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How exactly does China steal US technology?

How exactly does China steal US technology? Well, perhaps the evidence presented in a US federal indictment unsealed at a Seattle court in Jan 2019 could shed some light.Huawei faces US criminal charges over theft of robotUS wireless provider T-Mobile has a robotic technology used for testing mobile phones. It could rapidly tap a phone screen to test a phone quickly. China's Huawei Technologies wanted to license or buy the technology from T-Mobile at first but T-Mobile said ‘No’. At the time, Huawei was a vendor of T-Mobile.According to the court case, with T-Mobile turning down Huawei's request, Huawei then proceeded to steal it. Huawei defended itself saying that its employees were merely acting on their own to learn more about the robot nicknamed Tappy.The indictment revealed multiple e-mail exchanges that showed extensive communications between Huawei China HQ and its subsidiary in US over a one-year period from 2012 to 2013. The e-mails also depicted how a Huawei engineer from China HQ with no authorization was sneaked into T-Mobile’s Tappy lab by other US Huawei employees who had access to the lab. He was caught and thrown out but returned to continue his attempt to obtain more information of Tappy. In desperation, the US Huawei staff even secretly took the robotic arm out of the lab without permission from T-Mobile so that his China colleague could inspect the arm closer.Followings were the e-mail exchanges presented in court. You decide if Huawei employees were merely acting on their own out of “technical curiosity” or under instructions from Huawei HQ to steal T-Mobile’s technology.P.S. Reading through these e-mails certainly reminds one of some movie plots from “Mission Impossible”.----------------------------(May - Jul 2012: TMO said 'no' to Huawei)Date: May 2012From: R.Y. (Huawei USA Director of Technical Acceptance)To: engineers@huaweiSubject: License TMO robotAsked about licensing or purchasing Tappy, but TMO said no. They have no plans to sell the robot system to any phone manufacturer, including Huawei.Date: July 2012From: H.L. (Huawei USA employee at T-Mobile)To: engineers@huaweiSubject: Progress reportPer request for photos and technical specs of TMO robot (i.e. component serial numbers, hardware and software details) we were unable to gather relevant information. They say it is because of information security regulations. We were reminded that all Huawei employees signed non-disclosure agreements.----------------------------(Sep - Dec 2012: Huawei proceeded to build their own robotic system back in China but wanted its US staff attached to T-Mobile to get more detail information about T-Mobile's robot. But T-Mobile continued to resist sharing any information with Huawei)Date: September 2012From: H.P. (Huawei China Director of Device Testing Management Department)To: usa@huaweiSubject: GoalsThe main point is to figure out the Robot's specifications and functions. These are the benchmarks of products developed by ourselves.Date: September 2012From: R.Y. (Huawei USA employee)To: hp@huawei, engineers@huaweiSubject: checking inT-Mobile is not willing to share the detail of robot tech/docs with Huawei or any manufacturers. They refused to provide us the details of robot hardware and software specifications.Date: November 2012From: J.Y. (Huawei China engineer)To: ry@huaweiSubject: ReminderThis email is just a kindly reminder for the information we need to build our own robot system and kindly feedback the information we need in the attachment...Date: December 2012From: R.Y. (Huawei USA employee)To: jy@huawei, engineers@huaweiSubject: Follow upWe got not much information from TMO on these questions that you guys asked. Again, TMO won't want to share any more information about their robot system with us. However, we still try to find more information during our test in TMO robot lab. But it won't expect any time soon.----------------------------(Dec - Jan 2013: Back in China, Huawei continued to face issues developing their own robotic arm and wanted its Huawei US staff to help get the necessary information from T-Mobile. The approved Huawei staff who had access to the T-Mobile lab could only take some pictures of Tappy. In one instance, a Huawei US staff replied to China, "We CAN'T ask TMO any questions about the robot. TMO is VERY angry the questions that we asked." He then suggested China send an engineer over to Seattle to look at Tappy himself.)Date: December 2012From: J.Y. (Huawei China engineer)To: ry@huawei, ax@huawei, usa@huawei, engineers@huaweiSubject: xDeviceRobot issuesWe are still working on the Robot system and we had some issues with the system at the moment. More information on Tappy is needed. Are software test strips optimized for each device? What is Tappy's touch speed? How is the rubbed tip installed? Is there air space in the rubber tip?Date: January 2013From: A.X. (Huawei USA engineer)To: jy@huaweiSubject: Re: xDeviceRobot issuesSee attached photos of Tappy.tappy5.jpgtappy6.jpgDate: January 2013From: J.Y. (Huawei China engineer)To: ry@huawei, ax@huawei, usa@huaweiSubject: Tappy armWe need more technical information, specifically the response time accuracy of TMO's mechanical arm.Date: January 2013From: A.X. (Huawei USA engineer)To: jy@huaweiSubject: Re: Tappy armTMO will not give us this information.Date: January 2013From: R.Y. (Huawei USA employee)To: jy@huawei, engineers@huaweiSubject: Re: Re: Tappy armOnce again, we CAN'T ask TMO any questions about the robot. TMO is VERY angry the questions that we asked. Sorry we can't deliver any more information to you. I think a Huawei China engineer should come to Seattle and observe Tappy directly. You will learn a lot in knowledge and experience.