UCA Denounces Newsweek Smear of Chinese-American Community

UCA Denounces Newsweek Smear of Chinese-American Community as Tool of Beijing

United Chinese Americans (UCA), a national coalition of Chinese-American organizations, denounces in the strongest possible terms the October 26 Newsweek cover story that accuses more than 600 Chinese-American organizations of being “linked to [the] Chinese Communist Party influence effort” abroad and that suggests that they are agents of “Xi’s secret plan to subvert America” and constitute “600 reasons to worry about China.”

美国华人联合会(UCA)强烈谴责10月26日《新闻周刊》的封面文章,该文诬陷600多个美国华人组织“与中共在海外施加影响力的努力有关联”,暗示这些组织是中共“颠覆美国的秘密计划”的代理人,因此成为美国“担心中国的600个理由”。

In an article long on innuendo and prejudice but short on facts, Newsweek has gone beyond even the sensational language of cold warriors determined to further undermine already worsening U.S.-China relations. It has ignored the important and crucial difference between Chinese citizens and Americans of Chinese descent and lumped all together as agents of the Chinese Communist Party’s “United Front,” an entity charged with advancing the Party’s interests at home and abroad. It alleges the existence of hundreds of such organizations, but names only a handful of them.

《新闻周刊》的这篇文章充满影射和偏见,但缺乏事实依据,所使用的措辞耸人听闻,比那些一心想恶化中美关系的冷战分子还要过分。文章对中国公民与华裔美国人之间至关重要的区别视而不见,把华裔统统视作中共“统一战线”的、维护其政党在海内外利益的代理人。《新闻周刊》的文章声称存在数百个这样的组织,但仅仅列出了几个组织的名称。

We haven’t seen such a wholesale, indiscriminate smear of an ethnic minority community since the McCarthy days of the 1950s.

Even those named are tarred with the flimsiest of evidence. It is wrongheaded to lump reputable groups like the Committee of 100, a civic association of prominent Chinese-Americans in business, government, academia and the arts that has served our community since 1988, or the China Institute, founded in 1926 to advance a deeper understanding of China through programs in education, culture, art, and business, with campus associations or other groups in which participants are mostly Chinese citizens.

即便对这几个指名道姓的组织而言,文章也是十分缺乏证据的。比如,对于信誉良好的“百人会”的指责就十分错误。“百人会“(Committee of 100)是由商界、政界、学术界和艺术界的华裔美国人杰出人士组成的民间协会,自1988年以来一直为社区服务;而早在1926年就成立的“华美协进社”(China Institute)旨在通过教育、文化、艺术和商业的渠道加深对中国的了解。该文章将这些卓有成效的组织 与以中国公民为主的校园协会或其它团体混为一谈。

Many Chinese American civic organizations have established and maintain relationships with mainland Chinese organizations, which naturally include branches of the Chinese government at various levels as well as individuals like Chinese diplomats posted in the United States. Such relationships and activities, which include heritage- or education-related, cultural and scientific exchange programs as well as business relationships, are generally innocent, social or professional in nature. There is nothing wrong, nor should there be anything suspect, about organizations working to promote closer ties and understanding between China and the United States. This is worlds apart from acting as agents of the Chinese government, and suggesting otherwise, and assuming guilt by association on such a community-wide scale, is reckless and unjustified.

许多华裔美国民间组织都与中国大陆组织建立并保持着联系,这些中国大陆组织自然包括了中国各级政府的分支机构,以及派驻美国的中国外交人员。这种关系和活动,涉及到文化遗产、教育、科学的交流项目,以及商业往来,通常都是单纯的社会或专业活动性质。这些组织致力于促进中美之间的紧密联系,以及彼此的相互了解,这并没有错,也不应该遭受无端猜疑,与充当中国政府的代理人有天囊之别。仅仅因为组织间的自然交往和联系就一股脑子地给整个华人社区定罪,这既鲁莽又不公。

It should surprise no one that there may be individuals or groups that have veered outside of established norms and conducted inappropriate or even illegal activities. As American citizens we denounce such activities, and in such cases we trust our legal system to prosecute the perpetrators according to appropriate laws. But the existence of a small number of lawbreakers is no excuse for Newsweek or any other publication to tar everyone of Chinese ancestry with the same brush. Indeed, it’s repugnant to our democratic values to cast a dark cloud of suspicion over an entire race or class of people for the actions of individuals. Our history has been stained too often by incidents of injustice inflicted upon minority groups that is motivated by deep-seated prejudice. 

可能有些个人或团体偏离了既定准则,从事了不当甚至是非法的活动,这并不令人惊讶。作为美国公民,我们谴责这类活动。对于这类情形,我们相信美国的法律制度会根据相关法律起诉违法者。但是,少数违法者的存在,不能成为《新闻周刊》或任何其它出版物讨伐每个具有华裔血统的人的借口。的确,因为某些个人行为而让整个族裔或群体被笼罩在怀疑的乌云下,与我们的民主价值格格不入;由根深蒂固的偏见而导致对少数族裔造成的不公对待,已经太经常地成为我们的历史的污点。

UCA demands that Newsweek withdraw the article and apologize to five million Americans of Chinese descent for its reckless allegations.

Newsweek has reached a new low. We haven’t seen such a wholesale, indiscriminate smear of an ethnic minority community since the McCarthy days of the 1950s,” asserted UCA President Haipei Shue. “Newsweek seems intent on painting our whole community as suspect and untrustworthy. This reminds me of the 1940s, when more than 120,000 members of the Japanese American community were forced into internment camps. We will not allow history to repeat itself.”

“《新闻周刊》如此做法,是创了新低。自五十年代麦卡锡主义以来,从未见过如此大规模地随意污抹少数族裔社区的情形”,UCA会长薛海培说,“《新闻周刊》似乎有意将我们的整个社区描绘成动机可疑、不可信任的群体。这使我想起了上个世纪四十年代,当时十二万日裔美国人被强迫送进拘留营。我们绝不允许历史重演。”

UCA demands that Newsweek withdraw the article and apologize to five million Americans of Chinese descent for its reckless allegations. We stand ready to meet with its editors for a full and frank discussion of the damage their publication has done to the image and reputation of our community. We call on Americans of all backgrounds to join us in denouncing this outrageous piece of sham journalism. 

