Good morning Chairman Thompson, Ranking Member Rogers, and members of the committee. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, WORKERS COMPENSATION ATTORNEY - Hartford, CT, Offering an Opportunity of a Lifetime for Personal Injury Lawyers, What Does Your Business Agreement Really Mean? In addition to the threat posed by foreign influence, the FBI is also concerned about foreign investment by hostile nation states. 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. 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. A recent Hoover Institution-Asia Society report offered a number of recommendations with respect to these operations that I endorse, such as promoting transparency and disclosure around Confucius Institutes and increasing the due diligence universities apply to grants and gifts from Chinese sources. Russian government spies are behind hacking campaign that breached U.S Over the last five years, I compiled and analyzed 274 cases of Chinese espionage that have occurred since the year 2000. 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. 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. Unusual work hours Figure 2: Chinese Organizational Clusters Committing Espionage. 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 venues for prosecution show where the target company or organization was located (see Figure 3.) NPR's Leila Fadel talks to Rachel Ziemba of the Center for a New American Security about sanctions which have failed to dramatically weaken Russia's economy, and its ability t By 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. Foreign Intelligence Surveillance Court (FISC) - EPIC 951 to pursue conduct outside the context of traditional espionage. Do not leave equipment unattended, in hotel safes or left in vehicles. There have also been questions about how to limit hacking back so that a company engaged in hacking back is subject to appropriate U.S. government supervision and does not either intentionally or inadvertently escalate the situation. It is probably not a coincidence that FBI also arrested Mr. Chaoqun Ji, a PRC national in Chicago, on espionage related charges. U.S. companies continue to need to make major investments in hardening their defenses against cyber threats and to train employees to be vigilant against Chinese espionage. Failure to report may result in Judicial and/or Administrative Action The IT threat to the U.S. has expanded from sophisticated, externally directed FTO plots to include individual attacks carried out by HVEs who are inspired by designated terrorist organizations. Members of the Committee may have seen recent press reports about marketing firms and hedge funds buying cell phone location data showing the near-real time locations of tens of millions of Americans going about their daily routines. I was glad to see President Trump and Chinese President Xi agree to 90 days of trade talks when they met two weeks ago at the G20 summit. Simply put, if a country is continually trying to collect information on specific components of the F-35 aircraft, it is because it lacks the required information for its planned purposes. The Obama administration issued two Executive Orders, E.O. Failure to report may result in disciplinary action. Uncovering Chinese Espionage in the US - The Diplomat Almost two years ago, I established the Foreign Influence Task Force (FITF) to identify and counteract malign foreign influence operations targeting the United States. The FITF is also working with international partners to exchange intelligence and strategies for combating what is a shared threat. As Australias military ties with the U.S. deepen, the Top End becomes even more vital to Australian security. A 2018 National Counterintelligence and Security Center (NCSC) report on foreign economic espionage in cyberspace stated that in addition to China, Russia and Iran were engaging in significant cyber-enabled economic espionage activities. The new era of counterintelligence must shift focus to the gray zone 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. The 1986 Computer Fraud and Abuse Act (CFAA) makes it illegal for Americans to access a computer without authorization. This report presents initial findings from analysis of 274 documented cases of Chinese worldwide espionage since the year 2000. traditional espionage activity includes foreign government In these cases, persons conducted agent recruitment, tasking, communications, and data transfer openly, with no significant attempt to hide the activity. The poor performance in oversight and case management is possibly due to the highly politicized nature (CCP management) of Chinese intelligence. 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. These techniques were used approximately one-third of the time. Terminating employment Espionage - an overview | ScienceDirect Topics Spies might seem like a throwback to earlier days of world wars and cold wars, but they are more common than everand they are targeting our nations most valuable secrets. Economic Espionage Act - an overview | ScienceDirect Topics Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Hostile actors conducting cyber espionage can target the government, military, business and individuals. When divided into the aforementioned categories (Espionage, Economic Espionage, ITAR, EAR, Covert Action) the 274 espionage cases show the percentages of operations as follows (Figure 1.). Attempting to gain access, without need-to-know Second, we are focused on information and intelligence-sharing. Asia, Southeast I will address three issues in my testimony before you this morning. 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 . Traditional espionage (18 USC 792-799): The practice of spying or using spies to obtain information about the plans and activities of a foreign government. This represents a new and different threat to Americas long-term leadership and must be addressed forcefully. Media is waiting where a sensitive DoD program will be tested. A number of countries have mounted aggressive economic espionage campaigns here that vacuum up advanced United States Intelligence & Espionage. Crime and terrorist activity are an ever- present threat to our Nation. Lastly, in 27 cases, roughly 9 percent of the total, case officers and/or agents displayed a more sophisticated level of tradecraft. Chinas defense industry is working to develop a comparable engine. The recent attacks in Texas and California underscore the continued threat posed by domestic violent extremists and perpetrators of hate crimes. Take time to use secure communications equipment DOJ officials initially touted one such law, the Foreign Agents Registration Act (FARA), 22 U.S.C. 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. We expect this trend to continue. Figure 4: Adapted from Office of the Director of National Intelligence. : the practice of spying or using spies to obtain information about the plans and activities especially of a foreign government or a competing company industrial espionage Synonyms spying See all Synonyms & Antonyms in Thesaurus Example Sentences Sixty-three people were killed and thousands injured. Persons subject to the UCMJ may be subject to punitive action Foreign power activity or knowledge which is inconsistent with the expected norm that suggests that foreign powers have knowledge of U.S. National Security. This would let China determine exactly where government officials and corporate executives work, where they spend the night, what doctors they visit, and their travels, among other informationall of which would provide valuable information to Chinese spies and companies. 4 Impact of Cyber Espionage. 