----------------------------(Mar - Apr 2013: Communications between Huawei US and China staff continued with Huawei China engineer acknowledging that their robot system is not as good and wanting more information from T-Mobile through Huawei US staff. Due to the constant asking by Huawei US staff, T-Mobile set an ultimatum. T-Mobile told Huawei US staff that if they asked them furthermore, they would be barred from accessing T-Mobile's robot lab. T-Mobile also became suspicious and started installing cameras at the lab.The Huawei US staff wrote back to China, "I think everyone knows what this means. We can't provide any further information to HQ because we can't get anything from TMO." The Huawei US staff reiterated his proposal to get the Chinese research engineer over to Seattle to look at the robot himself. The Huawei US staff was probably tired of being squeezed in the middle by China HQ and T-Mobile)Date: March 2013From: F.W. (Huawei China engineer)To: hl@huawei, engineers@huaweiSubject: xDeviceRobot updateFrom the results of the recent xDeviceRobot system verification, there is still a definite disparity with T-Mobile. H.L., can you collect information about the TMO robot arm and tip? We need contact area, hardness and pressure.Date: March 2013From: H.L. (Huawei USA engineer)To: fw@huaweiSubject: Re: xDeviceRobot updateGathering info from TMO is risky. I recommend contacting the robot manufacturer instead. Going through TMO would only backfire, especially after signing a confidentiality agreement at the TMO laboratory, the relevance of this information to us is very sensitive.Date: April 2013From: J.Y. (Huawei China engineer)To: ry@huawei, ax@huawei, usa@huawei, engineers@huaweiSubject: xDeviceRobot - further difficultiesWe are still not on par with TMO robot. Please send more information about calibration standards, delay calculations and software.Date: April 2013From: R.Y. (Huawei USA employee)To: jy@huawei, engineers@huaweiSubject: Re: xDeviceRobot - further difficultiesFirst of all, I am glad that HQ R&D has been continuing to improve the Huawei robot system. Based on the test on TMO's phone we do see a big difference of test results between TMO robot and Huawei robot. I think we have a lot of work to improve our robot performance. The difference between two is not only the hardware but also (most importantly) the software. TMO has spend much more money on software than hardware.Once again, we can't get any further information about TMO robot system from TMO. They have complained to us a lot about this because we asked them too many questions of the robot based on HQ's request. TMO said to me that if we ask them again such questions, they don't allow us to use their robot Lab. TMO has set up a security system by putting camera into the robot Lab. I think everyone knows what this means. We can't provide any further information to HQ because we can't get anything from TMO.Once again, I suggested HQ to send an engineer to TMO for a hands-on experience by playing the robot system. I believe this would give HQ robot team a huge benefit in understanding TMO robot system from hardware and software, as well as operation.Date: April 2013From: Huawei USA Executive Director of Technical AcceptanceTo: jy@huawei, ry@huawei, engineers@huaweiSubject: Re: Re: Re: xDeviceRobot - further difficultiesAccess to Tappy by our engineers on the ground is strictly controlled. They are limited to usage of TMO's robot, and everything else is categorically denied.Due to answering headquarters' questions, our employees have had two complaints raised against them, and it was declared that if we inquired again, Huawei's credentials for using the TMO Robot Laboratory would end. I echo previous suggestions to send an engineer from headquarters to see Tappy in person.