UCA要求《新闻周刊》撤回此文,并向被其粗暴指控的五百万华裔美国人道歉。我们随时准备与其编辑们见面,就其出版物对我们社区的形象和声誉造成的损害进行全面而坦率的讨论。我们呼吁所有不同背景的美国人和我们一起谴责这一令人毛骨悚然的假新闻。

UCA WeChat Use Survey Report

Survey Gauges Impact of WeChat Ban on Chinese American Community

October 22, 2020 

United Chinese Americans (UCA) has just concluded a nationwide survey (click to see the form) among the Chinese American community regarding the impact of a potential WeChat ban by the Trump administration.

WeChat Survey Introduction 

About UCA 

Founded in September 2016 at the inaugural Chinese American Convention, UCA was formally incorporated and received IRS 501(c)(3) nonprofit status in 2017. UCA has since grown into a national federation with 12 chapters and over 30 community partners. 

Survey Purpose 

After the Trump Administration issued the Executive Order to ban WeChat on August 6, 2020, UCA conducted an online survey (see attached WeChat survey email) to measure the potential impact to the Chinese American community among its followers between October 14 to October 21. 

Sampling Method 

An on-line survey questionnaire was sent via email to 7447 UCA followers and promoted through UCA social media channels. Everyone is invited to respond to the survey within a 7-day window. Survey response is voluntary with anonymity. The invitation message also assures respondent privacy. (Link to survey invitation message) 

Questionnaire Design 

I receive daily updates of my mother’s health status from her doctors in China when she underwent surgery.

User Y.

The questionnaire consists of questions. Most questions are close-end (Yes/No or Multiple choices) except two open-ended items related to personal reasons and specific example of using WeChat. (Link to survey questionnaire) Every effort was made to assure neutrality and avoid leading respondent one way or the other. 

Results 

Between October 14 and October 21, 2020, 45% of the 7447 UCA email recipients opened the email, 17% attempted the survey, 8.5% (625 people) completed survey. Of 625 respondents, 70% are U.S. Citizen, 23% are permanent resident, the remaining are international students, H1B/H4 holders or visitors. Of all respondents, 97% are identified as ethnic Chinese. 

For more details, please see the attachments: 

  • Attachments 1. Survey Summary 
  • Attachments 2. Why WeChat 
  • Attachments 3. Personal Stories 

Among the more than 600 individuals who participated in the survey, 97% are ethnic Chinese who are either citizens or permanent residents of the United States; 83% have lived in the United State for more than 10 years.

As an “all-in-one” social media platform combining messaging, video, phone, payment, and other features, WeChat has attracted a large following among the Chinese speaking population since its inception just 10 years ago. Among the survey participants, 90% have used it for at least 5 years. Among all the users, 92% use Chinese as the primary language, and 95% use WeChat on a daily basis. The most popular reasons to use WeChat are its ease of use for users of all ages, its Chinese language features, and the extensive communications between friends and family members already on the network in China and US.

The survey has revealed an interesting finding that 1 in 3 users learned about the COVID-19 through WeChat as early as December 2019 as it was emerging in Wuhan, China. 58% of them continue to reply on WeChat for infection prevention and treatment information on an ongoing basis.

The survey also included questions on sensitive issues such as censorship, propaganda, and national security. 8% of the users have experienced censorship enforced by the platform owner Tencent in China; 6% have received or consumed some Chinese government contents; but 93% don’t think their use threatens US national security.

I am an adoptive parent who is using WeChat to not only try and find my daughter’s Chinese birth parents, but also to help other Chinese adoptees spread their search information. We keep in touch with friends and volunteers via WeChat, and without it, we wouldn’t have been able to help reunite all of the families we have thus far.

User G.

If the WeChat ban is implemented, 82% of the users think they cannot find a reasonable alternative or replacement.

The survey also encouraged users to share their personal stories. Some of these stories are highlighted in this article.

For details of the survey and its results, please click on the following links.


All my family members (close to 100 people ) use WeChat Group feature to share our life.

User L.

Top reasons why people use WeChat:

· Availability and smooth usage in both US and China.

· Keep in touch with relatives and friends.

· Connection with business partners.

· Group chat capability.

· Convenient and important for everyday life.


Featurette: User Stories

“Before I had WeChat, it was so inconvenient to call my family and get information on timely manner. In December 2008 just several days before Christmas, my father was in a car accident and admitted into the hospital. My family attempted to call me but could not get through. They sent me email, but I was busy working and doing Christmas stuff, didn’t check emails for several days. By the time when I checked email and found out what had happened, my father already passed away. I didn’t have chance to go home to be at his side when he died. That was the one thing I could never make up for.

“Two weeks ago, my sister called me and told me that my mom felt and broke her hip. Initially I was trying to go home, but found out I couldn’t due to COVID and the tension between the two countries. Thanks to WeChat! I was able to consult the doctors in China, contacted my friends in China (they are all healthcare professionals), arranged her hospitalization and her surgery. Now she had her hip replaced and went back home walking again. I would not be able to do all these things without WeChat! With WeChat, I feel no distance with my family and friends in China. I video chat with my mom everyday when she was in the hospital, talked with the doctors via WeChat. I am so thankful we have WeChat! My mom is 86 this year. I don’t want to lose her without being at her side! WeChat means so much to me and my family!” — User-submitted personal experience.

There are countless stories like this, some are warm and sweet, some are heart-wrenching, while some others are inspiring. Please see the PDF link above.

Everyday I use WeChat to connect my parents in China, my father had kidney failure and do hemodialysis every other day, it is very hard for him, so I call to courage him and help to release his lots of pain.

Video chatting with my patents and grand mother during quarantine.

I call my parents, relatives and friends almost every day. All these calls are free. I love it so much.

[I use WeChat to] help a family in china to look for their missing son who studied in our area.

I did video-calls with elders in my family in China who are in their 70s and 80s . It is remarkable because they are not technology-savy by any stretch.

I found many of my old friends and classmates who I grew up with, attended elementary and high school together, through WeChat.

I introduced WeChat to my boss who went to China for a business trip he could keep close contact with his family while he was there, after that he introduced WeChat to our department head when he needed travel to China.

