The Supreme Art of War, on Subduing the Enemy without Fighting: Defending Defense Supply Chain Against Foreign Adversaries by Taking Proactive Measures to Enforce §889(a)(1)(B) of the Fiscal Year 2019 National Defense Authorization Act

This article examines the enforcement of §889(a)(1)(B) of the Fiscal Year 2019 National Defense Authorization Act, the provision barring covered telecommunications and video surveillance equipment from foreign adversaries in the defense supply chain. The author, Major Jungmoo Lee, situates the provision against Chinese state-sponsored cyber espionage, including the Hafnium group's hacking of Microsoft Exchange servers, as evidence of the threat such equipment restrictions are meant to address.

Lee argues that current enforcement tools are inadequate, examining the False Claims Act's limitations in policing Section 889 violations and calling for a proactive, multi-domain approach to enforcement rather than reactive litigation after a breach has occurred.