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US Pressed Chinese Firms To Show One Example of When They Resisted Request For Data From Chinese Government, But They Have Never Done So: WSJ (wsj.com)

The latest in the Huawei saga, which is increasing tension between the U.S. and China. WSJ reports about a remarkable event: Confronted with U.S. accusations of cyber espionage, Chinese companies and government officials often accuse Washington of hypocrisy, pointing to allegations in 2013 by former NSA contractor Edward Snowden that the U.S. had been hacking into key Chinese networks for years. Western officials say systems of checks and balances in their countries allow for companies to challenge those demands, unlike in China.

To further highlight that difference, U.S. officials have repeatedly pressed Chinese companies to demonstrate to them one example of a time they resisted a request for data from the Chinese government, but they have never done so, according to a person familiar with those conversations. U.S. intelligence officials have suggested at times that their views on Huawei are informed by definitive examples of malfeasance, though they have so far refused to share such evidence publicly. When the House Intelligence Committee in 2012 published an unclassified report naming Huawei as a security risk, it spoke generally about a lack of trust lawmakers placed in China but steered clear of providing concrete examples of the company being caught engaging in nefarious activity.

70 comments

  1. Well, there was that one time by WillAffleckUW · · Score: 2

    But those execs are in the Human Plastic Show right now.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Well, there was that one time by zlives · · Score: 4, Insightful

      wow China should totally implement the rubber stamp FISA system, heck just back date some warrants and call it good. Justice is served.

    2. Re:Well, there was that one time by ShanghaiBill · · Score: 4, Interesting

      TFA is just a long Whataboutism rant. The fact that Chinese firms acquiesce to demands from the Chinese government, in no way whatsoever excuses the misbehavior of the American government.

      The Chinese judicial system is not comparable to the American system. They do not have an independent judiciary, so expecting a company to "challenge" an order doesn't make much sense. They also do not have an adversarial system, with a defense attorney and prosecutor trying to "win" regardless of the merits of the case, with an impartial judge as arbitrator. In China, the judge is often actively involved in the investigation, and will directly question witnesses. Their justice system works completely differently, in both good ways and bad.

    3. Re:Well, there was that one time by Shaitan · · Score: 4, Insightful

      "in no way whatsoever excuses the misbehavior of the American government"

      This story isn't about alleged misbehavior on the part of the American government. If Chinese companies do not fight government requests then what is to stop the government from gaining access to American trade secrets those companies become privy to including their own trade secrets where the companies are branches of US companies operating in China?

    4. Re:Well, there was that one time by Anonymous Coward · · Score: 0

      wow China should totally implement the rubber stamp FISA system, heck just back date some warrants and call it good. Justice is served.

      Who needs backdating?

      Just use some fabricated unverified tripe sourced from Russian ex-KGB agents and paid for by a political opponent as the basis for those warrants, even though you know it's fabricated and unverified.

      And when you lose the election anyway, morph that into a special counsel investigation.

    5. Re:Well, there was that one time by Anonymous Coward · · Score: 0

      If Chinese companies do not fight government requests then what is to stop the government from gaining access to American trade secrets those companies become privy to including their own trade secrets where the companies are branches of US companies operating in China?

      None because:

      "Trade secrets are defined in China as technical or operational information that:
        Is not known to the public;
        Has economic value and practical applicability; and
        Is subject to measures taken by the owner to maintain confidentiality." -- Trade Secrets in China Factsheet

      Ie, since it's known that giving Chinese companies trade secrets likely means the government can and will demand those secrets and then give them to other companies, one hasn't really taken measures to maintain confidentiality. Yes, that's a shitty system, but it's well known. You don't do business in China involving trade secrets or they will be "stolen".

      The reason this is whataboutism is because US telecommunication companies have been repeatedly shown to be complicit with the US government in spying on its users. They haven't been shown to engage in corporate espionage, so one can still use US telecoms for business work and feel relatively safe. Meanwhile, the US government doesn't engage in extrajudicial actions in the US*, although it could definitely be argued that it's judicial actions by proxy with trade partners amounts to extrajudicial actions outside the country. However, virtually all countries are not above extrajudicial actions outside their own borders, often citing the rules of war or similar as justification.

