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Former National Security Agency Director Keith Alexander has called Chinas IP theft greatest transfer of wealth in history. And as the 2018 NCSC report noted, the threat is growing due to expanded cloud-based computer networks and the internet of things (the home appliances, cars, and other things that will be connected to the internet)--which, according to the NCSC will create an incalculably larger exploitation space for cyber threat actors., Casual discussions of Chinese economic espionage often focus on high-end cyber intrusions into U.S. corporate networks. In nearly 25 percent of cases, individuals employed encryption for communications and/or hosted meetings in China to avoid detection by U.S. law enforcement. I left the Members with what I thought was an ominous warning: Do something about this now or youll be calling me back in 20 years screaming: My God, how did this happen? Well, they never called me back, but if recent FBI arrests are any indication, the problem has gotten worse a lot worse. Based on an actual case, the video illustrates how one company was targeted by foreign actors and what the FBI did to help. 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. In modern day, it's been used against those . 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. Share on Twitter Twitter On October 30, 2018 the U.S. Department of Justice announced the indictment of 10 Chinese intelligence officers and cyber hackers from the Ministry of State Security (MSS), Chinas main civilian espionage organization. This represents a new and different threat to Americas long-term leadership and must be addressed forcefully. 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. 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. We continue to encourage information sharing, which is evidenced through our partnerships with many federal, state, local, and tribal agencies assigned to Joint Terrorism Task Forces around the country. Cyber Attacks, Potential espionage indicators (PEIs) are activities by an individual who may have volunteered or been recruited by a foreign entity as a writing espionage agent. The term includes foreign intelligence and security services and international terrorist. This has taken several forms. The term includes foreign intelligence and security services, international terrorists, As the committee is well aware, the frequency and severity of malicious cyber activity on our nations private sector and government networks have increased dramatically in the past decade when measured by the amount of corporate data stolen or deleted, the volume of personally identifiable information compromised, or the remediation costs incurred by U.S. victims. Law Offices of Gary Martin Hays & Associates 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. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. Defense, China Department of Justice indictments and private sector reports in recent years have accused Chinese hackers of breaking into the corporate networks of U.S. and western companies including defense contractors, non-profits, semiconductor firms, healthcare companies, industrial manufacturers, aerospace companies, media companies, solar companies, and electronics companies, among others. We need to keep efforts that target Chinas espionage laser-focused on the small percentage of individuals and entities engaged in illicit behavior. DOJ used FARA to prosecute former Trump campaign chair Paul Manafort and Trump fundraiser Elliott Broidy, and in its unsuccessful prosecution of former Obama White House Counsel Gregory Craig for his alleged lobbying efforts on behalf of Ukraine stemming from his private practice legal work. Crime and terrorist activity are an ever- present threat to our Nation. 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. It is absolutely essential to stop Chinese unconventional espionage. Persons subject to the UCMJ may be subject to punitive action DoD Personnel should report to their CI Element, supporting MSCO or commander. 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. Rachel Ziemba. The poor performance in oversight and case management is possibly due to the highly politicized nature (CCP management) of Chinese intelligence. P.C. In these cases no (23 cases) or minimal tradecraft (21 cases) was employed. Despite the statutes broad language, the DOJ has faced significant hurdles in pursuing 951 prosecutions outside the traditional espionage context, and particularly where the alleged foreign agents activity involves ostensibly legitimate international business dealings. Failure to report may result in disciplinary action. Any other statement in column 2 has effect according to its terms. Us, Write Terminating employment 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. https://www.law.com/newyorklawjournal/2022/12/07/setbacks-prosecuting-trump-allies-highlight-challenges-in-foreign-influence-cases/. Espionage activities correlated to their sponsoring organization (the customer receiving the information or technology) showed four distinct clusters of Chinese organizations engaging in espionage. In addition to FTOs, domestic violent extremists collectively pose a steady threat of violence and economic harm to the United States. 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. 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 There are 150,000 SOEs in China, 50,000 of which are owned by the central government and include aerospace and defense companies, research institutes, technology transfer organizations. 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 Committee looks . 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 text in bold (see Figure 4) reflects multiple, concerted attempts by China to secure specific U.S. critical technologies. In addition to these Executive Branch actions, companies and Congress have played an important role in Americas response. by a rival foreign government. The goal of cyber espionage, which may also be referred to as cyber spying, is to provide the attacker with information that gives them advantages over competing companies or governments. As Australias military ties with the U.S. deepen, the Top End becomes even more vital to Australian security. The Trump administration should also continue deploying regulatory tools such as the October Commerce Department Action against Fujian Jinhua to impose real costs on Chinese companies that seek to benefit from economic espionage. Don't miss the crucial news and insights you need to make informed legal decisions. Intercepts of cell phones or wireless signals, 1. These can number in the thousands and reflect the organizations knowledge gaps. 