Re:US asks allies to drop Huawei
by kerkeslager on Saturday November 24, 2018 @11:19AM
(#18522678)
FISA warrants don't apply to this situation at all: they only apply within the US.
And even within the US, FISA warrants are only applicable to data collected which is intended to be presented in court. The CIA and NSA have no mandate whatsoever to gather data suitable for presentation in court, and investigatory agencies such as the FBI/DEA/ATF, which do have such a mandate, have lots of ways to launder evidence. In practice, FISA warrants are often issued long after the data has already been collected, and the FISA warrant is only requested as a means of laundering the evidence via one of the exceptions to fruit of the poisonous tree (parallel construction, inevitable discovery, or the good faith exception).
As it applies to this situation, I don't see any reason to believe the US is any less likely to spy on anyone than China. If you don't have the means to produce needed technologies yourself, then I'd choose the US or Chinese manufacturers based on other factors, such as cost, or which nation has incentives to use the data they collect against you.
And even within the US, FISA warrants are only applicable to data collected which is intended to be presented in court. The CIA and NSA have no mandate whatsoever to gather data suitable for presentation in court, and investigatory agencies such as the FBI/DEA/ATF, which do have such a mandate, have lots of ways to launder evidence. In practice, FISA warrants are often issued long after the data has already been collected, and the FISA warrant is only requested as a means of laundering the evidence via one of the exceptions to fruit of the poisonous tree (parallel construction, inevitable discovery, or the good faith exception).
As it applies to this situation, I don't see any reason to believe the US is any less likely to spy on anyone than China. If you don't have the means to produce needed technologies yourself, then I'd choose the US or Chinese manufacturers based on other factors, such as cost, or which nation has incentives to use the data they collect against you.