      So, if you're one who worries about extrajudicial action by China in China or areas where it has influence, you should worry about using Chinese phones. If you do any sort of business with trade secrets, you should worry about using Chinese phones.

      If you worry about extrajudicial action by the US in the US, you have little reason to worry about using US phones or services. If you worry about extrajudicial action by the US outside the US especially in areas where the US has or could have influence, you should worry about using US phones or services. If you do any sort of business with trade secrets, you probably shouldn't worry about using US phones or services.

      For most Americans, either phone is fine. For most Europeans, either phone is fine. For the Chinese, they'd want an American phone. For everyone else, it's almost a wash. For those with trade secrets, American (or European) phones are the way.

      Most people aren't companies. Most people (especially those in China) would be better off not living in China. In some ways, most people would be better off living in America precisely because of how willing it is to abuse those not living in America but so reticent about abusing those who live in America. On a practical level, most people are irrelevant to either governments and no amount of spying by either matters.

      * I wouldn't go as far as to say everyone is safe because abuse does happen and most of the inner-workings aren't inspected by those which we can necessarily trust to be forthright about or ever act on abuse in a meaningful way. Still, the risk is pretty vanishingly small.

    6. Re:Well, there was that one time by AmiMoJo · · Score: 0

      If Chinese companies do not fight government requests then what is to stop the government from gaining access to American trade secrets

      Same thing that stops the US government getting access to Chinese trade secrets through American companies: nothing.

      If they haven't been hacked by the NSA yet they can just issue a National Security Letter or some other bullshit.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re: Well, there was that one time by Anonymous Coward · · Score: 0

      Check the name. It is ShanghaiBill, noted Chinese whataboutist. A complete hypocrite on domestic affairs based on which party is doing any particular action. He has no credibility or consistency, other than opposing other people's ideas.

      Here, let's do an example:
      I propose a 3% annual wealth tax on entities with over a billion dollars in assets. We can argue about deductibility vs income, etc, but my thesis is a three percent wealth tax on those who have over a billion dollars is good for the economy, because it can be used to mitigate the damage done to society by those who accumulate such wealth.
      What is Bill's position?

    8. Re:Well, there was that one time by arglebargle_xiv · · Score: 2

      It's not Whataboutism, it's just Wot? The headline "US Pressed Chinese Firms To Show One Example of When They Resisted Request For Data From Chinese Government, But They Have Never Done So" tells me I'm supposed to be outraged about something, but it's phrased in such an obtuse manner that I have no idea what it is. Something about China, by the looks of it, and being asked to prove a negative.

    9. Re:Well, there was that one time by Anonymous Coward · · Score: 0

      In that way their system is much closer to the European systems than the British or the US system. That has to an endless cause of confusion in US government officials who have no legal background.

    10. Re: Well, there was that one time by Anonymous Coward · · Score: 0

      Be independent all you want US justice is a joke.

  2. I'm sure some have ... by Anonymous Coward · · Score: 0

    ... they just disappeared and were never heard from again.

  3. When did you stop beating your wife? by shking · · Score: 3, Insightful

    Sounds like the spin doctors have thrown the old loaded question fallacy against the wall to see if it will stick

    --
    -- "At Microsoft, quality is job 1.1" -- PC Magazine, Nov. 1994
    1. Re: When did you stop beating your wife? by Anonymous Coward · · Score: 0

      About five minutes ago, when I took a break to drink a beer and troll slashdot.

    2. Re:When did you stop beating your wife? by Anonymous Coward · · Score: 0

      Please shut up.

    3. Re:When did you stop beating your wife? by Anonymous Coward · · Score: 0

      The logical implication of your comment is that you believe the Chinese government has never requested such data from these companies.
      Did you mean to imply that?

    4. Re: When did you stop beating your wife? by Anonymous Coward · · Score: 2, Interesting

      The journalist Alistair Cook pointed this out in the 1970's. It's a linguistic thing. In Mandarin, China is not a geographical space in which the government, people and corporations are separate and distinct actors. China is the government, and the people and corporations are permitted to be extensions of that.

    5. Re:When did you stop beating your wife? by hackingbear · · Score: 0

      The logical implication of your comment is that you believe the Chinese government has never requested such data from these companies.

      That indeed hasn't been proven.