I organized Kenya trip using WeChat group with my friends in China and Kenya.

I use WeChat with my parents in China. They are old and WeChat is the only app they know how to use.

Webinar Series: The “China Initiative”

Inaugural Webinar: The Human and Scientific Costs of the China Initiative

The webinar series examines the ramifications of the U.S. Justice Department’s “China Initiative      on the civil rights and security of Chinese Americans, Chinese immigrants, and Chinese Nationals working in the U.S., as well as the consequences for the broader American society.

Webinar banner

Media Contacts

Asian Americans Advancing Justice | AAJC: Michelle Boykins, Mboykins@advancingjustice-aajc.org, 202-296-2300, ext. 0144

Brennan Center: Mireya Navarro, mireya.navarro@nyu.edu, 646-925-8760

APA Justice Task Force: Jeremy Wu, Jeremy.S.Wu@gmail.com 

Details:

Asian Americans Advancing Justice | AAJC, APA Justice Task Force, and the Brennan Center for Justice at NYU Law School are partnering to produce a series of webinars to raise awareness of a growing number of federal investigations and prosecutions targeting Chinese Americans, Chinese immigrants, and Chinese nationals in the U.S. particularly scientists and researchers under the umbrella of the “China Initiative.” 

The first webinar in the series, which is scheduled for September 30 at 8:00 pm EDT, is designed to provide policy-makers, journalists, attorneys, and community advocates with an overview of the “China Initiative” and the efforts civil rights advocates and the scientific community are making to protect the rights of those investigated and targeted under this discriminatory framework. 

The participating experts include Nobel laureate, former U.S. Secretary of Energy, and Stanford University professor of physics Steven Chu; Seton Hall University School of Law professor Margaret Lewis; and Asian Americans Advancing Justice | AAJC president and executive director John Yang. The discussion will be moderated by Michael German, fellow with the Brennan Center for Justice at NYU Law School.

Date/Time:   September 30, 8:00 pm EDT (virtual via Zoom)

RSVP: https://us02web.zoom.us/webinar/register/WN_hNKVQg9ATX2j4S8DJko5RQ      

Background:

From the Chinese Exclusion Act of 1882 through the Cold War, racist and xenophobic tropes painting Chinese and Asian Americans as “perpetual foreigners” and threats to public health and national security influenced U.S. government policy. Today is no different. Through rhetoric, rapidly changing policies, and targeted prosecutions, Chinese American scientists and researchers are again caught in a pattern of suspicion and racial discrimination that has harmed Chinese and other Asian communities in the United States for more than 150 years. While the PRC government unquestionably engages in malign behaviors within its borders and in the international arena, which the U.S. government properly condemns, the Trump administration’s rhetoric and actions blur the distinction between the PRC government and individuals of Chinese nationality or ancestry. As in the past, when potential threats arise from abroad, the U.S. national security establishment too often responds by treating entire classes of people defined by their race, ethnicity, religion, or national origin as suspect communities.

As U.S.-PRC tensions have grown over recent years, we have seen increasingly aggressive and misguided investigations of Chinese American scientists resulting in sensationalized charges that allege an intended subversion of U.S. interests. While the Justice Department’s abandonment of several  of these prosecutions before trial has meant falsely accused scientists experience fewer financial and emotional costs than they would from a full trial, it also deprives them of a public exoneration and an exposure of the racist assumptions underlying these investigations. 

Rather than recognize the biases that drove these failed national security investigations, the Justice Department in 2018 initiated an even more assertive strategy, announcing a department-wide “China Initiative.” The Justice Department says its goal is to prioritize trade theft cases that benefit the PRC, but its rhetoric has often conflated the actions of individuals into a global conspiracy. Its prosecutions have further sought to amplify administrative oversights into federal crimes of fraud and false statements. Moreover, despite the China Initiative’s alleged goal of combating economic espionage, the DOJ’s own report on the China Initiative shows that many of the actual charges are not intellectual property theft or economic espionage. Instead, many of the charges are for minor or unrelated offenses including wire fraud, filing false tax returns, and even matters that had previously been handled administratively such as alleged inaccuracies in university conflicts of interest forms. 

When the 2019 novel coronavirus outbreak in Wuhan, China, spread into a global pandemic, it opened another vector for the current administration to fuel anti-Chinese bias. High government officials repeatedly called COVID-19 the “China Virus,” as anti-Asian hate crimes spiked across the U.S. Once again, spurious public health and national security fears are driving anti-Asian discrimination.

The webinars will include speakers from Chinese American and Asian American advocacy organizations, civil rights groups, academia, as well as experts from scientific and legal communities. The speakers will explore the burden this pattern of investigations inflicts on targeted individuals and communities as well as consequences for the broader American society. 

Panelist Bios:

Steven Chu 

Steven Chu is professor of Physics, Molecular and Cellular Physiology at Stanford University. He has published in atomic physics, single-molecule polymer and biophysics, ultrasound imaging, nanoparticle synthesis and electrochemistry.  Former positions include Secretary of Energy, director of the Lawrence Berkeley National Laboratory, and Department Head at Bell Laboratories. Chu was awarded the 1997 Nobel Prize in Physics for laser cooling and trapping of atoms. He is a member of the National Academy of Sciences, 8 foreign Academies and has 32 honorary degrees. He has undergraduate degrees in mathematics and physics from the University of Rochester and a Ph.D. in physics from the University of California at Berkeley.

Margaret K. Lewis

Maggie Lewis is a Professor of Law at Seton Hall University. She has been a Fulbright Senior Scholar at National Taiwan University, a Public Intellectuals Program Fellow with the National Committee on United States-China Relations, and a delegate to the US-Japan Foundation’s US-Japan Leadership Program. Professor Lewis is a member of the Council on Foreign Relations and a Non-Resident Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. She is spending the 2020-21 academic year in Taiwan as a visiting scholar at the Judge’s Academy and a visiting professor at Academia Sinica.

