First order effects of China's espionage include the impact on the U.S. economy through loss of intellectual property. 9. Broadly speaking, the government response can be divided into three parts: encouraging better defense; prosecuting spies; and increasing costs in an effort to punish and deter unconventional spying. The US government has taken a range of measures to counter Chinese espionage and protect American interests. Contact with international terrorist The IC remains focused on the missions of cyber intelligence . Crime and terrorist activity are an ever- present threat to our Nation. Foreign influence operationswhich may include covert actions by foreign governments to influence U.S. policy decisions, political sentiment or public discourseare not a new problem. Does anyone need to know? 13757 (2016) that authorize the Treasury Department to impose sanctions on entities that engage in various forms of cyber hacking and on companies that steal trade secrets or other high-value IP via cyber-enabled means, or which benefit from such stolen IP. In recent years, prolific use of social media by FTOs has greatly enhanced their ability to disseminate messages. Viruses They would also generally restrict those companies ability to sell products based on stolen IP not only to the United States, but also to other countries around the world. It is time for Pakistans political and military establishment to wake up and reconcile with the fact that they cant negotiate their way to peace. I do not want to overstate the risk: the vast majority of research collaboration benefits the U.S. And the U.S. benefits from the world-class students and researchers we are able to attract to the U.S., many of whomif they can get visas to stayhelp found and build cutting edge companies in the U.S. These diverse threats underscore the complexity and breadth of the FBIs mission: to protect the American people and uphold the Constitution of the United States. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Espionage. Just $5 a month. Our nation continues to face a multitude of serious and evolving threats ranging from homegrown violent extremists (HVEs) to cyber criminals to hostile foreign intelligence services and operatives. The FBIs affidavit describes luring Xu to Belgium to illegally purchase General Electric commercial aviation technology. The SCA would require such reports to include "an evaluation" of foreign government assisted "malign influence or espionage activities" directed at IHEs "aimed at obtaining research and development methods or secrets related to critical technologies." The government must also provide a description of the information sought and the places or facilities that will be searched. If you feel you are being solicited for information, which of the following should you do? The second major U.S. government response has been increasingly aggressive Justice Department efforts to prosecute Chinese spies. The 1986 Computer Fraud and Abuse Act (CFAA) makes it illegal for Americans to access a computer without authorization. For example, China and Chinese companies have repeatedly paid off corporate insiders at U.S. and western companies to simply walk out the door with high-value trade secrets. Such tactics make coordination with all of our partners, including international law enforcement partners, essential. The third major line of response has been to increase costs to China over its espionage program and to take action against specific Chinese companies that engage in and/or profit from unconventional espionage. In the developing phase the foreign intelligence officer attempts to establish a close relationship with the target. These malign activities can include assassinations, kidnappings and disinformation operations, alongside traditional espionage activities, but with far more aggressive use of proxies: Think of . U.S. Military or government site Death, Theft of Trade Secrets for a Foreign Govenment, Penalty for individual Freeway overpasses shuddered and collapsed, swallowing cars like a sandpit. The statistics show Chinese private companies adopt an aggressive posture in conducting economic espionage activities, resulting in 60 cases prosecuted just in the United States. The wide variance in sophistication of espionage tradecraft implies the idea of Islands of Excellence (see Figure 6) meaning China employs espionage tradecraft with varying degrees of sophistication and effectiveness. U.S. Embassy Economic Espionage Act of 1996. The International Trade Commission (ITC) has authority under Section 337 to investigate claims that an import uses stolen U.S. IP and to exclude infringing products, and has excluded a number of Chinese products in recent years. These foreign competitors deliberately target economic intelligence in advanced technologies and successful U.S. industries. These include increased scrutiny of Chinese investments in key sectors, stricter. Share sensitive information only on official, secure websites. This represents a new and different threat to Americas long-term leadership and must be addressed forcefully. Most of Chinas espionage activities are not traditional espionage, yet they are having a profoundimpact