Buyers, beware: UN Arms Trade Treaty will regulate individual gun ownership

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  An activist from Amnesty, wearing a mask of U.S. President Barack Obama, holds flowers during a campaign in Seoul, South Korea, ahead of negotiations of the U.N. Arms Trade Treaty in New York, Monday, March 18, 2013. The activists demanded to stop selling weapons to corporate human rights abusers. (AP Photo/Lee Jin-man)

The U.N.'s Arms Trade Treaty, which seemed dead last July, is beginning to wrap up negotiations.  The Obama administration is committed to getting it passed . Secretary of State John Kerry confirmed: “The United States is steadfast in its commitment to achieve a strong and effective Arms Trade Treaty."

The treaty was resurrected on Nov. 8 – the very day after President Obama’s re-election. Very conveniently, that the Obama administration delayed the U.N. vote in favor of renewing negotiations delayed until the president was no longer constrained by public opinion.

The Arms Trade Treaty will regulate individual gun ownership all across the world. Each country will be obligated to “maintain a national control list that shall include [rifles and handguns]” and "to regulate brokering taking place under its jurisdiction for conventional arms.”  In fact, the new background check rules approved by the Senate Judiciary Committee include just those rules -- a registration system and a record of all transfers of guns.

The treaty pretends that individual weapons smugglers are the main problem.

But nations themselves will be responsible for enforcing the rules. That means Iran, China, Russia – the leading countries for the truly troubling parts of the international arms trade – are supposed to curb it.  Does anyone actually believe these nations will actually enforce these regulations against themselves?  

Democracies are a different story.  Many of their civilians have freedoms to lose. And they are much more transparent on whether they are actually honoring the rules that apply to their governments.

Just like with gun control, in general, it is only the “good guys” who will obey the new rules. The U.N. Arms Trade Treaty, if passed, would only be effective against those countries that choose to obey them.

The treaty pretends that individual weapons smugglers are the main problem. But governments, not private individuals, are the primary source of weapons. For example, the FARC guerrillas fighting in Colombia get their guns from the Venezuelan government.

Unsurprisingly, the U.N. treaty provisions are the long-time favorites of American gun control advocates: registration and licensing of guns and ammunition, along with restrictions on the private gun transfers. Unfortunately, these expensive measures have a long history of failing to curb crime wherever they have been tried and primarily end up disarming law-abiding gun owners.

The treaty pushes gun registration and licensing as a way to trace those who supply these illicit weapons. Yet, to see the problem with these regulations, one only needs to look at how ineffective they have been in solving crime. Canada just ended its long gun registry last year, as it was a colossal waste of money.

Indeed, it is a costly scheme. Beginning in 1998, Canadians spent a whopping $2.7 billion on creating and running a registry just for long guns. With more people and more guns in the United States, the estimated costs for a similar registration scheme for 13 years would be about $67 billion.

Gun control advocates have long claimed registration is a safety issue. Their reasoning is straightforward: If a gun is left at a crime scene, and it was registered to the person who committed the crime, the registry will link it back to the criminal.  

Unfortunately, it rarely works out this way. Criminals are seldom stupid enough to leave behind crime guns that are registered to themselves.

As to restrictions on the private transfers of guns, the most common type of regulation discussed in the U.S. today involves background checks. Yet, whether one is talking about the Brady Act or the so-called gun show loophole, economists and criminologists who have looked at this simply don’t find evidence those regulations reduce crime.  It may even increase crime, as fewer would-be victims acquire guns. Unfortunately, just like criminal gangs in the U.S. obtaining guns, it is simply wishful thinking that a United Nations treaty – no matter how well intended – can do much to stop rebel groups from getting weapons.

Obama likes to believe that his re-election gives him a mandate for sweeping changes. Well, he certainly lacks a mandate for these new gun restrictions, as he tried so hard to avoid the U.N. treaty until after the election.