  4. So what? by Comboman · · Score: 1

    I bet AT&T or Verizon can't show a single example of a time they resisted a request from the American government.

    --
    Support Right To Repair Legislation.
    1. Re: So what? by Anonymous Coward · · Score: 0

      Oh I am sure they can actually. Itâ(TM)s just there reason for push back will have had everything to do with $$$ and if privacy, process or security get a mention it will only have been in the name of excuse shopping

    2. Re:So what? by Anonymous Coward · · Score: 0

      Seeing as there are wide-swath gag orders issued to tech firms, one cannot even trust a statements validity, even if they have issued token resistences.

    3. Re:So what? by RightwingNutjob · · Score: 2

      Apple and FBI. Quite public, too.

    4. Re:So what? by Rockoon · · Score: 1

      you so sure that that wasnt theater?

      --
      "His name was James Damore."
    5. Re:So what? by clonehappy · · Score: 1

      I think an ex-CEO of Qwest told the FBI or someone to go fuck themselves once. IIRC, a year later he was doing time for some "completely unrelated" trumped up insider trading charge or something. Pretty much set the example for everyone else to play ball.

    6. Re:So what? by RightwingNutjob · · Score: 1

      Option 1: Giant conspiracy
      Option 2: Feds don't have technical know-how to crack a brand new, designed in Cupertino/made in China phone.

      I'm on pretty firm ground assuming stupidity. I'm on less firm ground assuming hyper-competence.

  5. US directly spied on China. China uses companies. by ITRambo · · Score: 4, Insightful

    The issue is that Chinese firms directly are owned and micro managed by the Chinese government. The US chooses to avoid electronics that are shown to have been part of China's spy efforts. China will, naturally, downplay this difference as if there is no difference at all. There is. Chinese companies directly assist China in spying on the West. US firms do not directly do so.

  6. Resist everyone but us by PKFC · · Score: 1

    Please resist your government, but Apple is teh evil for resisting the good ol' US of A

    1. Re:Resist everyone but us by Anonymous Coward · · Score: 0

      just the right amount of resistance makes it pleasurable.

    2. Re:Resist everyone but us by nnet · · Score: 1

      Resistance is tactile.

  7. Can we see some evidence China had requested data? by Anonymous Coward · · Score: 0

    Before asking for evidence that the companies resisted requested can we see some evidence that such requests were ever made. While I have no doubt that such requests do happen (or maybe the Chinese government just hacks straight in and doesn't bother asking) i'd like to know more about the scale of them. This might not be easy as I doubt the government publishes much about their data requests, but I'm sure US authorities have some idea of what is going on.

  8. Bizzare expections by ukoda · · Score: 0

    What a bizarre statement "U.S. officials have repeatedly pressed Chinese companies to demonstrate to them one example of a time they resisted a request for data from the Chinese government". News flash, China has a communist government. No individual or company has the right to resist the government. Bad things happen to anyone/thing that does try it. Any company stupid enough to try that in China would quickly cease to exist and therefore would not be able to demonstrate anything to anyone.

    1. Re:Bizzare expections by Anonymous Coward · · Score: 0

      What a bizarre statement "U.S. officials have repeatedly pressed Chinese companies to demonstrate to them one example of a time they resisted a request for data from the Chinese government". News flash, China has a communist government. No individual or company has the right to resist the government. Bad things happen to anyone/thing that does try it. Any company stupid enough to try that in China would quickly cease to exist and therefore would not be able to demonstrate anything to anyone.

      The request wasn't designed to elicit an honest answer. It was to illustrate that very point.

    2. Re:Bizzare expections by Impy+the+Impiuos+Imp · · Score: 2

      Moreover they do have the right to resist, as rights are inherent in you as a person, and therefore cannot be granted by other, angry people with guns. They can, however, step all over your rights.

      I'm sure there will be kibitzers who disagree, but why would you grant other people the philosophical power to grant you rights on their whim? What a subservient loser they must be.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  9. Gov buying power by xxxJonBoyxxx · · Score: 1

    >> Western officials say systems of checks and balances in their countries allow for companies to challenge those demands, unlike in China

    USA to large tech: hey company with whom we have a large contract - we'd like to see details on X. If you can't show us, that's cool, but don't forget we're a big fan of your services...today anyway

    1. Re:Gov buying power by tlhIngan · · Score: 1

      USA to large tech: hey company with whom we have a large contract - we'd like to see details on X. If you can't show us, that's cool, but don't forget we're a big fan of your services...today anyway

      Trump said to dump iPhones for Samsungs. He did, for a couple of months, but has since switched back. This was after the FBI-Apple lawsuits and data requests.