on Americas economic wellbeing, national security, and potentially our political and governance processes. Second, I will assess the policy responses that the U.S. has pursued to date to respond to this threat. Asia, Asia ISIS is not the only terrorist group of concern. Taking classified material home, illegal downloads, unreported contact with foreign nationals. Any other statement in column 2 has effect according to its terms. The Department of Justice has even indicted Chinese spies for stealing strategy information from a U.S. labor union that strongly opposed Chinese trade practices. Advertisement. The target is now hooked. Cyber espionage: Russian state-sponsored groups have been implicated in a range of cyber espionage activities against Ukraine, including stealing sensitive government and military data, intellectual property, and other confidential information. In recent years we have broadly seen two types of Chinese espionage targeting U.S. colleges and universities. Economic espionage activities . Share on Twitter Twitter The Department of Justice has in recent years indicted numerous Chinese spies, hackers, and companies for their involvement in stealing U.S. IP. g. The South Korean and U.S. militaries are preparing to conduct two exercises: Freedom Shield, a computer-simulated training, and Warrior Shield FTX, large-scale joint field training. As the threat to harm the United States and U.S. interests evolves, we must adapt and confront these challenges, relying heavily on the strength of our federal, state, local, and international partnerships. This Committee and the Congress as a whole should consider legislative reforms to expand the reach of FARA or to adopt other disclosure legislation that would ensure that Chinese activities related to universities and other non-profits are fully subject to public disclosure requirements. First, I will offer an assessment of aspects of the threat. There is a wide variance in what the media, public, and U.S. legal codes define as espionage. Four U.S. statutes and administrative regulations encompass those definitions: For the purposes of this study, all the aforementioned legal definitions of criminal acts are categorized as espionage. This espionage definition considers media and common public usage, and similarities in the acts, i.e. Chairman Thompson, Ranking Member Rogers, and members of the committee, thank you again for this opportunity to discuss the FBIs efforts to combat the myriad of threats it faces. Our adversary seeks to expand its Emily Kilcrease & Michael Frazer. What Joseph L. Rini Knows, Attorney Rachel Y. Marshall A Pillar of Strength for the Community, SpotDraft Raises $26 Million in Series A Funding for AI-Powered Legal Software, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. Any company with a proprietary product, process, or idea can be a target. On the military side, the Peoples Liberation Army (PLA) General Staff Headquarters, Second Department is responsible for collecting military information, including related foreign technology. Beginning under President Obama and continuing under President Trump, the Department of Homeland Security (DHS) has launched programs to encourage the private sector to harden defenses. Each of these technologies is identified as apriority requirementin Chinas State Council2015 strategic plan Made in China 2025.. Traditional espionage, often characterized by career foreign intelligence officers acting as diplomats or ordinary citizens, and asymmetric espionage, typically carried out by students,. If the United States does not continue to make and expand R&D here in the U.S., China will eventually overtake our technological edge, regardless of how effective we are at preventing China from stealing, buying, or otherwise acquiring U.S. IP. Unauthorized access to information systems. Chinese entities conducting espionage include government agencies, the military, state- owned enterprises (SOEs), private companies/individuals, and select universities. Chinas information objectives are focused in priority sectors and technologies. China is pursuing a whole-of-society approach to its technological capabilities that includes purchasing innovative companies through overseas investments, requiring western companies to transfer cutting edge technologies to China as a condition of market access, providing vast state resources to finance domestic technological development, and financing training for top Chinese students and researchers overseas and paying a hefty premium to attract talent back to China. But the reality is that China also engages in economic espionage using a wide range more traditional of techniques, many of which have been publicly identified over the past several years by U.S. corporate disclosures, researchers, published U.S. government reports, and Department of Justice prosecutions of suspected Chinese spies. Cyber threat actors have also increasingly conducted ransomware attacks against U.S. systems, encrypting data and rendering systems unusablethereby victimizing individuals, businesses, and even emergency service and public health providers. It is seen by many who enter messaging apps and participate in social