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. 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. 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. 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. 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. westminster cathedral choir school mumsnet; junior deacon duties opening lodge; . Solicitation and marketing of services 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. Figure 4: Adapted from Office of the Director of National Intelligence. Additionally, the DSN shall instruct NOAA staff and employees to report suspicious activities involving the foreign national to the DSN who, in turn, shall report them to the servicing security office immediately. Currently there are open investigations with a foreign influence nexus spanning FBI field offices across the country. Such tactics make coordination with all of our partners, including international law enforcement partners, essential. 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. But China is by far the most active practitioner of economic espionage today. Economic espionage, which is mainly conducted by private companies or individuals, makes up 23.5 percent of cases. In recent years, prolific use of social media by FTOs has greatly enhanced their ability to disseminate messages. No Thanks Failure to report may result in Judicial and/or Administrative Action 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. U.S. intelligence, security, and law enforcement apparatus is just starting, 20 years later, to catch on. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. There is a near equal distribution of espionage activities between the four major organizational clusters. The final aspects of Chinese espionage activities are their use of specific clandestine collection techniques commonly known as espionage tradecraft. Chinese government agencies, SOEs, companies and individuals employ varying levels of sophistication of espionage tradecraft. In 2016 broad bipartisan majorities of Congress passed the Defend Trade Secrets Act, which expanded the rights of U.S. companies to sue Chinese firms and other foreign competitors that steal their IP. Recent prosecutions, however, have relied on 951. II. Share sensitive information only on official, secure websites. The widespread availability of malicious software (malware) that can create botnets allows individuals to leverage the combined bandwidth of thousands, if not millions, of compromised computers, servers, or network-ready devices to disrupt the day-to-day activities of governments, businesses, and individual Americans. Economic espionage activities . As a result of the Foreign Investment Risk Review Modernization Act, which was enacted last year, the FBI anticipates its workload to increase dramatically. The term includes foreign intelligence and security services, international terrorists, Similarly, much of the responsibility for responding to Chinese efforts to infiltrate U.S. academic institutions will fall on those institutions themselves. espionage is described as: the act of obtaining transmitting, communication or receiving information about the national defense with the intent, or reason to believe, that the information may be used to the injury of the U.S. or to the advantage of any foreign nation Power, Crossroads Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. It is a pleasure to be joined by two distinguished co-panelists who will also speak about the threat and I will focus on the aspects of the threat that I am most familiar with: how China uses unconventional, economic espionage as a component part of a comprehensive strategy to promote Chinas own high-tech industries. Distribution of Chinese Espionage Activities in the U.S. Chinas main espionage activities against the United States are focused on the illegal export of military and dual use technology. 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. As a result, the FBI must remain vigilant. 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. 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. 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. Practice Communications Security Last month, under former Attorney General Jeff Sessions, the Department of Justice expanded on several years of increasing prosecutorial efforts by launching an important new initiative to combat Chinese economic espionage, which Assistant Attorney General Demers is leading. DOJ officials initially touted one such law, the Foreign Agents Registration Act (FARA), 22 U.S.C. 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. When in doubt, report it, See something say something The. Unreported contact with foreign nationals Be assured, the FBI continues to strive to work and share information more efficiently, and to pursue a variety of lawful methods to help stay ahead of these threats. Aimed at bolstering the government's arguments, the memo highlights in detail how the FBI identifies the activities of foreigners that would potentially be considered espionage. 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 . Echoing other terrorist groups, ISIS has advocated for lone offender attacks in Western countries. 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. Responding to Chinas unconventional espionage threat will require a whole-of-society approach, not just a whole-of-government approach. Within the FBI, we are focused on the most dangerous malicious cyber activity: high-level intrusions by state-sponsored hackers, global organized crime syndicates, and other technically sophisticated and dangerous actors. Attempting to gain access, without need-to-know Recent ISIS videos and propaganda have specifically advocated for attacks against soldiers, law enforcement, and intelligence community personnel. Peter Harrell. An unprecedented, sustained, and multi-pronged campaign of activity that does not constitute traditional military force or espionage threatens to exert a stealthy and non-attributable influence upon American attitudes toward international affairs at a moment of global crisis. