Freedom is knowing the country is behind you

The FBI has arrested Wanying “Heather” Zhang, a California real-estate agent who US authorities allege acted at the direction of the Chinese government to surveil and photograph President William Lai’s (賴清德) eldest son and his family.

She is accused of collecting information such as their home address, vehicles and license plate numbers. If the allegations are proven true, it would be transnational repression, something that democratic societies must confront.

The incident has drawn much attention, because it involves Lai’s family, but what is concerning is not simply who was being followed. The issue is whether Taiwanese abroad can be free from surveillance and threats with political motives. Today, it was the president’s family; tomorrow, it could be government officials, businesspeople, academics, international students or even ordinary Taiwanese.

Taiwanese should not be afforded different levels of safety based on their status. Condemnations from the Presidential Office, the Mainland Affairs Council and the Ministry of Foreign Affairs are entirely appropriate. If the government fails to express its stance in the face of cross-border actions that threaten the safety of citizens, the other side could take advantage of its tolerance.

However, condemnation should not be the end of the matter, but a starting point for institutional reform. The US investigation is being carried out under US law; it is not simply acting to protect the Taiwanese government. If a foreign government uses agents to secretly carry out operations and collect information on people in the US, its law enforcement agencies should uphold the rule of law and protect national security. This is a reminder to Taiwan that national security threats do not necessarily involve spies exchanging secrets, as depicted in movies. It could be as little as a person watching someone’s home, or a single cellphone.

Taiwan should establish reporting mechanisms for citizens abroad who are targeted by surveillance or threats, bolster the exchange of security information with democratic partners, and review whether laws are adequate to effectively prevent and hold foreign actors accountable for illegal surveillance, harassment and intimidation. The harm caused by transnational repression is not just that someone is following you; it also has a chilling effect — making people fear that their families could become entangled, and being afraid to speak out, participate in public affairs or live their lives freely.

The difference between democracy and authoritarianism can sometimes be as simple as being able to walk down the street without constantly looking over your shoulder. What Taiwan needs is not louder condemnation, but for every citizen to know that, whether at home or abroad, whenever their freedom is unlawfully threatened, the nation has the institutions, channels and capacity to stand behind them.

Chen Ching-yun is a former director of the Legislative Yuan’s Bureau of Legal Affairs.