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28 J. Tech. L. & Pol'y 1 (2023)

handle is hein.journals/jtlp28 and id is 1 raw text is: THE PEOPLE'S WAR AND ITS APPLICATION TO CHINA'S LEGAL FRAMEWORK FOR CYBERSECURITY Captain Christopher J. Lin* Abstract This Article addresses the growing threat of cyberattacks on critical infrastructure by examining China's response, particularly through its Cybersecurity Law (CSL), against the backdrop of global cybersecurity laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The CSL, enacted in 2016, is analyzed within the context of Chinese military doctrine, specifically, the concept of the People's War introduced by Mao Zedong. Part I traces the historical evolution of the People's War, Part II explores its continued relevance in cyberspace, and Part III discusses how the People's War elements manifest in the CSL and related regulations. This Article argues that the CSL focuses on elevating China's defensive cyber capabilities across governmental and consumer sectors, diverging from the more consumer-privacy-centric approach of other global cybersecurity laws. Part IV delves into the challenges the United States faces in responding to the CSL and suggests potential paths forward to bridge strategic divides between the two countries in the realm of cyberspace. The introduction vividly portrays real-world scenarios of cyberattacks impacting critical infrastructure, setting the stage for the exploration of China's unique response in the subsequent sections. INTRODUCTION .........................................................................................2 I. THE LEGACY OF THE PEOPLE'S WAR..........................................3 A. Mobilizing the Masses ........................................................4 B . A ctive D efense ....................................................................5 C. Modern Defense Approaches .............................................6 1. Warfighting Under Informatization.........................7 2. Civil-Military Fusion ..................................................7 * Judge Advocate, United States Army. Presently assigned as an LL.M. Candidate to Georgetown University Law Center. J.D., 2017, UCLA School of Law; B.A., 2013, University of California, San Diego. Member of the D.C. Bar. The author thanks Major D. Nicholas Allen, Brigade Judge Advocate, 1st Security Force Assistance Brigade, for his continuous support and encouragement, along with his insightful feedback and contributions. This Article is rooted in his infectious passion for scholarship and operational law. The views and opinions presented herein are those of the author and do not necessarily represent the views of the United States Government, the Department of Defense (DoD), or its components. Appearance of, or reference to, any commercial products or services does not constitute DoD endorsement of those products or services. The appearance of external hyperlinks does not constitute DoD endorsement of the linked websites, or the information, products, or services therein.

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