The good news is that even if President Obama signs the U.N. Arms Trade Treaty, it is unlikely to be ratified by the US Senate. Nonetheless, by promoting gun control elsewhere in the world, it might eventually lead to more pressure for gun control here at home.

John R. Lott, Jr. is a  FoxNews.com contributor. An economist and former chief economist at the United States Sentencing Commission, he is also a leading expert on guns. He is the author of several books, including "More Guns, Less Crime." His latest book is "At the Brink: Will Obama Push Us Over the Edge? (Regnery Publishing 2013)." Follow him on Twitter@johnrlottjr.

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White House announces anti-theft trade strategy following alleged China hacking

The Obama administration announced a broad new effort Wednesday to fight the growing theft of American trade secrets following fresh evidence linking cyberstealing to China's military. 

The plan includes a new diplomatic push to discourage intellectual property theft abroad along with better coordination at home to help U.S. companies protect themselves. The administration says indications are that economic espionage is increasing, not only through electronic intrusion over the Internet but also through the recruitment of former employees of U.S. companies with knowledge of inside trade information. 

"Trade secret theft threatens American businesses, undermines national security and places the security of the U.S. economy in jeopardy," said a report from the White House. "These acts also diminish U.S. export prospects around the globe and put American jobs at risk." 

Earlier this week, a suburban cybersecurity firm, Mandiant, accused a secret Chinese military unit in Shanghai of years of cyberattacks against more than 140 U.S. companies. The accusations and supporting evidence increased pressure on the United States to take more action against the Chinese for what experts say has been years of systematic espionage. 

The Chinese government denied being involved in cybertheft, with China's defense minister calling the Mandiant report deeply flawed. China's Foreign Ministry said that country has also been a victim of hacking, much of it traced to the United States. 

Wednesday's Obama administration report did not specifically target any one violator, but the China problem is evident in the case studies it cited. Those examples did not involve cyberattacks, but rather the theft of hundreds of millions of dollars in trade secrets by former employees of U.S. corporations including Ford Motor Co., DuPont Co., General Motors Corp., Cargill, Dow Chemical Co., Valspar and Motorola. 

President Barack Obama signed an executive order last week aimed at helping protect the computer networks of American industries from cyberattacks. It called for the development of voluntary standards to protect the computer systems that run critical sectors of the economy such as the banking, power and transportation industries. It directed U.S. defense and intelligence agencies to share classified threat data with those companies. 

He also prodded Congress during his State of the Union address to go further. 

"Now, Congress must act as well by passing legislation to give our government a greater capacity to secure our networks and deter attacks," Obama said. 

The president said America's enemies are "seeking the ability to sabotage our power grid, our financial institutions and our air traffic control systems. We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy." 

The new report was short on specific consequences for trade secret theft, with no new fines or other trade actions announced. It included five actions to protect American innovation: 

-- Applying diplomatic pressure by senior officials to foreign leaders to discourage theft. 

-- Promoting best practices to help industries protect against theft. 

-- Enhancing U.S. law enforcement operations to increase investigations and prosecutions. 

-- Reviewing U.S. laws to determine if they need to be strengthened to protect against theft. 

-- Beginning a public awareness campaign.

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Obama administration considering fines, trade penalties for cybertheft

WASHINGTON –  The Obama administration is developing more aggressive responses to the theft of U.S. government data and corporate trade secrets on the heels of a report that claimed the Chinese army is behind a series of cyberattacks on U.S. companies.

A report being released Wednesday considers fines and other trade actions against China or any other country guilty of cyber-espionage. Officials familiar with the administration's plans spoke on condition of anonymity because they were not authorized to speak publicly about the threatened action.

The Chinese government denies being involved in the cyberattacks cited in a cybersecurity firm's analysis of breaches that compromised more than 140 companies. On Wednesday, China's Defense Ministry called the report deeply flawed.

Mandiant, a Virginia-based cybersecurity firm, released a torrent of details Monday that tied a secret Chinese military unit in Shanghai to years of cyberattacks against U.S. companies. Mandiant concluded that the breaches can be linked to the People's Liberation Army's Unit 61398.