      And unless everyone is lying, not all warranted data requests were fulfilled, either. The companies are even pushing back asking to reveal even more detailed statistics, rather than just broad quantities.

  10. An insightful perspective. by kalieaire · · Score: 1

    Arguing with my mother, my father, their siblings, their friends (all Chinese descent), I have learned that they can't handle criticism.  Over the past 30 some odd years, in practically every conversation which included constructive criticism they've been completely defensive.
    --
    Conversations usually go like this:

    "Why don't my dumplings look as good as yours, can you help me?"
    -Them

    "If you pinch the edges of the dumpling too hard, the contents will leak out because you're overly thinning out the dough skin"
    -Me

    "Your posture is terrible, who taught you to stand like that, you should be ashamed for bringing shame to your family name!"
    -Them

    "How is that related?"
    -Me

    "You are a terrible person!"
    -Them

    "I'm trying to ha,,"
    -Me

    "I can't believe I'm related to you"
    -Them

    (ノಠ益ಠ)ノ彡┻━┻
    -Me
    ---

    Armed with this knowledge, I can only imagine how closed session proceedings go with Chinese Executive Leadership.

    1. Re:An insightful perspective. by Anonymous Coward · · Score: 0

      Fascinating. I study this because my wife is Chinese. I wonder if this concept is a function of their culture being one that is shame-based, as opposed to the West (typically: Christianity and related backgrounds) being guilt-based.

  11. Why would they admit to a crime? by misnohmer · · Score: 2

    Working against the government in China is a crime (or at the very least gets you on a bad side of the dictatorial government). Why would any company admit to doing it, even if they did?

    1. Re:Why would they admit to a crime? by Anonymous Coward · · Score: 0

      ahmm? same argument is valid to US or any other country

    2. Re:Why would they admit to a crime? by Anonymous Coward · · Score: 0

      Not every society believes separate of power, free market and democracy solve everything. To some the so call US rule of law is a poor excuse as they just legalize most illegal activities like corruption and illegal invasions etc.

      Let's not forget we have had only 2-300 years of so modern western approach and we are already near the end of civilization given Google, Twitter and Facebook

  12. China the workers paradise (NOT!) by Anonymous Coward · · Score: 0

    China is far from a free country. China also has way less freedom than even the shittiest western countries. You can end up being reeducated for even asking a serious question to the local party officials. The icing on the cake is it's a terrible place for the average worker too. The workers have zilch rights even worse than at the crappiest U.S. companies. The pollution problems in China make super-fund sites in the U.S. look like nature preserves.

    The worst part is the party doesn't even have any competition. It's the same old story, power corrupts, and in a one party state, that's a hell of a lot of power.

    1. Re:China the workers paradise (NOT!) by Gonoff · · Score: 1

      China is far from a free country. China also has way less freedom than even the shittiest western countries. You can end up being reeducated for even asking a serious question to the local party officials. The icing on the cake is it's a terrible place for the average worker too. The workers have zilch rights even worse than at the crappiest U.S. companies. The pollution problems in China make super-fund sites in the U.S. look like nature preserves.

      The worst part is the party doesn't even have any competition. It's the same old story, power corrupts, and in a one party state, that's a hell of a lot of power.

      This is all relative. Make a few changes and...

      The USA is far from a free country. It also has way less freedom than even the shittiest EU countries. You can end up being bankrupted for even asking a serious question of a corporation. The icing on the cake is it's a terrible place for the average worker too. The workers have zilch rights even worse than at the crappiest EU companies.

      and so on.

      Yes, I suspect that China is an order of magnitude worse than the US. It just isn't so perfect that its supporters should rabidly criticise anyone else.

