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Figure 1: Categories of Chinese Espionage. Traditional espionage encompasses a government's efforts to acquire clandestinely classified or otherwise protected information from a foreign government. Intelligence & Espionage | U.S. Government Bookstore Unexplained affluence Advocating violence for terrorist organization ), Next Generation National Security Fellows, The Shawn Brimley Next Generation National Security Leaders Fellowship, Joseph S. Nye, Jr. National Security Internship and Mentoring Program, 2022 CNAS National Security Conference: Security in the Balance, Sanctions by the Numbers: SDN, CMIC, and Entity List Designations on China, Since Russia Invaded Ukraine, Allies Levied More Than 11,000 Sanctions on Russia, Calling Check: Technology Competition with China. 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. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? I appreciate your continued support and look forward to answering any questions you might have. Foreign intelligence Entities seldom use elicitation to extract information from people who have access to classified or sensitive information. Individual U.S. government agencies understand that increasing investment is the most important element to maintaining Americas technological edge. Foreign intelligence services not only seek our nations state and military secrets, but they also target commercial trade secrets, research and development, and intellectual property, as well as insider information from the federal government, U.S. corporations, and American universities. For U.S. government leaders, I offer five specific recommendations: First, the Trump administration should expand the use of U.S. legal authorities to target companies that engage in and/or benefit from economic espionage: Both the Chinese government and individual Chinese companies need to understand that economic espionage carries costs, not just benefits. Collection methods of operation frequently used by Foreign Intelligence Entities (FIE) to collect information from DoD on the critical technology being produced within the cleared defense contractor facilities we support include, Unsolicited requests for information As members of the Senate know, over the summer, Congress enacted the Foreign Investment Risk Review Modernization Act (FIRRMA), which overhauled the CFIUS review process for foreign investments in the United States. Contact Us| Sanctions are more of a marathon than a sprint, and the long-term picture looks much more promising than the short-term one. By collecting intelligence for a terrorist organization 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. The nation faces a continuing threat, both traditional and asymmetric, from hostile foreign intelligence agencies. Those include going after terrorists and spies, including in cyberspace, countering foreign malign influence, enforcing our export controls and sanctions laws, and reviewing foreign investments in U.S. companies. With the broad distribution of social media, terrorists can spot, assess, recruit, and radicalize vulnerable persons of all ages in the U.S. either to travel to foreign lands or to conduct an attack on the homeland. 'Not A Spy In The Traditional Sense:' How The Butina Case Lifted The China-Based Customers Conducting Espionage Activities. I urge the government to continue its existing lines of effort, including continuing to ensure that U.S. telecommunications networks are robustly defended against Chinese unconventional espionage and to continue aggressively prosecuting Chinas espionage efforts. But China is investing billions of dollars in its own technological prowess and can draw on the expertise of millions of Chinese engineers and scientists who have studied at top universities globally. Second, we are focused on information and intelligence-sharing. 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. Traditional espionage encompasses a government's efforts to acquire clandestinely classified or otherwise protected information from a foreign government. Us, Write Counterintelligence is defined in Executive Order 12333, as amended, is "information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations or foreign persons, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations or forgiven persons, or international terrorist activities. American policymakers should continue to distinguish between Chinas economic espionage and more traditional spying targeting U.S. government agencies, defense contractors, and other parts of the national security establishment. 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.. ISIS is not the only terrorist group of concern. For most daily Internet uses, the hidden world of international cyber espionage may seem too distant to be of any real importance. In 2017 and 2018, suspected China-linked hackers have targeted U.S. firms operating in sectors including cloud computing, artificial intelligence, internet connected devices, biotechnology, energy, robotics, transportation, agricultural machinery and other agricultural technology, and high-end medical devices. Similarly, even as the U.S. increases pressure on Chinas unconventional espionage, we should make sure that we do not inadvertently shut down or prevent valuable academic study, research and development, and other activities that benefit the U.S. For example, the U.S. derives major benefits from the hundreds of thousands of highly-skilled foreigners, including from China, who come to the U.S. to study, to work, and to start businesses. In addition, the same erratic performance by recruited agents illustrates nonstandardized agent training, protocols, and practices. Don't miss the crucial news and insights you need to make informed legal decisions. 