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as "espionage lite," a violation of . In this Nov. 9, 2017, file photo, an American flag is flown next to the Chinese national emblem during a welcome ceremony for visiting U.S. President Donald Trump. Unsurprisingly, China is also targeting sectors critical to U.S. military dominance, like aerospace, according to a recent indictment. Some U.S. companies have also succeeded in obtaining court orders in other countries to prohibit Chinese companies from selling products based on stolen U.S. IP in those markets. But government tools must also be an important part of the U.S. government response. It is absolutely essential to stop Chinese unconventional espionage. 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 only eight cases was there a sophisticated higher level of tradecraft employed. First order effects of China's espionage include the impact on the U.S. economy through loss of intellectual property. Nonchalantly ask questions 951 to pursue conduct outside the context of traditional espionage. These criminals have also increased the sophistication of their schemes, which are more difficult to detect and more resilient to disruption than ever. 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 . Us, Write Rachel Ziemba. Be observant The FBI is the lead agency for exposing, preventing, and investigating intelligence activities in the U.S. Because much of today's spying is accomplished by data theft from computer networks,. 13694 (2015) and E.O. The Obama administration issued two Executive Orders, E.O. Which of the following is an example of an anomaly? Thank you for the opportunity to appear before you today to discuss the current threats to the United States homeland. Fourth, Congress should consider amendments to the Foreign Agents Registration Act (FARA) or other legislation to require better disclosure about Chinese operations in the United States. 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 Take the battery out of cell phones 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. Practice good Operations security Reporting threats to your Facility Security Officer or Supervisor. More than 60 percent of Chinas attempts to illegally export U.S. critical technologies are targeted at military technologies or space systems. The Director of National Intelligence report, Foreign Economic Espionage in Cyberspace (2018) identifies key industries and technologies that are frequent targets of foreign espionage. 2023 Center for a New American Security (en-US). 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." 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. In addition, the same erratic performance by recruited agents illustrates nonstandardized agent training, protocols, and practices. 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. Money, Tokyo Second, we are focused on information and intelligence-sharing. An analysis ofoperational activities reveals a wide range of tradecraft practices (see Figure 5): As illustrated, the most frequently employed elements of tradecraft include using false names or documents to ship information or technology. Emily Kilcrease & Michael Frazer. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? 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. Task force personnel work closely with other U.S. government agencies and international partners concerned about foreign influence efforts aimed at their countries, using three key pillars. China has expanded its espionage efforts considerably over the last 20 years. First, espionage is a segment of the larger intelligence cycle, which in turn describes the sets of activities designed to produce the information necessary for policymakers' decision-making. 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 . The Many Benefits of Reviewing and Updating Bylaws, Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions, Defense Witness Immunity: Time for Supreme Court To Weigh In, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. He recently retired from a 34 year government career that included employment in the CIA, Department of State, and Defense Intelligence Agency. Thank you again for the opportunity to testify today and I look forward to your questions. Lastly, in 27 cases, roughly 9 percent of the total, case officers and/or agents displayed a more sophisticated level of tradecraft. The two use similar language to talk about China, but that doesn't mean their positions are the same. Introduction In addition to its investigative work, the FBI works to raise public awareness and inform industry of the threats they face, through outreach activities. Testimony before the Senate Judiciary Committee, By Share on Facebook Facebook Detailed analysis of these cases provides ample evidence that China is conducting espionage, as well who is responsible, their information objectives, gaps in their knowledge, and operational tradecraft techniques. The PLA was involved in 61 such cases. For guidance on "suspicious activities," refer to the Espionage Indicators Guide (see Appendix A to this Order). Customer Service| We need to keep efforts that target Chinas espionage laser-focused on the small percentage of individuals and entities engaged in illicit behavior. 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. Subscribe The United States charged the group with stealing airline engine technology from French and U.S. companies. The second type of Chinese espionage targeting U.S. colleges and universities has been espionage aimed at intimidating Chinese students and professors critical of Chinese policies, and to a lesser extent American students and academics. The scope of the criminal activity, including evidence of involvement by a foreign government, foreign agent, or foreign instrumentality The degree of economic injury to the trade secret owner The . 