      --
      I'll see your Constitution and raise you a Queen.
  13. Re:US directly spied on China. China uses companie by Anonymous Coward · · Score: 0

    The USA is certainly no saint

    https://www.theguardian.com/books/2014/may/12/glenn-greenwald-nsa-tampers-us-internet-routers-snowden

    https://electricalstrategies.com/about/in-the-news/spies-in-the-xerox-machine/

    https://www.youtube.com/watch?v=Qk_zpjK3cTo&t=28s
    Shows how well the US treats its allies

    What the USA does not want is equipment out there they CANT hack or get backdoors installed, and they certainly don't want other countries competing and taking away money from US companies either.

  14. Good checks and balnce by hackingbear · · Score: 0

    In the same TFA,

    Western officials say systems of checks and balances in their countries allow for companies to challenge those demands, unlike in China.

    and

    U.S. intelligence officials have suggested at times that their views on Huawei are informed by definitive examples of malfeasance, though they have so far refused to share such evidence publicly.

    In the other news, they will also refuse to share real evidence of Iraq WMDs with the public.

    1. Re:Good checks and balnce by Rockoon · · Score: 0

      In the other news, they will also refuse to share real evidence of Iraq WMDs with the public.

      After the break, we will also pretend that there is evidence of russian meddling.

      --
      "His name was James Damore."
    2. Re:Good checks and balnce by HiThere · · Score: 1

      There actually *IS* evidence of Russian meddling in US elections. I haven't heard of much evidence WRT it being extensive or successful, but it might have been.

      P.S.: There's also evidence of the US meddling in various foreign elections and other policies. Surprise!

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  15. Governments will spy by AHuxley · · Score: 1

    In China the Communist party wants the crypto and code.
    In the USA PRISM got the crypto.

    The EU makes the same demands on what publishing can be on social media.

    Should a Western brand invest and make its products in China understand what the Communist party will demand.
    Of the US brand.
    From all workers who are good Communists.

    Try a nation with the rule of law and who will support US freedoms.

    --
    Domestic spying is now "Benign Information Gathering"
  16. Requests following the law? by Anonymous Coward · · Score: 0

    I don't have much faith in China but maybe they have a legal system for making requests and follow it.
    If the request is legal (even if we think it shouldn't), there is no point in resisting the request.

    OTOH, if they are making secret, illegal, requests, why would WSJ expect the companies to simply tell? I don't remember Apple talking about resisting PRISM before Snowden.

  17. Who cares about resisting the Chinese government by Anonymous Coward · · Score: 0

    What about when they resisted the US government? That's pretty much all I care about.

  18. Yeah and how often we see US company do ? by Anonymous Coward · · Score: 0

    No seriously, how often do US company refuse to hand over data to the NSA ? Because we are not speaking of refusing data to the local police so warrant don't count. Let us get real. No US company ever resisted the government either.

  19. Pot calling the kettle black by Anonymous Coward · · Score: 0

    This from the country where the "national security" court approves 99% of government requests. The country that was caught intercepting computer hardware in the mail and implanting spychips before sending them along. I'm all for chastising China for their misbehavior, but lets also give the US government an earful for their massive spy apparatus both domestic AND international.

    1. Re: Pot calling the kettle black by Anonymous Coward · · Score: 0

      The whole point is that Chinese companies and courts don't even refuse the worst 1%. The Chinese based companies could not cite even a single example of successful pushback against their government.

  20. FISA Gag orders by thesjaakspoiler · · Score: 1

    Chinese most likely has them, just like the US does.

  21. Re:US directly spied on China. China uses companie by Anonymous Coward · · Score: 0

    It lays bare the lie that the "Western officials say systems of checks and balances in their countries allow for companies to challenge those demands, unlike in China." The NSA doesn't bother waiting for a western country to challenge a demand if they can just intercept the equipment in transit, modify it & reseal it. The company can legally claim ignorance and the USG still gets what it wants.

  22. Sounds against government is right thing to do by humaniverse · · Score: 0

    You should against your government. Not in my country, lol.

  23. What about hypocrisy?! by hackingbear · · Score: 1

    You can criticize "whataboutism" if "whatabout'ed" fault is not committed by yourself (or your own country in this context.) However, if yourself commits the same fault that you use to criticize your opponent, or even worse launching a war on the same accusation, that shows your immoral characteristic -- it's outright evil.

