Prepare for Legal and Strategic Responses to Rising Chinese Cyber Threats

Prepare for Legal and Strategic Responses to Rising Chinese Cyber Threats

Corbin K. Barthold, writing in City Journal, says the United States faces an escalating cybersecurity crisis, largely driven by increasingly sophisticated Chinese cyber threats and tactics. The Chinese Communist Party (CCP) has evolved from clumsy hacking attempts to stealthy, coordinated attacks on critical infrastructure and government communications.

While these threats have received limited media attention, their implications for national security are severe. Congress has held hearings on the issue, but broader awareness and decisive action remain lacking.

Recent reports underscore two significant Chinese cyber threats: Salt Typhoon and Volt Typhoon. Salt Typhoon has focused on US telecommunications networks, especially in Washington, D.C., intercepting sensitive government communications.

Volt Typhoon, active since 2019, has penetrated essential infrastructure such as power grids, pipelines, and transportation networks. This cyber espionage is not just about data theft—it is a strategic effort to cripple US response capabilities, particularly in the event of a Chinese invasion of Taiwan.

Despite the gravity of these threats, policy responses have been inconsistent. The Biden administration’s measures were widely viewed as insufficient, while the Trump administration faces pressure to take more aggressive action.

Overall, the federal response to Chinese cyber threats has been inconsistent and politically charged. The Cybersecurity and Infrastructure Security Agency (CISA) plays a critical role in defending US networks, but its funding and mission have been debated.

The newly appointed CIA director has committed to more aggressive countermeasures, but structural weaknesses in cybersecurity remain. Experts argue that shifting from defensive to offensive cyber strategies is necessary to counter China’s state-sponsored hackers, who vastly outnumber US cybersecurity personnel.

Lawyers must prepare their clients for upcoming changes in cybersecurity laws at the local, state, and federal levels. Given the severity of these threats, increased regulation is inevitable.

Companies handling sensitive client data, particularly those in infrastructure, government, or defense sectors, should proactively strengthen their cybersecurity policies. Compliance with emerging regulations and investment in robust cybersecurity measures will be essential to mitigating legal and operational risks.