The People's War and Its Application to China's Legal Framework for Cybersecurity

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.