Military experts believe the unit is part of the People's Liberation Army's cybercommand, which is under the direct authority of the General Staff Department, China's version of the Joint Chiefs of Staff. As such, its activities would be likely to be authorized at the highest levels of China's military.

U.S. officials would not comment directly on the report Monday. But they said the U.S. is bulking up its cyber-defenses while stressing a new -- albeit controversial -- White House executive order aimed at improving the nation's ability to defend against cyberattacks.

State Department spokeswoman Victoria Nuland and White House Press Secretary Jay Carney said U.S. officials have started a dialogue with the "highest levels" of the Chinese government, including with "officials in the military."

"It is a major challenge for us in the national security arena," Carney said Monday, adding that it is known that foreign countries and companies "swipe" sensitive U.S. information.

The release of the Mandiant report, complete with details on three of the alleged hackers and photographs of one of the military unit's buildings in Shanghai, makes public what U.S. authorities have said less publicly for years. But it also increases the pressure on the U.S. to take more forceful action against the Chinese for what experts say has been years of systematic espionage.

"If the Chinese government flew planes into our airspace, our planes would escort them away. If it happened two, three or four times, the president would be on the phone and there would be threats of retaliation," said Shawn Henry, former FBI executive assistant director. "This is happening thousands of times a day. There needs to be some definition of where the red line is and what the repercussions would be."

Henry, the president of the security firm CrowdStrike, said that rather than tell companies to increase their cybersecurity, the government needs to focus more on how to deter the hackers and the nations that are backing them.

James Lewis, a cybersecurity expert at the Center for Strategic and International Studies, said that in the past year the White House has been taking a serious look at responding to China. "This will be the year they will put more pressure on, even while realizing it will be hard for the Chinese to change. There's not an on-off switch," Lewis said.

In denying involvement in the cyberattacks tracked by Mandiant, China's Foreign Ministry said China too has been a victim of hacking, some of it traced to the U.S. Foreign Ministry spokesman Hong Lei cited a report by an agency under the Ministry of Information Technology and Industry that said that in 2012 alone foreign hackers used viruses and other malicious software to seize control of 1,400 computers in China and 38,000 websites.

"Among the above attacks, those from the U.S. numbered the most," Hong said at a daily media briefing, lodging the most specific allegations the Chinese government has made about foreign hacking.

Cybersecurity experts say U.S. authorities do not conduct similar attacks or steal data from Chinese companies but acknowledge that intelligence agencies routinely spy on other countries.

China is clearly a target of interest, said Lewis, noting that the U.S. would be interested in Beijing's military policies, such as any plans for action against Taiwan or Japan.

In its report, Mandiant said it traced the hacking back to a neighborhood in the outskirts of Shanghai that includes a white 12-story office building run by the army's Unit 61398.

Mandiant said there are only two viable conclusions about the involvement of the Chinese military in the cyberattacks: Either Unit 61398 is responsible for the persistent attacks, or they are being done by a secret organization of Chinese speakers, with direct access to the Shanghai telecommunications infrastructure, who are engaged in a multi-year espionage campaign being run right outside the military unit's gates.

"In a state that rigorously monitors Internet use, it is highly unlikely that the Chinese government is unaware of an attack group that operates from the Pudong New Area of Shanghai," the Mandiant report said, concluding that the only way the group could function is with the "full knowledge and cooperation" of the Beijing government.

The unit "has systematically stolen hundreds of terabytes of data from at least 141 organizations," Mandiant wrote. A terabyte is 1,000 gigabytes. The most popular version of the new iPhone 5, for example, has 16 gigabytes of space, while the more expensive iPads have as much as 64 gigabytes of space. The U.S. Library of Congress' 2006-10 Twitter archive of about 170 billion tweets totals 133.2 terabytes.

The Associated Press and Fox News' Barnini Chakraborty contributed to this report.

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