  24. Apple has iCloud servers in China by Anonymous Coward · · Score: 0

    ...hosted by a Chinese corporation. So much for Tim Cook's proclamation that "privacy is a fundamental human right." Apparently not.

  25. When they have companies the size of Google by Anonymous Coward · · Score: 0

    Facebook, or Amazon which have data of 80% of everyone in the world, this comparison is not relevant.

  26. FAGGOT BEAR LIES AGAIN FOR CHINA LOL by Anonymous Coward · · Score: 0

    FAGGOT BEAR YOU ARE A MORON.

  27. Re:US directly spied on China. China uses companie by Anonymous Coward · · Score: 0

    ALL the western companies with FEW exceptions fought those NSL's tooth and nail. CEO's resigned in protest, the very CONCEPT of the warrant canary exists because they resisted as far as legally possible. In China, ZERO attempt.

    I'm not saying everything the US does is right, and far from it, but to say that China is on par with western open societies in ANY REAL WORLD METRIC is probably bullshit, no matter which one you'd pick.

  28. The FBI et al can gag orders. by Anonymous Coward · · Score: 0

    The law allows the intel agencies and likely police too to tell businesses not to tell anyone that the government has an order to get data."We don'twant to scare off the terrorists" is the excuse, but the power is there. AT&T et al have to break the law to tell you that they've been ordered to hand over data if that law is invoked in the order.

    Not forgetting that US companies have been handing over data for longer than they've existed in China.

  29. Bullshit by Anonymous Coward · · Score: 0

    I don't know of any "tooth and nail" fighting over that.

  30. Change the topic to capitalism by Anonymous Coward · · Score: 0

    And try a public discourse with western politicians over it and you take the contrarian side of it. You'll find that the shibboleths you found with the chinese people are mirrored in a different guise in western society.

    1) People must be free
    2) Government bad
    3) Private enterprise good
    4) We are better than everyone else

    are the shibboleth four horsemen of western politics. Even the left wing have, until VERY recently, been solidly pro free market neocapitalist policies where government by definition is the worst possible solution to anything.

  31. Re: You Love Chink Cock Bill by Anonymous Coward · · Score: 0

    Everyone knows.. you're a chick cocksucker.. no need to remind everyone ALL THE TIME. You fucking cocksucker.

  32. Re: CHINK'S TINY COCKS KILLING RHINOS by Anonymous Coward · · Score: 0

    Heres a fact: ALL the world's Rhinos are being killed because stupid Chinese believe snorting ground up rhino horn will give them a magically larger penis.

    TINY CHINESE PENISES are causing the rhino to go extinct. Thats a fact. Fuck you you tiny chink cock sucker.

  33. Re: Chinese Tiny Cock Bullshit by Anonymous Coward · · Score: 0

    Tell us about the Rhinos Daddy... we will never see them because Chinese people believe in magical cock growing by snorting ground up dead animals.

    And obviously it works.. just look at all those HUGE CHINESE PENISES in porn right?

  34. Re: Fuck you. by Anonymous Coward · · Score: 0

    Not every society believes in the equal rights of all, some even practice archaic practices like public beheading blasphemy trials.

    Its up to us who are THEIR BETTERS to show them they are wrong. You fucking chink goof cocksucking faggot.

  35. Re: Chinese Tiny Cock Bullshit by Anonymous Coward · · Score: 0

    it's better to snort rhino horns than to molest children like other people with small penises do instead.

  36. Poor Way To Prove Case by Anonymous Coward · · Score: 0

    It seems to me that the U.S. government asking this question, is a poor way to go about making their case. I sort of get what they are trying to do but people don't normally attack an issue this way for several reasons.

    There are reasons why one might not get an affirmative answer to the question, "give us an example of resisting a Chinese government request for information." These range from rather weak and implausible, all the way to, 'very likely':

    - Are you asking the right companies?
    - Are you asking the right people in those companies?
    - Would a Chinese company want to publicize an information dispute with their government (has cultural, political and economic dimensions). Domestic Chinese considerations might lean towards 'No';
    - Do Chinese companies see any value in getting embroiled in an international dust-up with the US? They could easily view this as the realm of politicians and diplomacy and not corporate life;
    - What do the customers of those Chinese companies think? If it causes problems with the customers, then it almost certainly isn't worth getting involved in.