Design Policies

The US Congress, through the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) took action on Cybersecurity by banning the procurement or use of specifically component suppliers that are used in some video camera products that could be, or are deployed, in US Government-related video collaboration systems.

VDO360 has long been a leader in the development of advanced technology cameras and peripheral products to serve the Unified Communication and Collaboration market. We have established OEM and ODM relationships with many vendors in many markets. We are also very cognizant of this supply chain and the individual Bill of Materials that are included in all of our devices. We are stating that, currently, we have no products that are excluded by the NDAA.

Cybersecurity is a top concern for many involved in the UCC industry, this includes VDO360, its customers, distributors, and system integrator partners. The US Government is the entity to satisfy the when it comes to the cybersecurity of UCC infrastructure and peripheral products.

Some in the industry have expressed confusion as to the scope of the NDAA ban; the ban is related to named companies (NDAA Section 889,3, B), not the country of origin (manufacturing location) of video collaboration products or components. In other words, this is not a Trade Authorization Act enforcement.

On Aug 13, 2018, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (US Government
appropriations and procurement) was signed into U.S. Law. https://www.congress.gov/bill/115th-congress/housebill/5515/text

Section 889 contains many of the relevant provisions.
https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-4350A53097BD46409287451A50C4F397

The Act includes video collaboration equipment under the “covered telecommunications equipment” definition and calls out specific vendors, cameras, and components which are expressly forbidden for use in US Government-related video collaboration deployments.

(3) COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. —The term “covered telecommunications
equipment or services” means any of the following:

(A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(B) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(C) Telecommunications or video surveillance services provided by such entities or using such equipment.

(D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

It should also be understood the NDAA ban extends to other manufacturers or vendors if the video cameras and systems are offered under another manufacturer’s brand name typical of OEM, ODM and JDM relationships (Section 889, a1, A and B).

The NDAA ban also includes “essential component of any system” and “critical technology as part of the system” from the named manufacturers. VDO360 and others in the industry believe that the ban extends to the System on a Chip (SoC), which includes embedded processor circuitry capable of executing software commands, frequently used in various video collaboration cameras and the proliferation of “AI” devices. Thus, these SoCs from specifically named vendors (HiSilicon/Huawei in particular) are subject to Cybersecurity concern and are banned as well.

The NDAA (Section 889, 3c) effective date also calls for the removal of any banned but pre-existing cameras or systems that may already be deployed in US Government entities / infrastructure effective one year from the signing of the Act (this would be effective August 13, 2019). A waiver may be applied for to allow additional time for product removal.

(c) Effective Dates. —The prohibition under subsection (a)(1)(A) shall take effect one year after the date of the enactment of this Act, and the prohibitions under subsections (a)(1)(B) and (b)(1) shall take effect two years after the date of the enactment of this Act.

(d) Waiver Authority. —

(1) EXECUTIVE AGENCIES. —The head of an executive agency may, on a one-time basis, waive the requirements under subsection (a) with respect to an entity that requests such a waiver. The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the
entity seeking the waiver—

(A) provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the executive agency; and

(B) submits to the head of the executive agency, who shall not later than 30 days thereafter submit to the appropriate congressional committees, a full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from the entity’s systems.

(2) DIRECTOR OF NATIONAL INTELLIGENCE. —The Director of National Intelligence may provide a waiver on a date later than the effective dates described in subsection (c) if the Director determines the waiver is in the national security interests of the United States.

We at VDO360 share this concern for Cybersecurity and are here to provide products that fully comply with this Act.

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