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. SOE espionage activities show a wide variance in tradecraft. However, other influence operations may include targeting U.S. officials and other U.S. persons through traditional intelligence tradecraft; criminal efforts to suppress voting and provide illegal campaign financing; concealing efforts to influence U.S. government activities, cyber attacks against voting infrastructure, along with computer intrusions targeting elected officials and others; and a whole slew of other kinds of influence, like both overtly and covertly manipulating news stories, spreading disinformation, leveraging economic resources, and escalating divisive issues. Concealing foreign travel Based on an actual case, The Company Man: Protecting Americas Secrets illustrates how one U.S. company was targeted by foreign spies and how that company worked with the FBI to bring the perpetrators to justice. China is unlikely to significantly curb its espionage efforts, as they provide a cost-efficient means to expand the economy, advance research and development, project military power, and meet Chinas stated goal to become a world power. 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 . These illicit activities pose a significant threat to national security and continue to be a priority and focus of the FBI. China orders companies to step up monitoring of foreigners in anti Chinese entities conducting espionage include government agencies, the military, state- owned enterprises (SOEs), private companies/individuals, and select universities. - ENFORCEMENT OF FEDERAL ESPIONAGE LAWS - GovInfo traditional espionage activity includes foreign government Chinese agents have also physically broken in to U.S. corporate offices. Top Famous, Dangerous, and Active APT Groups who can Turn - Medium 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. The goal of these foreign influence operations directed against the United States is to spread disinformation, sow discord, push foreign nations policy agendas, and ultimately undermine confidence in our democratic institutions and values. Do not leave equipment unattended, in hotel safes or left in vehicles. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. A number of countries have mounted aggressive economic espionage campaigns here that vacuum up advanced United States Be observant The recent acquittal in the Eastern District of New York of Thomas Barrack, a longtime friend and ally of former President Donald Trump, who was accused of acting as an unlawful agent of the UAE to influence Trumps decision-making, is only the latest example of the DOJs difficulties successfully prosecuting cases of non-traditional foreign influence in U.S. affairs. These information objectives are also tied to national defense and economic priorities. We take all potential threats to public and private sector systems seriously and will continue to investigate and hold accountable those who pose a threat in cyberspace. The act of securing information of a military or political nature that a competing nation holds secret. The threats posed by foreign fighters, including those recruited from the U.S., are very dynamic. Judges, journalists and veterans targeted in 'unprecedented' spy threat To date these authorities have been deployed against individuals and companies from Russia and Iran in response to cyberattacks, but have yet to be deployed against Chinese entities engaged in or benefiting from economic espionage or other cyberattacks against the U.S. United States v. Franklin, Rosen, and Weissman was an early 21st century court case from the United States District Court for the Eastern District of Virginia.The government prosecuted one Department of Defense employee (Franklin) and two lobbyists (Rosen & Weissman) for the American Israel Public Affairs Committee (AIPAC) for allegedly disclosing national defense information to persons 'not . The initiative will prioritize cases of Chinese economic espionage and ensure that they are appropriately resourced. , Statement Before the House Homeland Security Committee. Now, more than eight years since the climax of the Cold War, the threat of industrial and economic espionage has percolated once again to the forefront, and the tools of the intelligence collector . The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. When it comes to economic espionage, it is important to keep in mind that espionage is but one element in a broader Chinese strategy to modernize its economy and to promote China as the world leader in a range of technologies that will be critical to both economic and military power in the years ahead. This report presents initial findings from analysis of 274 documented cases of Chinese worldwide espionage since the year 2000. Contact with international terrorist At a minimum, there is no indication that the CCP or Chinese government have taken any measures to impede the illegal activities (illegal in the United States) of their state corporations and citizens. As part of a nationwide campaign to raise awareness of the growing economic espionage threat, the FBI has released a short video, "The Company Man: Protecting Americas Secrets." This has taken several forms. An adversary is able to anticipate DoD plans and activities. Reportable International Terrorism Contacts, Activities, Indicators, and Behaviors include. CI-21 proposes significant changes in the way the United States government approaches, and organizes itself to meet, the threat of foreign espionage and intelligence gathering. However, the threat posed by terrorismboth international terrorism (IT) and domestic violent extremismhas evolved significantly since 9/11. Failure to report may result in disciplinary action. I the Handling phase the foreign intelligence officer will instruct the target on specific information needed. Terms of Service. U.S. Military or government site Your responsibility to report. Unexplained or undue affluence frequent questionable foreign travel Our adversariesterrorists, foreign intelligence services, and criminalstake advantage of modern technology to hide their communications; recruit followers; and plan, conduct, and encourage espionage, cyber attacks, or terrorism to disperse information on different methods to attack the U.S. homeland and to facilitate other illegal activities. And getting access to this information would not even really be espionage as we typically think of it--the Chinese could simply set up a front company to buy the data commercially. 