Little public action in Chinese cyberspying case

Published on NewsOK Modified: June 3, 2014 at 11:43 am •  Published: June 3, 2014
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WASHINGTON (AP) — Two weeks ago, Attorney General Eric Holder vowed to bring to a U.S. courtroom five members of the Chinese military who the U.S. accused of hacking computers for economic espionage purposes. The FBI even published "Wanted" posters with pictures of all five.

But nothing has publicly happened since then. The men have yet to be placed on a public, international list of wanted criminals. And there is no evidence that China would even entertain a formal request by the U.S. to extradite them.

Short of the five men flying to the U.S. for a vacation, there's no practical way they could be arrested outside China without help from foreign governments. It's also unclear whether the charges levied by the U.S. are recognized internationally as crimes.

"Our intention is for the defendants to have due process in an American court of law," Holder said on May 19.

Now, weeks later, those prospects look less likely than ever, illustrating the complex legal and diplomatic issues posed by the unprecedented indictment. There may be no viable options for Holder to make good on his word.

"The next step needs to be us, here in the U.S., saying this is not just a U.S.-China issue," said Shawn Henry, former cyber director at the FBI and now president of CrowdStrike Services, a security technology company. "This is a China-versus-the-world issue."

So far, the U.S. does not appear to have the world on its side. No country so far has publicly expressed support for the groundbreaking criminal charges.

Neither officials in China nor the United States said they would comment on any efforts by American prosecutors to arrest the Chinese military officers. The White House and State Department directed inquiries to the Justice Department, where spokesman Marc Raimondi said, "Our investigation is active, and we are not going to comment on specific actions to locate the individuals charged in the indictment."

A federal grand jury charged the five Chinese officials with hacking into five U.S. nuclear and technology companies' computer systems and a major steel workers union's system, conducting economic espionage and stealing confidential business information, sensitive trade secrets and internal communications for competitive advantage.

The U.S. and China have no extradition treaty. And China's laws preclude extraditing its own citizens to countries where there is no treaty.

China has denied the hacking allegations and wants the U.S. to revoke the indictment.

"The Chinese are obviously not going to extradite their officials to the U.S.," said John Bellinger, the former legal adviser to the State Department. For this reason, Bellinger, now a partner at the law firm Arnold and Porter, said he does not expect the U.S. to make the request. "To ask them to do something that they're obviously going to then deny makes (the U.S.) look ineffectual."

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