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. Such tactics make coordination with all of our partners, including international law enforcement partners, essential. These individuals are FTO-inspired individuals who are in the U.S., have been radicalized primarily in the U.S., and are not receiving individualized direction from FTOs. Lastly, Chinas espionage activities continue unabated despite a large number of arrests, public exposure, and most recently, U.S. trade sanctions. Taking short trips. There is also a national construct in place (however redundant) to ensure intelligence information objectives are satisfied by collecting foreign information and technology. The Australian Security Intelligence Organisation's detailed public threat assessments could be a model for Canada's spy service on explaining the elements of foreign interference, added Wesley. Share sensitive information only on official, secure websites. U.S. Federal law enforcement office Unsurprisingly, China is also targeting sectors critical to U.S. military dominance, like aerospace, according to a recent indictment. 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 Espionage Act was amended in 1940 to increase the penalties it imposed, and again in 1970. 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. Finally, the investments we make at home to maintain Americas technological edge are ultimately going to be more important than the steps we take to stop Chinas theft of American IP. Almost 25 percent of cases target commercial interests. While the U.S. government and defense contractors must continue to harden their defenses against Chinese espionage and the U.S. government must work aggressively to root out, expel, and prosecute Chinese spies, the framework for addressing this kind of espionage is well developed. In addition to implementing sanctions on appropriate Chinese targets under these existing Executive Orders, the Trump administration and Congress should examine whether the sanctions authorities are legally adequate as currently drafted or whether they should be broadened to cover the full range of Chinese unconventional espionage threats. I appreciate your continued support and look forward to answering any questions you might have. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. The U.S. government has steadily increased its response to the threat of Chinas unconventional espionage. ), 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. westminster cathedral choir school mumsnet; junior deacon duties opening lodge; . In its recent stepped-up enforcement efforts against foreign influence in American politics, the DOJ has faced some high-profile setbacks when it has sought to use the broad reach of 18 U.S.C. 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. The United States charged the group with stealing airline engine technology from French and U.S. companies. We're looking at $200 billion to. Botnets used by cyber criminals have been responsible for billions of dollars in damages over the past several years. The Trump administration has also begun to deploy targeted trade measures against Chinese beneficiaries of IP theft. In recent years a number of members of Congress have introduced legislation that would amend the CFAA to authorize hacking back by victim companies under certain circumstances. 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. U.S. Military or government site If Beijing sees no path to a cooperative economic relationship with Washington and instead believes that it will face mounting U.S. pressure regardless of any concessions Beijing may offer, Beijing will have little incentive to curb its efforts to steal U.S. technology. The FBIs affidavit describes luring Xu to Belgium to illegally purchase General Electric commercial aviation technology. Do not use personal commercial computers or cell phones for sensitive or classified matters.. especially at a foreign establishment. 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. Be observant The target is now hooked. ISIS is not the only terrorist group of concern. Of course, China is neither the first nor the only foreign government to use its intelligence services to promote commercial interests. Espionage. A lock () or https:// means you've safely connected to the .gov website. Private companies (and individuals) are most likely to employ no or minimal tradecraft. 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. Second, we are focused on information and intelligence-sharing. Spies from 20 foreign intelligence agencies, including Nato allies such as France and Germany, are attempting to steal Britain's most sensitive secrets. 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. departments and their authorities in a long-term, whole-of-government effort to raise the costs of bad behavior and advance the Administration's national security strategy. Asia, Central The Obama administration issued two Executive Orders, E.O. Death, Theft of Trade Secrets for a Foreign Govenment, Penalty for individual First order effects of China's espionage include the impact on the U.S. economy through loss of intellectual property. APT41 has been active since as early as 2012. For the United States, the problem is not these recent cases. In the Assessing phase the foreign intelligence officer will look for exploitable weaknesses such as: alcohol abuse, drug use, extramarital affairs, gambling or other financial problems. conduct intelligence activities to acquire information about the United States, block or impair intelligence collection by the U.S. Government, influence United States policy, or disrupt systems and programs owned or operated by or within the United States. I the Handling phase the foreign intelligence officer will instruct the target on specific information needed. 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 . 2023 Center for a New American Security (en-US). For physical searches, the government must show that the place to be searched contains "foreign intelligence information" and that it is used, owned, or possessed by an agent of a foreign power or a foreign power. New Delhi has distanced itself from a controversial and unequal deal between Adani Power and the Bangladesh Power Development Board. As a recent report by the Hoover Institution and the Asia Society put it, Chinese-backed associations on American campuses can provide a ready channel or entry point for the political departments of Chinas embassy and consulates in the US to gather information and coordinate action. 