John Yang

John C. Yang is the president and executive director of Asian Americans Advancing Justice | AAJC in Washington, D.C., where he leads the organization’s mission to advance the civil and human rights of Asian Americans and to build and promote a fair and equitable society for all through policy advocacy, education, and litigation. He has served in leadership positions for the American Bar Association, the National Asian Pacific American Bar Association, and the National Council of Asian Pacific Americans, among many others. Prior to Advancing Justice | AAJC, John had served as a political appointee in the Obama Administration, the Asia-Pacific Legal Director of a Fortune 200 company, and as a partner at a large D.C.-based law firm. He also serves on the diversity council for several Fortune 500 U.S. companies.     

Moderator: Michael German

Michael German is a fellow with the Brennan Center for Justice Liberty and National Security Program, where his work focuses on intelligence and law enforcement oversight and reform. Mr. German previously served as an FBI special agent for 16 years, specializing in domestic terrorism and covert operations, and as national security policy counsel at the American Civil Liberties Union. He is the author of two books, Disrupt, Discredit, and Divide: How the New FBI Damages Democracy, published in 2019, and, Thinking Like a Terrorist: Insights of a Former FBI Undercover Agent, published in 2007.

Resources:

Margaret Lewis, “Criminalizing China,” Journal of Criminal Law and Criminology, Vol. 111, No. 1, 2020, Seton Hall Public Law Research Paper (Forthcoming).

Michael German, “Disrupt, Discredit, and Divide: How the New FBI Damages Democracy,” The New Press, (2019).

Asian Americans Advancing Justice | AAJC and Advancing Justice | ALC filed an amicus brief in United States v. Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers.

Asian Americans Advancing Justice | AAJC advocates for an America in which all Americans can benefit equally from, and contribute to, the American dream. Our mission is to advance the civil and human rights for Asian Americans and to build and promote a fair and equitable society for all. Advancing Justice | AAJC is a national 501 (c)(3) nonprofit founded in 1991 in Washington, D.C.       

APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem to address racial profiling issues and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian American community. 

The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary, defend – our country’s systems of democracy and justice.

UCA Townhall Webinar on WeChat Ban

UCA Townhall: A Webinar Series

Inform, Dialogue and Engage: Key Topics Facing the Chinese American Community

Online Webinar 2 – Does the WeChat Ban Violate First Amendment Rights? SPEAK YOUR RIGHTS – with the American Civil Liberties Union (ACLU)

September 24, 2020, Thursday
8:00pm – 9:00pm EDT | 5:00pm – 6:00pm PDT

Dear Friends,

UCA is pleased to invite you to join us for the second session of our webinar series: “UCA Town Hall.” The webinar, to be held on Thursday, September 24, starting at 8PM EDT, will examine the latest developments regarding the Trump Administration’s actions to restrict access to WeChat in the United States. Our panelists from the ACLU will examine the constitutionality of the Trump Administration’s decision and, furthermore, discuss the broadening scope of U.S. national security policies and practices as well as their implications for Chinese Americans and civil liberties.

For 100 years, the ACLU <https://www.aclu.org/> has defended individual rights and civil liberties as guaranteed by the Constitution of the United States, from protecting immigrant rights to addressing racial injustice, and from securing voting rights to ensuring the freedom of speech. The ACLU currently represents Professor Xi Xiaoxing <https://www.aclu.org/cases/xi-v-haugen-challenge-warrantless-surveillance>, a Chinese American scientist at Temple University, in a civil rights lawsuit challenging the FBI’s baseless prosecution of Professor Xi and its discriminatory targeting of Chinese American scientists like Professor Xi. These concerns have only grown since the Justice Department launched its so-called “China Initiative,” impacting many others.

UCA Town Hall is a webinar series highlighting key topics facing the Chinese American community with the goal to provide information, facilitate dialogue, and promote civic engagement.

This online event will be free via Zoom and will also be broadcast live on Youtube.

REGISTER FOR THE September 24 Event HERE:

https://us02web.zoom.us/meeting/register/tZUkdO-sqjwiEtPWm-XApLs2dImHjXb-zizd

You can submit your questions to the panelists in advance during Registration or by emailing: info@usausa.org

Can’t find your registration link or joining last minute?

Watch the UCA Townhall via the UCA Youtube Channel Live-Broadcast Link HERE:

https://www.youtube.com/c/UCASocials/featured

AGENDA – LISTED IN EDT TIME

8:00pm – 8:10pm  Welcome and Introductory Remarks Monica He, Government Relations Advisor, UCA Haipei Shue, President of UCA  
8:10pm – 8:20pm  Remarks by Hina Shamsi, Director of the ACLU National Security Project   Hina will discuss the Executive Order on WeChat, including the decision by U.S. Department of Commerce prohibiting particular transactions in the U.S. market, and examine whether the actions violate First Amendment rights.  
8:20pm – 8:30pm  Remarks by Patrick Toomey, ACLU National Security Project   Patrick will dive further into national security powers that are frequently invoked by the Trump Administration, and how the abuse of these powers can lead to racial discrimination and potential targeting of Americans of Chinese Heritage.  
8:30pm – 8:45pmPanel Discussion with Speakers Moderated by Monica He, UCA   Questions to be addressed include: How can the community better respond to the broadening scope of emergency powers and national security concerns, particularly when it results in actions that infringe on individual liberties?What is the ACLU’s role, and what should Chinese Americans and other ethnic minorities know about the ACLU, in terms of its mission and the services that it provides?  
8:45pm – 8:55pm  Moderated Q&A Session
8:55pm – 9:00pm  Closing Remarks  

Speakers

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Hina Shamsi
Director, National Security Project, ACLU
Twitter: @HinaShamsi

“This order violates the First Amendment rights of people in the United States by restricting their ability to communicate and conduct important transactions on the two social media platforms. The order also harms the privacy and security of millions of existing TikTok and WeChat users in the United States by blocking software updates, which can fix vulnerabilities and make the apps more secure. In implementing President Trump’s abuse of emergency powers, Secretary Ross is undermining our rights and our security. To truly address privacy concerns raised by social media platforms, Congress should enact comprehensive surveillance reform and strong consumer data privacy legislation.” – Hina Shamsi. ACLU Comment on TikTok and WeChat Transaction Prohibition. Sept 18, 2020.

https://www.aclu.org/press-releases/aclu-comment-tiktok-and-wechat-transaction-prohibition

Hina Shamsi is the director of the ACLU National Security Project. She engages in civil liberties and human rights litigation, research, and policy advocacy on issues including the freedoms of speech and association, torture, detention, and discrimination against racial and religious minorities. Her work has included a focus on the intersection of national security and counterterrorism policies and international human rights and humanitarian law. She is the author and coauthor of publications on torture, targeted killing, extraordinary rendition, and privacy and surveillance, and has monitored and reported on the military commissions at Guantánamo Bay. She is a lecturer-in-law at Columbia Law School, where she teaches a course on International Human Rights Advocacy. Hina previously worked as the acting director of Human Rights First’s Law & Security Program and then as a staff attorney in the ACLU’s National Security Project. Before returning to the ACLU in her current position, Hina served as senior advisor to the U.N. Special Rapporteur on Extrajudicial Executions. She is a graduate of Mount Holyoke College and Northwestern University School of Law.