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. Peter Harrell. Good morning Chairman Thompson, Ranking Member Rogers, and members of the committee. Cyber threats are not only increasing in size and scope, but are also becoming increasingly difficult and resource-intensive to investigate. China has expanded its espionage efforts considerably over the last 20 years. Center for a New American Security (en-US), Constructing Regional Partnerships and Seizing Emerging Opportunities, General Mike Holmes, U.S. Air Force (Ret. Our adversary seeks to expand its Journalists, military veterans, and judicial figures are being targeted by foreign espionage agencies at "unprecedented" levels, with the country's intelligence chief revealing a "hive of spies . Congress enacted the Espionage Act on June 15, 1917, two months after the U.S. entered World War I, to stifle dissent of U.S. involvement in the war. Is there an need to share? Lastly, in 27 cases, roughly 9 percent of the total, case officers and/or agents displayed a more sophisticated level of tradecraft. License our industry-leading legal content to extend your thought leadership and build your brand. An official website of the United States government. Reviews of the 2015 agreement have been mixed. 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. The second major U.S. government response has been increasingly aggressive Justice Department efforts to prosecute Chinese spies. Each of these technologies is identified as apriority requirementin Chinas State Council2015 strategic plan Made in China 2025.. westminster cathedral choir school mumsnet; junior deacon duties opening lodge; . It can involve the analysis of diplomatic reports, publications, statistics, and broadcasts, as well as spying, a clandestine activity carried out by an individual or individuals working under secret identity to gather classified information on behalf of another entity or nation. The winners will be those who break the old rules of the spy game and work out new ones. 20 Espionage falls I will address three issues in my testimony before you this morning. Customer Service| This is a significant transformation from the terrorist threat our nation faced a decade ago. Disgruntled The FITF is also working with international partners to exchange intelligence and strategies for combating what is a shared threat. More deaths were caused by domestic violent extremists than international terrorists in recent years. Spies from 20 foreign intelligence agencies, including Nato allies such as France and Germany, are attempting to steal Britain's most sensitive secrets. Fortunately, efforts here in Congress, including by Chairman Grassley and other members of this Committee, have drawn public attention to this issue, and Assistant Attorney General Demers and the Department of Justice have significantly expanded FARA enforcement. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Solicitation and marketing of services Simultaneously, over the last year, propaganda from al Qaeda leaders seeks to inspire individuals to conduct their own attacks in the U.S. and the West. The Company Man: Protecting Americas Secrets, Economic Espionage: Protecting America's Trade Secrets, The Insider Threat: An Introduction to Detecting and Deterring and Insider Spy, Intellectual Property Protection: Safeguard Your Company's Trade Secrets, Proprietary Information, and Research, Safety and Security for the Business Professional Traveling Abroad, Safety and Security for U.S. Students Traveling Abroad, Higher Education and National Security: The Targeting of Sensitive, Proprietary, and Classified Information on Campuses of Higher Education, Best Practices in Supply Chain Risk Management for the U.S. Government, Two U.S. Citizens Arrested for Illegally Exporting Technology to Russia, Civil Forfeiture Complaint Filed Against Six Luxury Real Estate Properties Involved in Sanctions Evasion and Money Laundering, Russian National Charged with Supplying U.S. Technology to the Russian and North Korean Governments, Corrected: Four Florida Men Arrested in Plot to Kill Haitian President, Grand Jury Returns Indictment Against 11, U.S. Citizen Sentenced to 30 Months in Prison for Conspiring to Provide Electronic Equipment and Technology to the Government of Iran, Associate of Sanctioned Oligarch Indicted for Sanctions Evasion and Money Laundering, Chinese National Sentenced to Eight Years in Prison for Acting Within the U.S. as an Unregistered Agent of the Peoples Republic of China, Former Special Agent in Charge of the FBI New York Counterintelligence Division Charged with Violating U.S. Sanctions on Russia, FBI.gov is an official site of the U.S. Department of Justice, Protect the secrets of the U.S. Intelligence Community, Protect the nations critical assets, like our advanced technologies and sensitive information in the defense, intelligence, economic, financial, public health, and science and technology sectors, Keep