ZTE won't be making products for the US market that are designed to spy on Americans, I'm all ears.
1 comments

This argument gets repeated a lot but I don't get the logic. If you don't like ZTE products don't buy them or even ban their use or import. ZTE doesn't just sell to the US market though. How is forcing ZTE out of business a proper solution to your concern about spying?

Edit: Please note that I am responding specifically to the argument that the ban was "something that guarantees that ZTE won't be making products for the US market that are designed to spy on Americans", which I have seen being used by politicians and other commentators.

The problem isn't selling things in the US or not, the problem is that they were deliberately choosing to sell to Iran and North Korea, despite trade sanctions and export restrictions.

They had been caught, they paid a fine, but then it turned out that they were deliberately planning to continue selling them, despite already being caught, charged, fined, and agreeing to stop.

The /only/ way that they could be made to stop selling restricted components from the US was clearly to prohibit them from using those components at all.

What do you propose as an alternative?

I added a note in my original comment to emphasize that I was responding to the specific argument by the parent comment.

On the factual basis the ban is reinstituted not for the reason you stated that "they were deliberately planning to continue selling them". That was part of the case the led to the original fine. The reimposition of the ban is on a more technical ground.

By the way under the original settlement ZTE is under much stricter supervision and audit. If you kill off ZTE you lose that control as well. The decision to reinstate the ban was apparently done without sufficient deliberation and hurts US interests on many fronts.
"Enforcement" short of the death of the company has not worked before.

In the criminal justice system, if you are out on probation after committing a crime and then commit the same crime, you go right back to prison, for longer this time. They've repeated their crime while on probation, and thus get a stiffer sentence.

Besides the libertarian nonsense of "if you don't like ZTE products don't buy them"... well, one of the things they're doing we don't like is violating export bans to Iran and North Korea. For another, as long as they're manufacturing, their products can just get rebranded through a couple of shell companies and wind up in the US anyway.

I am unclear why you think it's so important to not hurt them.

They will operate in one form or another that is for sure. All 75000 people are not just going to sit idle.

By being overly draconian you generate a ground swell of ill will against US suppliers. Everyone in China will be looking to replace their US components as soon as it is feasible.

For what is its worth, ZTE actually self reported the recent faux pas that led to the reimposition of the sanction. Even if they don't get any credit for self-reporting it shows that the threat of intrusive audits works. ZTE right now is a lot more under the US government thumb than any other Chinese tech company. If anything Chinese government should just let the corporate form die to end the humiliation. US on the other hand, by being the executioner, only ensures that ZTE will be replaced by another Chinese player not subject to the same supervision.