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Patrick Toomey
Senior Staff Attorney, National Security Project, ACLU
Twitter: @PatrickCToomey

Patrick Toomey is a staff attorney at the ACLU National Security Project, where he works on issues related to electronic surveillance, national security prosecutions, whistle-blowing, and racial profiling. Patrick is a graduate of Harvard College and Yale Law School. After graduating from law school, he served as a law clerk to the Hon. Nancy Gertner, United States district judge for the District of Massachusetts, and to the Hon. Barrington D. Parker, United States circuit judge for the Second Circuit Court of Appeals. Prior to joining the ACLU, Patrick worked on criminal defense, regulatory defense, and intellectual property matters at a law firm in New York.

Stay tuned for announcements on the exciting line-up of the UCA Townhall Webinar Series.

UCA Townhall Webinar on Executive Order

UCA Townhall: A Webinar Series

Inform, Dialogue and Engage: Key Topics Facing the Chinese American Community

Online Webinar I – The Trump Executive Order on WeChat and TikTok: What Does It Mean and What You Should Know

August 27, 2020, Thursday
8:00pm – 9:30pm EDT | 5:00pm – 6:30pm PDT

Dear Friends,

UCA is pleased to invite you to join us for the inaugural session of our webinar series: “UCA Townhall,” highlighting key topics facing the Chinese American community with the goal to provide information, facilitate dialogue, and promote civic engagement. The first webinar, to be held on Thursday, August 27, starting at 8PM EDT, will examine President Trump’s Executive Order to effectively ban WeChat and TikTok. Through focused presentations and an engaging panel discussion, our experts will provide the latest updates and analysis on the Executive Order, dissect potential recourse and ongoing challenges, and shed light on the larger U.S.-China context, as well as what may happen next.

This online event will be free via Zoom and will also be live broadcast on Youtube.

REGISTER FOR THE August 27 Event HERE:

https://us02web.zoom.us/meeting/register/tZIoceGgqjguG9xDJsanVUxg0dnO-NQ8FDVo

You can submit your questions to the panelists in advance during Registration

Can’t find your registration link or joining last minute?

Watch the UCA Townhall via the UCA Youtube Channel Live-Broadcast Link HERE:

https://www.youtube.com/c/UCASocials/channels

Send your questions for the Q&A Session ahead of time to UCA by emailing social@ucausa.org

AGENDA IN EDT TIME ZONE

8:00pm – 8:15pm   Welcome and Introductory Remarks Monica He, Government Relations Advisor, UCA Haipei Shue, President of UCA  
8:15pm – 8:25pm   Remarks by Brian Sun, Partner, Jones Day   Brian will discuss the national security and data privacy claims against Tencent and ByteDance and shed light on the ongoing debate, including civil rights and due process concerns. Through a balanced perspective, Brian will also examine the Presidential Action in the context of what some are already calling a new U.S.-China Cold War.  
8:25pm – 8:45pm   Remarks by Laura Fraedrich and Justin Huff, Jones Day   Lauran and Justin will dive into the U.S. government’s authorities to target WeChat and TikTok and dissect how the Executive Order may be carried out, including next steps and divestment options under CFIUS. As the U.S. government heightens its scrutiny on foreign investment, what are the takeaways for cross-border businesses?  
8:pm – 9:05pm Panel Discussion with Speakers Moderated by Monica He, UCA   Questions to be addressed include: How will this play out in the next 100+ days, and what it could mean to users and businesses relying on the platforms. Furthermore, is the WeChat EO just one of many barriers and divides between U.S. and China that may be coming down the pipeline?   
9:05pm – 9:20pm   Moderated Q&A Session
9:20pm – 9:30pm   Closing Remarks  
Agenda

SPEAKERS

Brian A. Sun, Partner, Jones Day

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Brian Sun has earned a national reputation as a distinguished trial lawyer in complex business litigation and white collar criminal defense. He is a former federal prosecutor, a Fellow of the American College of Trial Lawyers, and has been named by Lawdragon Magazine as one of America’s 500 leading lawyers. Brian is recognized as a Band 1 lawyer by Chambers in the area of white collar criminal defense and government investigations. He was also Partner-in-Charge of the Los Angeles Office for several years.

Brian is a former president of the National Asian Pacific American Bar Association (NAPABA) and the Los Angeles Regional Foodbank. He has been honored by NAPABA with its Trailblazer Award and by the Southern California Chinese Lawyers Association with its Lifetime Achievement Award. He also served as a deputy general counsel to the Christopher Commission, which recommended sweeping reforms of the Los Angeles Police Department in the wake of the Rodney King incident.

Brian has been a frequent UCA webinar contributor, past speaking topics include U.S. national security concerns and its implications on the Asian American community, as well as how to navigate the ongoing U.S.-China conflict for scientists of Chinese descent, including in the face of discrimination or wrongful prosecution.  

Laura Fraedrich, Partner, Jones Day

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For more than 20 years, Laura Fraedrich has been helping clients achieve their goals in complex international trade matters, including CFIUS (Committee on Foreign Investment in the United States), economic sanctions, export control, customs, and trade remedy matters. Laura advises and represents clients in foreign direct investment matters, including filing CFIUS notices and negotiating mitigation agreements. She also represents clients in export control matters, including issues related to the International Traffic in Arms Regulations, the Export Administration Regulations, and the various embargoes administered by the Office of Foreign Assets Control (OFAC).

Laura is a frequent speaker on international trade, national security laws, government sanctions, and investment restriction policies and advises businesses on how to comply with the latest regulations. 