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. We must build toward the future so that we are prepared to deal with the threats we will face at home and abroad and understand how those threats may be connected. Non-DoD civilians may face sanctions. 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. 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. These types of activities represent an assault against core American values in a bid to stifle legitimate and necessary debate about China. Copyright 2023 ALM Global, LLC. Enjoying this article? Provide non-descript answers 10. All Rights Reserved. Foreign states are generally equipped to conduct the most damaging cyber espionage and computer network attacks. 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. 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 . 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. While continued counterterrorism pressure has degraded the groups Afghanistan-Pakistan senior leadership, in the near term, al Qaeda is more likely to focus on building its international affiliates and supporting small-scale, readily achievable attacks in key regions such as east and west Africa. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. State-owned enterprises are also engaged in espionage. traditional espionage activity includes foreign governmentbuddy foster now. Based on an actual case, the video illustrates how one company was targeted by foreign actors and what the FBI did to help. There is a near equal distribution of espionage activities between the four major organizational clusters. Foreign Intelligence Threats - Traditional Activity Traditional activity Forgoing intelligence entities operating out of: Embassies Consulates Universities Trade missions Insider Spies (Insider Threat) Foreign Intelligence Threats Non-Traditional Activity Foreign government-sponsored commercial enterprises International trafficking organizations Solicitation and marketing of services Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. The person may. Foreign intelligence entity (FIE) is defined in DoD Directives 5240.06 as "any known or suspected foreign organization, person or group (public, private, or government) that conducts intelligence activities to acquire U.S. systems and programs. Revelations of broad-ranging Russian efforts to influence the 2016 presidential election, which resulted in criminal charges against multiple Russian intelligence officers brought by special counsel Robert Mueller, focused attention on criminal laws designed to prohibit the activities of foreign agents in the United States. Once established, the foreign intelligence officer makes an offer to help the target with his problems. On a daily basis, these actors seek to steal our state secrets, our trade secrets, our technology, and the most intimate data about our citizensthings of incredible value to all of us and of great importance to the conduct of our government business and our national security. ), LTG Anthony R. "Tony" Ierardi, USA (Ret. We must seek out new technologies and solutions for the problems that exist today as well as those that are on the horizon. Traditional espionage, often characterized by career foreign intelligence officers acting as diplomats or ordinary citizens, and asymmetric espionage, typically carried out by students, researchers, or businesspeople operating front companies, is prevalent. Be observant - note as much as possible and the person asking questions DoD personnel who suspect a coworker of possible espionage should, Report directly to your CI or Security Office, Cyber vulnerabilities to DoD Systems may include, Disgruntled or Co-opted employee Recent high-profile announcements such as the Marriott hotel companys acknowledgement last week that cyber intruders had accessed the personal information of 500 million customers bring home the fact that despite billions of dollars of corporate investment in cybersecurity in recent years, many corporate networks remain all too vulnerable. Responding to Chinas unconventional espionage threat will require a whole-of-society approach, not just a whole-of-government approach. Emily Kilcrease & Michael Frazer. What is Intelligence? - dni.gov Proposals to allow hacking back are controversial because it is often difficult for a hacking victim to conclusively identify a hacker and there is concern that companies could hack back against an innocent party that was not actually involved in the original hacking. U.S. Embassy Individual U.S. government agencies understand that increasing investment is the most important element to maintaining Americas technological edge. New espionage offences - GOV.UK Preventing terrorist attacks remains the FBIs top priority. The IC remains focused on the missions of cyber intelligence . The Impact of Chinese Espionage on the United States The Espionage Act was amended in 1940 to increase the penalties it imposed, and again in 1970. 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. Any company with a proprietary product, process, or idea can be a target. Espionage - Wikipedia 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. 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 . 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. conducting illegal covert or clandestine acts at the direction of, or for the benefit of, a foreign government or entity. Many foreign terrorist organizations use various digital communication platforms to reach individuals they believe may be susceptible and sympathetic to violent terrorist messages. An adversary uses technical countermeasures to block a previously undisclosed or classified U.S. intercept technology. Top 10 Cases Of Espionage Against The US - Toptenz.net 2023 Diplomat Media Inc. All Rights Reserved. Second, Congress should study ways to expand prohibitions on the import into the U.S. of items made with stolen U.S. IP, and the Trump Administration should work with allies to keep such products out of foreign markets. frequent questionable foreign travel In a major coup, this past October Justice for the first time managed to extradite a suspected Chinese spy from a third country to the U.S. to face trial for his involvement in stealing U.S. trade secrets. The US crackdown on Chinese economic espionage is a mess. We have the The U.S. government has steadily increased its response to the threat of Chinas unconventional espionage. Trust your instincts Our second option allows you to build your bundle and strategically select the content that pertains to your needs. But government tools must also be an important part of the U.S. government response. First order effects of China's espionage include the impact on the U.S. economy through loss of intellectual property. Foreign intelligence services continue to employ more creative and more sophisticated methods to steal innovative technology, critical research and development data, and intellectual property, in an effort to erode Americas economic leading edge. Only 10% of Russian spy operations in Europe uncovered, says former MI6 For example, the Trump Administration and this Congress have taken action to restrict the use of Chinese-made network equipment in U.S. telecommunications networks over concern that such equipment could facilitate Chinese espionage in the U.S. Virtually every national security threat and crime problem the FBI faces is cyber-based or facilitated. 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. China has expanded its espionage efforts considerably over the last 20 years. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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.

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