This collapses the continuum of the rule of law into a false binary. Americans and foreigners alike can successfully challenge the U.S. government in independent courts. None of those elements exist in China.
This seems like pretending there is nuance that there simply isn't. The system is a charade around the reality that US intelligence has virtually identical inroads to US corporations.
While FISA courts are technically under the judicial branch, I agree they’re an affront to the rule of law. Most cases don’t go through the FISA courts, however. In China, everything goes through the equivalent of a FISA court. (Arguable worse, since China’s courts report to the party.)