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. 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. Unauthorized access to information systems. Asia, Southeast The intelligence officer may begin by accessing the corporate web page to identify candidates to target via emails or social engineering. In closing, I would like to offer two general thoughts. 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. 20 Espionage falls Growing Mineola firm with national practice seeks associate (with 3-6 years experience) to handle complex general liability matters.Competit CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! But universities risk being fertile place for this kind of espionage, given the open, international, and collaborative nature of most university research and universities legitimate interest in encouraging international collaboration. This initiative will also work to use tools like the Foreign Agent Registration Act (FARA) to require better disclosure of Chinese activities across the United States. 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. Section 951 encompasses any activity by an "agent of a foreign government," which is defined as "an individual who agrees to operate within the United States subject to the direction or. The FITF is uniquely positioned to combat this threat. Provide non-descript answers These include increased scrutiny of Chinese investments in key sectors, stricter. Acts of espionage and foreign interference can put Canada at a disadvantage, enabling foreign countries and organizations to further their own strategic interests, at Canada's expense. : 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 Advocating support for terrorist organizations But this is not just an election-cycle threat. Espionage Act said the need for the Act to apply everywhere was prompted by Irvin C Scarbeck, a State Department official who was charged with yielding to blackmail threats in Poland. The governing Chinese Communist Party (CCP) uses government, quasi-government, academic, and commercial entities as mechanisms to conduct all forms f espionage abroad. 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 Trump administration should also expand these efforts by deploying the sanctions authorities under E.O.s 13757 and 13694, which authorize Treasury to sanction people, companies, and entities that engage in a cyber-enabled espionage and other cyberattacks. Our adversaries are continuously trying to undermine our country, whether it is election season or not. Up to life imprisonment Over four years after the project was announced, updates remain scarce on China's first nuclear icebreaker. The Trump administration has expanded U.S. government efforts to impose costs on China over its economic espionage. The minimal application of tradecraft is expected, as these cases typically do not involve professional intelligence operatives (either case officers or agents). Along with our domestic and foreign partners, we are collecting and analyzing intelligence concerning the ongoing threat posed by foreign terrorist organizations and homegrown violent extremists. The recent attacks in Texas and California underscore the continued threat posed by domestic violent extremists and perpetrators of hate crimes. 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. The Committee on Foreign Investment in the U.S. (CFIUS), an Executive Branch committee chaired by the Department of Treasury, was statutorily created to address potential risks to U.S. national security resulting from foreign acquisitions or mergers with U.S. companies. Get briefed on the story of the week, and developing stories to watch across the Asia-Pacific. When in doubt, report it, See something say something Foreign Intelligence Threats - Traditional Activity. Anything that doesn't fit the pattern could be an indicator of espionage This was often the case in illegal export of military technology, source code, large-scale agricultural and industrial production and manufacturing techniques. As a result of the Foreign Investment Risk Review Modernization Act, which was enacted last year, the FBI anticipates its workload to increase dramatically. An adversary conducts activities with precision that indicates prior knowledge. Taking classified material home 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 In approximately 60 cases I reviewed, Chinese companies or individuals were acting unilaterally for commercial benefit only. As I said earlier, I commend the work of the Department of Justice, the FBI, the Department of Homeland Security, USTR and other federal agencies to address Chinas unconventional espionage threat. 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. Never answer questions you feel uncomfortable The first is economic espionage, which is intended to provide China with commercial advantage over U.S. firms. We, along with our law enforcement partners, face significant challenges in identifying and disrupting HVEs. This initiative is a welcome step and I commend the Justice Department and the National Security Division for launching it. Chinas preeminent civilian intelligence agency is the Guojia Anquan Bu, or Ministry of State Security (MSS). Foreign espionage strikes at the heart of U.S. national security, impacting political, military and economic arenas. Intelligence & Espionage. Freeway overpasses shuddered and collapsed, swallowing cars like a sandpit. The FBI uses all lawful investigative techniques and methods to combat these terrorist threats to the United States. They seek to hold our critical infrastructure at risk, to harm our economy and to constrain our free speech. FIRRMA provides important new tools for the U.S. government to screen potential foreign investments in the U.S. for national security risks. Email Email. Figure 6: Espionage Tradecraft Techniques by Specific PRC Entities. Take time to use secure communications equipment Providing financial support to terrorist organization However, cases attributed to the Ministry of State Security show an astounding nine cases where case officers and recruited agents demonstrated no discernible tradecraft. The category of traditional espionage can be seen at 18 percent; but is considerably lower when Taiwan is removed as a PRC intelligence target. 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.