----------------------------(Apr - May 2013: Finally, Huawel decided to send an engineer over to Seattle from China. In his email to his US colleagues, the engineer said he would be going to T-Mobile lab to do "reconnaissance and obtain measurement data". The title of his email even had the word "Reconnaissance" in it. Note that this engineer from China did not have clearance to get into T-Mobile lab. His US colleagues who had access let him in. However, he was caught twice by T-Mobile staff in the lab.T-Mobile got angry and barred all Huawei staff from entering the lab. Their badges were taken away. T-Mobile officially wrote to Huawei, "Due to recent and repeated violations of T-Mobile's on-site rules, Huawei USA's access to the Tappy laboratory has been revoked. All Huawei USA employees must return their badges to T-Mobile, with the exception of A.X., who will be the only Huawei USA employee with access to the testing facilities. This is only so Huawei can complete limited testing on in-progress projects."Despite this, Huawei HQ continued to persist in pressing their staff to get more details of Tappy. Since only Huawei employee A.X. still had his badge, he went inside the lab to help remove the robot arm without permission. The China engineer then took exact measurements of the arm. T-Mobile staff soon found out that their robot was missing and went after Huawei staff. A.X. gave the excuse that the arm was taken "by mistake". As such, all access by Huawei staff was revoked. They had to be escorted everytime they were inside T-Mobile.)Date: April 2013From: F.W. (Huawei China engineer)To: Huawei USA Executive Director of Technical AcceptanceSubject: Trip to Washington>There are a number of goals for my trip to T-Mobile HQ, but mainly-Collect detailed technical data on Tappy hardware and softwareTake photos and videosFor the mechanical arm issues, go to the laboratory for reconnaissance and obtain measurement dataI expect to arrive in Washington on May 11.Date: May 2013From: F.W. (Huawei China engineer)To: engineers@huawei, usa@huawei, Director of Device Testing Management DepartmentSubject: ReconnaissanceA.X. has let me into the Tappy laboratory twice over the past few days. Both times we were discovered by a T-Mobile employee and I was asked to leave, since I wasn't allowed to be there. I observed the robot on both visits and took pictures on the second.I went once more today to TMO's mechanical arm testing laboratory and gained an overall understanding of the test environment. I summarized it, please take a look in the attached document and pictures.TMO has made it clear that I am not allowed to re-enter the robot laboratory. Going forward, A.X. will help you get a deeper understanding of the remaining information.Robot Environmental Information.doctappypic1.jpgtappypic2.jpgtappypic3.jpgtappypic4.jpgtappypic5.jpgDate: May 2013From: T-Mobile partner relationsTo: usa@huaweiSubject: Return all badges immediatelyDue to recent and repeated violations of T-Mobile's on-site rules, Huawei USA's access to the Tappy laboratory has been revoked. All Huawei USA employees must return their badges to T-Mobile, with the exception of A.X., who will be the only Huawei USA employee with access to the testing facilities. This is only so Huawei can complete limited testing on in-progress projects.Date: May 2013From: J.Y. (Huawei China engineer)To: ax@huawei, ry@huawei, hl@huaweiSubject: Necessary informationThe engineering team needs more details about the TMO robot:exact specifications, operations and a list of components usedhow it calculates UI response time, shape, diameter and hardness of tiphow it handles force sensors used to support the arm and cameralots of photos and videos of test processDate: May 2013From: A.X. (Huawei USA engineer)To: jy@huaweiSubject: Re: Necessary informationWe'll certainly help if we can; this period is very sensitive. In regards to photos and videos, after TMO gives back our badges, I'll send it back home. No need for home to keep reminding me.Date: May 2013From: engineers@huaweiTo: ax@huawei, jy@huawei, fw@huaweiSubject: Robot armThe xDeviceRobot team needs specs on the arm. Specifically, the diameter of the end tip of the conductor stick.Date: May 2013From: F.W. (Huawei China engineer)To: engineers@huawei, jy@huawei, ax@huaweiSubject: Re: Robot armA.X. was able to remove the robot arm from the laboratory without being detected and I took exact measurements. However, TMO quickly discovered the arm was missing and A.X. was forced to return the part the following day. A.X. told them it was taken by mistake. Our access to the lab has been completely revoked and Huawei USA employees are no longer allowed inside the facility unsupervised.I've attached detailed measurements of the arm. See pictures for details.tappyarm1.jpgtappyarm2.jpgtappyarm3.jpgtappyarm4.jpgtappyarm5.jpgDate: May 2013From: engineers@huaweiTo: ax@huaweiSubject: exact tip measurementsCan you measure the conductor stick with a caliper device?Date: May 2013From: ax@huaweiTo: engineers@huaweiSubject: Re: exact tip measurementsF.W. has already sent the pictures home.Edit (14 Feb 2020):Huawei pleads not guilty to federal charges of stealing trade secrets from T-Mobile, trial set for 2020Huawei has pleaded not guilty to federal charges of stealing trade secrets from T-Mobile. A jury trial has been set for March 2, 2020, before Chief Judge Ricardo S. Martinez of the U.S. District Court in the State of Washington. The long wait for the beginning of the trial is due to the complexity of the case and the large of volume of evidence collection that will be required.The 10 charges against Huawei include theft of trade secrets, wire fraud and obstruction of justice.

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