It's a simple statement of fact that the United States has no jurisdictional authority over the actions Chinese citizens take in China against American citizens and vice versa. This is a serious problem for reasons such as this, but you cannot refute it as a basic statement of reality.
Put simply, American courts have no authority over Chinese in China, Chinese courts have no authority over Americans in the US, and our courts do not cooperate reciprocally as they do in other countries with alternative diplomatic and legal relations.
> Put simply, American courts have no authority over Chinese in China
Fortunately, this is of no significant barrier.
It is not a barrier because we, in the US, can ban their hardware anyways, and cause serious economic damage to them anyway.
So it doesn't particularly matter if we use IP law itself, in the courts, against china, when we have other options, such as simply banning their products in this other way.
To do this the US would have to reset its entire diplomatic and trade posture with China. Despite all the rhetoric this isn't happening; the diplobureaucrats will be kicking that can for as long as they possibly can.
> To do this the US would have to reset its entire diplomatic and trade posture with China
No we wouldn't. Literally we are commenting in an article, about what I am suggesting is happening.
So the stuff that the article says is already happening, is what I suggested.
Could it go faster? Maybe. But like I said, we are literally commenting on an article, about how US telecoms are being required to replace certain equipment.
The US has jurisdiction over things imported to the US, and apparently over network equipment used in exchanges.
To my knowledge this has not previously been used as punishment for theft of trade secrets (Hwawei was sanctioned for doing business in Iran), but the legal mechanism is there.
Put simply, American courts have no authority over Chinese in China, Chinese courts have no authority over Americans in the US, and our courts do not cooperate reciprocally as they do in other countries with alternative diplomatic and legal relations.