Justin T. Huff, Jones Day

Former U.S. Treasury Official with Expertise on U.S. Investment Restrictions

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Justin Huff has more than a decade of governmental experience and has negotiated multiple complex agreements for the United States government to ensure U.S. national security. Prior to joining Jones Day in 2018, Justin was a deputy director of the Office of Investment Security at the Department of the Treasury, where he assisted in the coordination of the office responsible for the Treasury’s role chairing the Committee on Foreign Investment in the United States (CFIUS), an interagency process that reviews proposed mergers and acquisitions for potential national security concerns.

Justin is a frequent speaker on U.S. investment and export restriction policies and their impact on cross-border businesses, including intellectual property protection, M&A and partnerships.

With Introductory Remarks by Mr. Haipei Shue, President, UCA

Moderated by Monica He, Government Relations Advisor, UCA

Stay tuned for announcements on the exciting line-up of the UCA Townhall Webinar Series. The 2nd Webinar in the Series will examine business reactions and potential commercial impact from the Trump Executive Order on WeChat and TikTok.

UCA Statement Regarding the White House EOs

UCA Releases Statement Regarding the White House Executive Orders

Dear President Trump,

The undersigned organizations would like to express our grave concern about the two Executive Orders you issued on August 6th, 2020, effectively banning the WeChat and TikTok applications.

If fully implemented, these Executive Orders will likely violate constitutional protections for all Americans and erode the American rule of law. In addition, these orders will most certainly harm American business operations and their ability to compete in China. But most importantly, these orders will tarnish America’s moral standing in the world, and certainly have an adverse and disparate impact on the lives of many Americans, including millions of Chinese Americans, by chilling their ability to freely communicate with others throughout the world. As such, we respectfully request that you rescind the two Executive Orders.

WeChat and TikTok are popular applications owned by companies in China that are used by hundreds of millions of people globally, not just in China. In the case of WeChat, a mobile communication and commercial platform, many Chinese Americans rely on the application for daily communication with their families and loved ones in China, for conducting business internationally, for civic participation and free political expression in America, and also for exchanging news and opinions that may not be easily available inside China. Thus, these Executive Orders would severely disrupt and uproot the way of life for millions of Americans, as well as limit the free exchange of ideas and facts both here and abroad.

While we recognize the privacy and cyber security concerns noted in the Executive Orders, to dictate and control the way Americans choose the Internet platforms and access information would fly against the openness and democratic values that are at the core of the American spirit. This unnecessarily restrictive and imperious action is out of sync with our core values and American constitutional principles like freedom of speech, and the right to due process under the rule of law. Furthermore, by banning these popular platforms according to the dictates of US government, we are moving dangerously close to the very censorship we so much loathe and often condemn in autocratic societies.

Mr. President, the United States has long stood for an open and free Internet. These Executive Orders, coupled with the Clean Network initiative your Administration has taken targeting China, would effectively create two separate and decoupled internets, which will only serve to restrict the free flow of information to and from China, and reverse the long-held national policy of an open and free Internet held by all previous administrations.

At a time of global pandemic and economic crises, this world needs more free and open communication and cooperation among the nations, not less. Starting an all-out Cold War on the technology front with China during a pandemic is certainly not in the best interest of the United States and this world.

As such, we respectfully request that you revoke the two Executive Orders.

Sincerely yours,

The Undersigned Organizations:

Science and Technology Caught between the United States and China Conference

By: Steven Pei

Science and Technology Caught between the United States and China Conference

The Committee of 100 (C100) convened nearly 300 leading policy makers, legal experts, educators, business leaders, scientists, and community leaders in Palo Alto, Ca. on September 28, 2019 to address the human impacts of geopolitics. In addition to sixteen community partners, including Civic Leadership USA (CLUSA) and United Chinese Americans (UCA), the conference was also co-sponsored by thirteen professional organizations, including the Society of Chinese Bioscientists in America (SCBA), the Chinese American Hematologist and Oncologist Network (CAHON), and the Chinese Biological Investigators Society (CBIS), who issued the first open letter in the Science Magazine and drew a response from the leadership of National Institute of Health (NIH) on March 22, 2019.

After the opening welcome by Roger Wang, Chair of C100, Ambassador Gary Locke set the tone of the conference: “The U.S. – China relationship is the world’s most consequential bi-lateral relationship. We must be concerned about security concerns and condemn illegal activity, but in recent years there have been many cases of wrongful prosecution. Our pride in our heritage does not mean we are any less loyal or patriotic to America.” He was followed by Professor Susan Shirk, Chair, 21st Century China Center at the School of Global Policy & Strategy, University of California, San Diego, and former U.S. Deputy Assistant Secretary of State. She gave the opening keynote: “China and the U.S. wove together a dense fabric of trade, technology, and education – forming a nexus of what became globalization.” “To preserve America’s open society and vibrant research environment, we should double down on American openness, not put limitations on scientific collaboration.” 

Dr. David Ho, Scientific Director of Aaron Diamond AIDS Research Center, Dr. Thomas Rosenbaum, President of California Institute of Technology, Dr. John Hennessy, Chairman of Alphabet Inc. and moderator Nelson Dong of C100 at the keynote panel.

Dong pointed out that “76% of 1,466 patents issued in 2011 to top 10 U.S. research universities had at least one foreign born inventor.” He also presented data showing the high percentages of American Nobel laureates and prize winners, science and engineering workers and student who were foreign-born. 

Dr. Ho argued, worried that NIH’s crackdown had already gone too far. Ho argued that the known cases are “largely due to sloppiness and a degree of greed” by a few scientists. “A small number of ‘bad apples’ does not connote a systemic problem that requires federal intervention when it could be addressed at the institutional level with policies already in place.”

President Rosenbaum, “The strength of the United States as a scientific, technological and economic power has depended crucially on immigration. Recent demonstrated examples of violations of scientific ethics, coupled with fears for U.S. economic competitiveness and national security, may well lead to governmental restrictions that broadly and severely restrict the flow of people and ideas.”

Chairman Hennessy pointed out that “Immigrants come to this country to make America a better country. There are a number of important American companies with foreign born founders. If you cut that off, you cut off an important part of our nation’s economic vitality.”