networks. The Director of National Intelligence report, Foreign Economic Espionage in Cyberspace (2018) identifies key industries and technologies that are frequent targets of foreign espionage. We have also been confronting a surge in terrorist propaganda and training available via the Internet and social media. We expect this trend to continue. FBI agents, analysts, and computer scientists are using technical capabilities and traditional investigative techniquessuch as sources, court- authorized electronic surveillance, physical surveillance, and forensicsto counter these threats. Reviews of the 2015 agreement have been mixed. I would add that U.S. universities should also increase the scrutiny of their collaborative research projects with Chinese institutions and researchers to make sure that U.S. institutions are not inadvertently facilitating the transfer of proprietary and/or sensitive technology and expertise to China, while continuing to engage in legitimate and positive research collaborations. The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. Most widely reported these days are attempts by adversarieshoping to reach a wide swath of Americans covertly from outside the United Statesto use false personas and fabricated stories on social media platforms to discredit U.S. individuals and institutions. Sri Lankas default highlights the dangers of relying on international sovereign bonds with high interest rates to fund development. Cyber espionage (cyberespionage) is a form of cyber attack that is carried out against a competitive company or government entity. The term APT is commonly used in reference to the cyber threat posed by foreign intelligence services, or hackers working on behalf of such entities, but is not limited just to this and can equally be applied to other threat actors such as organized crime syndicates and those involved in traditional espionage. The Administration and Congress should also look for ways to make these kinds of tools multilateral, working with foreign governments to ensure that foreign countries do not import products made with stolen U.S. IP and that the U.S. does not import products made with stolen foreign IP. The first of these is espionage targeting cutting edge research and technologies being developed by U.S. universities, including technology that has U.S. military applications. U.S. policymakers however, have rightly sought to aggressively deter and punish Chinese espionage intended to steal trade secrets and other IP from the U.S. private sector that is then transferred to Chinese companies for commercial advantage, and to crack down on other forms of unconventional espionage that threaten Americas technological, economic, and military edge. Over the last year, the FBI has met with top social media and technology companies several times, provided them with classified briefings, and shared specific threat indicators and account information, so they can better monitor their own platforms. But targeted sanctions against Chinese entities engaged in economic espionage or benefiting from stolen U.S. IP would send a powerful deterrent against such activities. Share sensitive information only on official, secure websites. Only a tenth of Russian spy operations in Europe have been uncovered, according to the former MI6 boss Sir John Sawers, after it emerged that the two men accused of carrying out the Salisbury . Over four years after the project was announced, updates remain scarce on China's first nuclear icebreaker. The FBI uses all lawful investigative techniques and methods to combat these terrorist threats to the United States. Espionage operations have expanded dramatically, increasing in the number of operations, personnel, government and SOEs, and foreign targets sets. But universities do need to take appropriate precautions to ensure that China is not able to use academic collaboration to steal U.S. intellectual property or engage in other activities that might harm U.S. national security. Private companies (and individuals) are most likely to employ no or minimal tradecraft. WASHINGTON - Russian government hackers breached the Treasury and Commerce departments, along with other U.S. government agencies, as part of a global espionage campaign that stretches back months . While India would like the current phase of stability at the LoC to continue, it has little incentive to try to make a grand gesture toward peace with Pakistan. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Recent ISIS videos and propaganda have specifically advocated for attacks against soldiers, law enforcement, and intelligence community personnel. Failure to report may result in Judicial and/or Administrative Action 951 to pursue conduct outside the context of traditional espionage. An adversary is able to anticipate DoD plans and activities. A .gov website belongs to an official government organization in the United States. Any individual or spy ring (a cooperating group of spies), in the service of a government, company, criminal organization, or independent operation, can commit espionage. Zach Cooper at AEI published a report on Chinas cyber strategy this past fall that compiled dozens of examples of the kinds of information China tries to steal. The bottom line is that if there is information out there that China thinks is of value, the odds are that China has or will try to steal it. This button displays the currently selected search type. 20 Espionage falls The FBI is the lead agency for exposing, preventing, and investigating intelligence activities in the U.S. Because much of todays spying is accomplished by data theft from computer networks, espionage is quickly becoming cyber-based. 