ANALYZING THE SHORTFALLS OF THE U.S. COUNTERING CCP DRONES ACTH.R.2864IN LIGHT OF CHINA’S NATIONAL INTELLIGENCE LAW AND THE ZHENHUA DATA 2020

Abstract

The Countering CCP Drones Act (H.R. 2864), enacted by the U.S. Congress, seeks to safeguard national security by prohibiting Chinese drone manufacturers, such as DJI and Autel Robotics, from accessing U.S. communications infrastructure. While this legislation addresses hardware concerns, it fails to consider the broader cyber security risks posed by China’s National Intelligence Law (2017/2018), which obligates Chinese companies to cooperate with the Chinese Communist Party (CCP) on intelligence activities. The Zhenhua Data leak, which surfaced during the India-China border tensions in 2020, revealed China's vast surveillance capabilities and its collection of sensitive data on foreign politicians, military figures, and activists. This paper critically analyzes the limitations of the Countering CCP Drones Act in the context of the broader threat posed by China's digital espionage and intelligence operations. By examining the Zhenhua Data leak and the India-China border conflict as case studies, this research explores how China utilizes technology, including drones and artificial intelligence, to bolster its intelligence-gathering efforts. The paper also evaluates the future implications of Chinese surveillance technologies and offers policy recommendations to the U.S., its international allies, and the United Nations to counter China's growing digital and intelligence dominance.