Dr. Steven Chu, Nobel Laureate and Former Secretary of Energy, and Congresswoman Judy Chu gave the plenary speeches at lunch. Robert Gee of C100 and Former Assistant Secretary of Energy gave a policy briefing in the afternoon. 

David Stilwell, U.S. Assistant Secretary of State for the Bureau of East Asian and Pacific Affairs joined by live video conference from the United Nation. 

Congressman Adam Schiff, chair of House Intelligence Committee, also delivered a pre-recorded speech.

It was followed by the “Business and Technology Panel” on the impact on business and the technology industry with Ambassador Craig Allen, President of U.S.-China Business Council and Carl Guardino, President and CEO of Silicon Valley Leadership Board.  The panel was moderated Jerry Yang of C100 and co-founder of Yahoo! Inc.

John Hemann, Chief of the Special Prosecutions Section of the U.S. Attorney’s Office for the Northern District of California and Peter Zeidenberg, former Federal Prosecutor, Department of Justice at the “Law and Justice Panel” on legal perspectives and impact moderated by Brian Sun of C100.

Brian Sun opened the panel with a discussion of Chinese Americans contributions and several U.S. Government initiatives and investigations of espionage cases and false accusations. As a lawyer with Jones Day in Los Angeles, California, he warned the audience that participating in the Thousand Talents Program “puts a target on your back. So don’t be stupid.”  

Zeidenberg talked about the cases of Xiaoxing Xi and Sherry Chen that he represented. It set the stage for “A Personal Perspective” by Professor Xiaoxing Xi. Even though he has shared what he and his family went through many times already, it brought Xi to tears again. Then Conference Chair Charlie Woo of C100 annnounced the good news that the American Physics Society just named Xi the 2020 recipient of Andrei Sakharov Prize “for his steadfast advocacy in support of the U.S. scientific community and open scientific exchange.” 

Woo also gave the closing remarks, “It is our hope to come together and find balanced solutions that protect national security, uphold the civil liberties of all Americans, and continue to foster the welcoming environment for the development of science, technology and research that America has always been known for.”

Columbia University Joins UCA’s Call to Speak Up

Lee C. Bollinger, president of Columbia University, published an opinion piece on Washington Post, titled “No, I won’t start spying on my foreign-born students“, in response to heightened pressure on academic research, joining a growing list of other institutions making similar statements. The content is reposted here.

The FBI has stepped up its scrutiny of research practices at college and university campuses — including mine.

Law enforcement and intelligence agencies determined to thwart the illegal transfer of intellectual property to foreign rivals are encouraging U.S. academics and administrators to develop more robust protocols for monitoring foreign-born students and visiting scholars — particularly if they are ethnically Chinese.

With students returning to campus, these policing attempts thrust economic and political concerns into fierce conflict with First Amendment freedoms.

To be sure, government-funded academic research in such national security realms as cybersecurity and bioterrorism is justifiably sensitive. Likewise, academic research conducted in collaboration with U.S. companies — a principal target of most unlawful technology transfers — leads to commercial innovations that warrant protections. Universities have an obligation to comply with existing security protocols, identify sensible ways to bolster them, and cooperate fully with law enforcement authorities and corporate research partners if clear acts of espionage are suspected. To the extent we are falling short in any of these areas — and yes, there have been isolated incidents of academics sharing sensitive intellectual property with foreign governments — we can and must do better.

At the same time, however, only a fraction of the research conducted on campus is “secret.” Indeed, the reality is just the opposite. Academic research is intended to be shared — released into the public domain to advance human progress. Groundbreaking medical discoveries, agricultural innovations credited with saving billions of people worldwide from starvation, the Internet, artificial intelligence: All are the result of publicly available, university-based research.

Consequently, a foreign national need not fly halfway around the world to “infiltrate” our great universities and learn about our latest insights and findings: With some notable exceptions,she can type words into a search engine and peruse peer-reviewed academic journals from the comfort of an office or dorm room overseas. Or, similarly, she can visit the U.S. Patent and Trademark Office’s website, where applications for patent protection provide detailed descriptions of recent innovations.

And so, most worrisome to me, as someone who has spent five decades advocating freedom of expression and assembly, is the notion that university personnel — and perhaps students themselves — should be asked to monitor the movements of foreign-born students and colleagues. This is antithetical to who we are.

The mission of a university is to foster an open atmosphere conducive to speculation, experimentation and creation. American higher education is the envy of the world not in spite of, but because of, its unrivaled commitment to openness and diversity. Attracting — and welcoming — the brightest minds in the world, regardless of nationality or country of origin, is what we’re all about.

To put it another way, the U.S. university model is a strategic advantage, not a hindrance to American competitiveness. Our administrators, professors and research scholars are not, and should not become, an arm of U.S. law enforcement. Ironically, what the FBI apparently considers our great vulnerability is, in my view, our greatest strength.

At Columbia University, where I am president, thousands of students and faculty represent more than 150 countries. We stewards of major research universities couldn’t contain intellectual freedom even if we wanted to. The incompatibility of university culture with systematic scrutiny may explain why even law enforcement officials who have visited our campus have offered little prescriptive guidance, instead offering that we should be vigilant.

The unauthorized use of intellectual property by overseas competitors is a serious problem. But the surveillance of foreign-born scholars in this country is the wrong solution. If law enforcement agencies have legitimate concerns, it seems to me that they should identify and monitor those they designate as “suspicious people” based on real threats, not broad worries about entire nationalities.

A more effective approach — advocated by many of my colleagues in higher education as well as the bipartisan Commission on the Theft of American Intellectual Property — is to expand the number of green cards awarded to foreign-born graduates of our great colleges and universities. Many of these international scholars, especially in the fields of science, technology, engineering and mathematics, would, if permitted, prefer to remain in the United States and work for U.S.-based companies after graduation, where they could also contribute to the United States’ economic growth and prosperity. But under the present rules, when their academic studies are completed, we make it difficult for them to stay. They return to their countries with the extraordinary knowledge they acquired here, which can inform future commercial strategies deployed against U.S. competitors.

The mandate of our colleges and universities is to pursue open, robust inquiry across a wide range of topics. Our institutions of higher learning should do more — not less — of what made the United States the most innovative nation in the history of the world.