3488, enacted October 11, 1996 deals with industrial espionage (e.g., the theft or misappropriation of a trade secret and the National Information Infrastructure Protection Act) and four other areas of action that Congress deemed appropriate and the United States Sentencing Commission reports regarding encryption or . Failure to report may result in disciplinary action. Information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons or their agents or international terrorist organizations. Power, Crossroads Similarly, CFIUS should ensure that if the Chinese government has stolen or attempted to steal U.S. technology, no Chinese company should be able to acquire a U.S. company that designs or makes the technology that China attempted to steal. In addition, whether located at home or abroad, many cyber actors are obfuscating their identities and obscuring their activity by using combinations of leased and compromised infrastructure in domestic and foreign jurisdictions. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! China has also tried to hack think tanks to understand policy and think tank engagement with government officials. Good morning Chairman Thompson, Ranking Member Rogers, and members of the committee. DOJ has also faced repeated setbacks in its prosecution in the Eastern District of Virginia of Bijan Rafiekian, former business partner of Trumps National Security Advisor Michael Flynn, accused of acting as an illegal agent of the Turkish government in an effort to obtain the extradition of a Turkish dissident. Concurrent with this growth, foreign direct investment (FDI) in the U.S. has increasingly become a national security concern, as hostile nations leverage FDI to buy U.S. assets that will advance their intelligence, military, technology, and economic goals at the expense of U.S. national security. Defense, China Sometimes pressure is even applied by Chinas security services on the family members of those students it finds speaking out in unacceptable ways back in China.. Analysis reveals several other interesting data points on the application of tradecraft. Although the Obama administration never sanctioned any Chinese individuals or companies using these authorities, it did use the potent threat of sanctions, as well as criminal prosecutions and significant high-level diplomatic engagement, to convince China to enter into a 2015 agreement in which Chinese President Xi agreed that China would not knowingly support cyber-enabled theft intellectual property for commercial gain. Even putting aside general issues of individual privacy, from an espionage perspective this kind of data can be a gold-mine, especially when combined with other data that the Chinese have access to. Browsing international terrorist websites, Everyone is required to report all FIE threats Prepare in advance To combat the threat at home, the FBI established the Domestic Terrorism-Hate Crimes Fusion Cell in spring 2019. Never answer questions you feel uncomfortable Click here to subscribe for full access. The FITF is also working with international partners to exchange intelligence and strategies for combating what is a shared threat. Senior administration officials made clear prior to President Trumps recent trade policy-focused meeting with Chinese President Xi that reductions in IP theft are a major administration priority, and reductions in Chinese IP theft should be a be a major U.S. demand in the U.S.-China trade negotiations that will occur over the next three months. Unexplained or undue affluence ), LTG Anthony R. "Tony" Ierardi, USA (Ret. Be observant Practice Communications Security Responding to Chinas unconventional espionage threat will require a whole-of-society approach, not just a whole-of-government approach. Figure 2: Chinese Organizational Clusters Committing Espionage. There has also been a large rise in Section 337 investigations. Congress passed the CFAA to prohibit hacking, but the law also prohibits hacking back in which victims of cyber espionage and other hacking take active steps to interfere with the hackers computers. However, the threat posed by terrorismboth international terrorism (IT) and domestic violent extremismhas evolved significantly since 9/11. The EEA covers both theft of trade secrets, which can benefit any outside entity that does not own the intellectual property, and economic espionage, which has additional burden of proof. Therefore, when it comes to national security, it is vital that the men and women of our national intelligence community collect reliable domestic and foreign intelligence information involving criminal, clandestine and warlike activity.
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