weapons of mass destruction from falling into the wrong hands. Enjoying this article? Defense, China We're looking at $200 billion to. Crime and terrorist activity are an ever- present threat to our Nation. The governing Chinese Communist Party (CCP) uses government, quasi-government, academic, and commercial entities as mechanisms to conduct all forms f espionage abroad. This week Emily Kilcrease, director of the Energy, Economics, and Security program at CNAS, joins The Asia Chessboard podcast from CSIS for a wide ranging discussion on the i By Just last month, a new law reorganized the cyber security operations of DHS in order to improve their effectiveness, including establishing DHSs Cybersecurity and Infrastructure Security Agency. Such tactics make coordination with all of our partners, including international law enforcement partners, essential. Nation-State Cyber Espionage and its Impacts - Washington University in Such crimes are not limited to the United States and, with the aid of Internet like-minded hate groups, can reach across borders. The first is economic espionage, which is intended to provide China with commercial advantage over U.S. firms. Media is waiting where a sensitive DoD program will be tested. National Security Legislation Amendment (Espionage and Foreign Despite their territorial defeat in Iraq and Syria, ISIS remains relentless and ruthless in its campaign of violence against the West and has aggressively promoted its hateful message, attracting like-minded violent extremists. We also handle intelligence operations and oversight. The Committee looks . Sanctions need to be deployed carefully to avoid unintended consequences and, at least initially, should be used only against egregious violators. These activities support a national concerted effort to expand Chinas economic and security interests. The Director of National Intelligence report, Foreign Economic Espionage in Cyberspace (2018) identifies key industries and technologies that are frequent targets of foreign espionage. The most persistent threats to the nation and to U.S. interests abroad are homegrown violent extremists (HVEs), domestic violent extremists, and foreign terrorist organizations (FTOs). Cyber | MI5 - The Security Service Hacking back proposals would need to be carefully tailored to mitigate potential unintended consequences and to protect innocent parties, and the risks need to be carefully evaluated. Figure 6: Espionage Tradecraft Techniques by Specific PRC Entities. Canada Can Learn From Australia on Addressing Foreign Interference In modern day, it's been used against those . But the FBI is doing its part by providing actionable intelligence to better enable the private sector to address abuse of their platforms by foreign actors. As part of this process, the FBI provides input and analysis to the National Intelligence Council within eight days of a CFIUS filing and a risk assessment to the Department of Justice within 30 days of a CFIUS filing. I will focus my remarks on two aspects of Chinas unconventional espionage threat. Doreign officials reveal details they should not have known. Intelligence and Espionage in the 21st Century We need to keep efforts that target Chinas espionage laser-focused on the small percentage of individuals and entities engaged in illicit behavior. Espionage, as that term is traditionally used, involves trained intelligence professionals traditional espionage activity includes foreign government The U.S. government has also worked to sharply limit the deployment of Chinese technology and equipment here in the U.S. that China could potentially use to facilitate its unconventional espionage in the years ahead. Rethinking Espionage in the Modern Era | Chicago Journal of The attack was attributed to Russian hackers and caused an estimated $10 billion in damages. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Several high-level conclusions can be drawn from the cases representing the last 20 years of Chinese espionage operations. We will continue working to identify individuals who seek to join the ranks of foreign fighters traveling in support of ISIS, those foreign fighters who may attempt to return to the United States, and HVEs who may aspire to attack the United States from within. In these cases no (23 cases) or minimal tradecraft (21 cases) was employed. We remain concerned that groups such as the Islamic State of Iraq and ash-Sham (ISIS) and al Qaeda have the intent to carry out large-scale attacks in the U.S. There is also a national construct in place (however redundant) to ensure intelligence information objectives are satisfied by collecting foreign information and technology. As a result of the Foreign Investment Risk Review Modernization Act, which was enacted last year, the FBI anticipates its workload to increase dramatically. As members of this Committee know, for many years the Department of Justice expended too little energy enforcing FARA, resulting in an explosion both here in Washington and across the country of unregistered agents working on behalf of foreign governments. Introduction Traditional espionage, often characterized by career foreign intelligence officers acting as diplomats or ordinary citizens, and asymmetric espionage, typically carried out by students,. But China is by far the most active practitioner of economic espionage today. We live in a time of acute and persistent terrorist and criminal threats to our national security, our economy, and indeed our communities. No Thanks Our Team Account subscription service is for legal teams of four or more attorneys. Victims of Chinas espionage efforts include major defense and aerospace companies, pharmaceutical firms, technology research companies, manufacturers, and universities.