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UW-Madison is the Latest to Join UCA’s Call to Speak Up,Amid Worsening US-China Relations

Repost from UW-Madison OFFICE OF THE CHANCELLOR website: UW’S RELATIONSHIP WITH CHINA.

The U.S. and China need each other. We need each other as trading partners; we need each other as major world leaders. And our universities need each other.

As we count down the final days of summer and get ready for another academic year, let me tell you about my most interesting trip of the summer.

In late May, I had the honor of leading a delegation to China. While not my first trip to that country, it was my first trip as UW chancellor.

Why visit at a time when the geopolitical relationship between the countries is strained? Quite simply, UW and China need each other more than ever and can learn much from one another.

On the May trip, multiple groups from campus, including the International Division, the Wisconsin Foundation and Alumni Association, International Student Services and several of our schools and colleges, participated in various aspects of the trip to help make it a success.

It was a busy itinerary, including meeting with our alumni, welcoming incoming Chinese students and their families to UW, attending conferences organized by UW faculty at Chinese universities, meeting with higher education leaders, and conducting industry-partnership conversations.

By way of background, you might know that UW’s history with China goes back more than 100 years. A century ago, we were the top public university (and 4th largest overall) recipient of Chinese students enrolling in American universities through the “Boxer Indemnity” scholarship fund, the main route at that time for Chinese students to attend college in the U.S.

Forty years ago, then-Chancellor Irving Shain was the among first American university presidents to visit China after it re-opened to the outside.

Today, we have 3,200 students from mainland China studying at UW. They comprise the largest group of international students at UW. Between 2000 and 2018, their share increased from 25% of all international students to 55%.

We welcome these students and scholars to Madison and do everything we can to support them and help them to be successful. Their presence on campus enriches the residential experience of all of our students.

Big, public research institutions like UW that educate thousands of students and conduct groundbreaking research have to have a global reach if we’re going to carry out our mission. Unlike in past decades, this relationship has become increasingly bilateral. Our scientists are collaborating with Chinese scientists. While there are still far more Chinese students coming to UW, increasing numbers of our U.S. students are interested in going to China. Our faculty are organizing international conferences in China with colleagues from that country – and vice versa. During my recent visit, a conference on higher education organized by a UW faculty member in collaboration with Peking University allowed me to address colleagues in China. All of these connections create new opportunities for all involved.

We need to be smart and respectful in all of our international collaborations. Full transparency and disclosure will benefit all partners and everyone involved in collaborative research projects.

The strategic partnership agreement that we signed with Nanjing University is particularly significant. We have a long-shared history of cooperation with Nanjing – this is the campus that made the most significant impression on Chancellor Shain in 1979.

In signing our most recent agreement, UW-Madison and Nanjing are seeking linkages across disciplines that can have a lasting and positive global impact. This lays the foundation for an expanded relationship featuring many more years of research collaboration and student exchange.

We also are collaborators in nine active research partnerships with Chinese universities, including a project that brings our wildlife biologists together with ones at Peking University to understand the impact of development on the Asiatic Black Bear population.

Our faculty talk about the two-way nature of their work with Chinese counterparts. As Chinese universities expand in size and quality, and as top scholars work in China, we now meet as full partners and potential collaborators with much to gain on both sides.

Collaborations can create the potential for economic development, with six current industry projects located in China, including a $2.5 million project with Nestle to develop and run a dairy farming institute.

There is growing concern about security issues with China, particularly around intellectual property. We need to be smart and respectful in all of our international collaborations. Full transparency and disclosure will benefit all partners and everyone involved in collaborative research projects.

But I am proud of the number of scholars at UW – both US citizens and citizens of other countries – who have ties to China, and I support the work that they do.

The U.S. and China need each other. We need each other as trading partners; we need each other as major world leaders. And our universities need each other. We can learn more working together than working in silos.

As long as we both share a commitment to open inquiry, outstanding education, and sharing knowledge and discoveries in a way that improves people’s lives, we can work together.

UCA Forum: A New Reality Facing Chinese Americans

The much-anticipated forum on the new reality facing Chinese Americans during China-US conflicts has successfully wrapped up. UCA/UCA-IL, along with CLUSA, Committee of 100, and SixHues, invited a panel consisting of renowned lawyers, FBI investigator, and activists to bring some crucial messages to the Chinese American community.

Data have shown that Chinese Americans are being a more scrutinized ethnic group under the current administration’s policies. Some policies in China such as the “1000-person Plan”, does not help, especially when there are existing stereotypes against Chinese. And the lack of experience in sensitive business activities as well as dealing with law enforcement has been an issue as well.

Brian Sun, a distinguished trial lawyer in complex business litigation and white collar criminal defense, emphasized on the importance of being transparent and law-abiding. It is a fact that 22% or suspects of espionage cases are Chinese Americans, who count for only 1.8% of population. It is also a fact that many Chinese Americans unintentionally acted inappropriately or even illegally.

Another lawyer, George Wu, specialized in Intellectual Properties, also called for transparency and full compliance with policies. It is critical to take some time to study the company policies. For example, downloading data to USB, or visiting the company intranet from within China via VPN, could raise some serious eyebrows.

However, the good news is that law protects everyone’s rights, including Chinese Americans. John Huang, lawyer in Chicago, assured the audience that there are only about 100 Chinese Americans currently under investigation of espionage. According to the speaker, Chinese students have not been accused of economic espionage. As to immigration, 90% of EB5 applications still come from Chinese ethnic group. It may be noted, however, that Chinese students and scholars faced generalization as a “counterintelligence risk” by FBI director Chris Ray.

One of the highlights in the Q&A session is the theft of business secrets. Any of the following could count as theft and make it hard to defense: make copy of business secret without approval; obtain and transfer non-public confidential information; disclosure of such secret for the purpose of personal, financial gain, etc.

When it comes to investigation, it is important to clarify why FBI wants to talk with you, and understand that you are not obligated to talk with FBI without a lawyer. Wenho Lee and Sherry Chen, two victims of the espionage accusals, both talked with FBI for a long time without the presence of a lawyer. It is reminded that you have the right to be silent.

A detailed report in Chinese has been published via our WeChat public account. Click to read.