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. Chinese agents have also physically broken in to U.S. corporate offices. This report presents initial findings from analysis of 274 documented cases of Chinese worldwide espionage since the year 2000. Almost two years ago, I established the Foreign Influence Task Force (FITF) to identify and counteract malign foreign influence operations targeting the United States. Any company with a proprietary product, process, or idea can be a target. Enjoying this article? 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. Taking classified material home, illegal downloads, unreported contact with foreign nationals. 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. And third, I will offer some recommendations on additional policy responses that the United States should consider going forward. These types of activities represent an assault against core American values in a bid to stifle legitimate and necessary debate about China. In addition to the threat posed by foreign influence, the FBI is also concerned about foreign investment by hostile nation states. For example, U.S. prosecutors have accused Chinese hackers of stealing cost and pricing information from a U.S. solar company, which was probably intended to help Chinese competitors develop their own pricing strategy. 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. U.S. Federal law enforcement office Store information in Secure Facilites Our adversary seeks to expand its The operational details revealed in individual cases implies this phenomenon is due to the following factors: no training program for handlers or recruited assets, differences in the various SOEs, and the variables of espionage targets to include military, space, dual use, or industrial technologies. Any unprotected trade secret can be illegally stolen. However, no group has been as successful at drawing people into its perverse ideology as ISIS, which has proven dangerously competent at employing such tools. 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. In collaboration with the National Counterintelligence and Security Center, the FBI released a short film to educate anyone with a trade secret about how they can protect it. Email Email. Russia and China have been identified as . Together, they make up 54 percent of cases. The poor performance in oversight and case management is possibly due to the highly politicized nature (CCP management) of Chinese intelligence. Illegal downloads. By Barry Black and Jonathan Robert Nelson, Shearman and Hogan Lovells Call Off Merger Talks, Early Reports: 2023 Am Law 200 Financials, Beyond Excess Capacity, Pooled Services and Automation Expedite Staff Layoffs, Dozens of Law Firms Grew Their Equity Partner Tier, Even as Profits and Demand Plummeted. That said, I recommend that Congress carefully consider hacking back proposals that would enable U.S. companies to take a broader range of active measures to defend themselves against cyber espionage and other cyber attacks. 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. But theres just as much, if not more, tracking in the virtual world.". The 1986 Computer Fraud and Abuse Act (CFAA) makes it illegal for Americans to access a computer without authorization. Weeks earlier, on October 10, the FBI announced the arrest of Mr.Yanjun Xu, alleged deputy division director of the Jiangsu Province Office (sixth bureau) of the Ministry of State Security, Chinas main civilian spy agency. Ultimately, many of the individuals drawn to ISIS seek a sense of belonging. Reviews of the 2015 agreement have been mixed. A person who commits espionage is called an espionage agent or spy. 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. 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. The FBI assesses HVEs are the greatest, most immediate terrorism threat to the homeland. An adversary uses technical countermeasures to block a previously undisclosed or classified U.S. intercept technology. Espionage and counterespionage have been essential tools of statecraft for centuries, of course, and U.S. and Chinese intelligence agencies have been battling one another for decades. 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. The Espionage Act was amended in 1940 to increase the penalties it imposed, and again in 1970. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. Change the conversation g. 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. Congressional cybersecurity legislation enacted in 2014 has also played an important role in improving U.S. government efforts to harden U.S. defenses against Chinese and other attacks. 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. 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 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. Economic Espionage Act of. Weak passwords CCP embedded committees manage all actions within directly managed SOEs. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. 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. That type of understanding takes evidence based off detailed analysis of a sufficient body of data. These include increased scrutiny of Chinese investments in key sectors, stricter. Freeway overpasses shuddered and collapsed, swallowing cars like a sandpit. Foreign espionage strikes at the heart of U.S. national security, impacting political, military and economic arenas. 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. In addition to these Executive Branch actions, companies and Congress have played an important role in Americas response.
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