Do not use personal commercial computers or cell phones for sensitive or classified matters.. especially at a foreign establishment. Nations have been spying on the United States (and us on them) since the American Revolution. The message is not tailored solely to those who overtly express signs of radicalization. We also handle intelligence operations and oversight. Taking classified material home, illegal downloads, unreported contact with foreign nationals. 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. Belgian authorities placed him in custody on arrival and put him on a plane to the United States (most likely with an FBI escort). Cyber criminals often operate through online forums, selling illicit goods and services, including tools that lower the barrier to entry for aspiring criminals and that can be used to facilitate malicious cyber activity. g. 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. I'd the target takes the bait, the foreign intelligence officer recruits the target to move into a more clandestine relationship. 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. The group has been observed targeting healthcare, telecom, technology, and video game industries in 14 countries. A number of countries have mounted aggressive economic espionage campaigns here that vacuum up advanced United States 20 Espionage falls In closing, the work being done by the FBI is immeasurable; however, we cannot afford to be complacent. In these cases, persons conducted agent recruitment, tasking, communications, and data transfer openly, with no significant attempt to hide the activity. Defense, China 19 This cycle generally involves five steps: tasking, collection, processing and evaluating, analysis and production, and feedback. SOE espionage activities show a wide variance in tradecraft. An adversary is able to anticipate DoD plans and activities. China is stepping up anti-espionage activities amid worsening ties with the United States and a renewed focus on national security ahead of a key Communist Party anniversary later this year. Such tactics make coordination with all of our partners, including international law enforcement partners, essential. Figure 3: Distribution of Chinese Espionage Cases in the United States. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Lastly, in 27 cases, roughly 9 percent of the total, case officers and/or agents displayed a more sophisticated level of tradecraft. Customer Service| The foreign intelligence officer begins pay the target for his efforts. 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. 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. The third pillar of our approach is based on strong relationships with the private sector. The Trump administration has accused Fijian Jinhua of benefiting from trade secrets that were stolen from Micron Technologies, a large U.S. semiconductor firm, and the Commerce action was a welcome, important development that signals to Chinese companies that stolen IP isnt free. 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. 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. These criminals have also increased the sophistication of their schemes, which are more difficult to detect and more resilient to disruption than ever. Practice Communications Security 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. Chinese agents have also physically broken in to U.S. corporate offices. Through the Internet, terrorists anywhere overseas now have direct access to our local communities to target and recruit our citizens and spread their message faster than was imagined just a few years ago. 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. 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? While the U.S. government must continue hardening its defenses against all espionage, Chinas spying on the U.S. government fits within a long practice of government spycraft and should be addressed with traditional types of tools. Unauthorized access to information systems. 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. 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. The definition of 'foreign principal' (proposed section 90.2) includes a 'foreign government principal' and in the Bill as introduced, the definition of 'foreign government principal' (proposed section 90.3) included a 'foreign political organisation'. The French engaged in economic espionage throughout the 1980s. procuring supplies for terrorist organizations 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. Taking classified material home Historically, economic espionage has targeted defense-related and high-tech industries. Unexplained absences Share on Twitter Twitter for Us, The CCPs Organization Department makes all senior personnel appointments. The term includes foreign intelligence and security services and international terrorist. 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. A .gov website belongs to an official government organization in the United States. The intelligence officer may begin by accessing the corporate web page to identify candidates to target via emails or social engineering. 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 It has not been as easy for the United States to gain buy-in as some in Washington expected. Economic Espionage and Cybersecurity Espionage comes in different forms. Non-DoD civilians may face sanctions. The recent attacks in Texas and California underscore the continued threat posed by domestic violent extremists and perpetrators of hate crimes. Over the course of the last seven years, foreign investment in the U.S. has more than doubled. Senior administration officials made clear prior to President Trumps recent trade policy-focused meeting with Chinese President Xi that reductions in IP theft are a major administration priority, and reductions in Chinese IP theft should be a be a major U.S. demand in the U.S.-China trade negotiations that will occur over the next three months. The Defense Departments Defense Advanced Research Projects Agency (DARPA), for example, last year launched a $1.5 billion, five-year initiative to support advances in chip technology. We tend to think of espionage as involving information classified under national security legislation and relating to political or military secrets. A person who commits espionage is called an espionage agent or spy. Solicitation and marketing of services The term includes foreign intelligence and security services, international terrorists, More than 60 percent of Chinas attempts to illegally export U.S. critical technologies are targeted at military technologies or space systems. For example, China and Chinese companies have repeatedly paid off corporate insiders at U.S. and western companies to simply walk out the door with high-value trade secrets. In intelligence terminology, information objectives identify the specific information (or technology) that is tasked for collection. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Practice good Operations security Contact with international terrorist The reason for this is because Snowden did not provide information he obtained to a foreign government. Advertisement. Traditional espionage encompasses a government's efforts to acquire clandestinely classified or otherwise protected information from a foreign government. Power, Crossroads Almost two years ago, I established the Foreign Influence Task Force (FITF) to identify and counteract malign foreign influence operations targeting the United States. 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. While India would like the current phase of stability at the LoC to continue, it has little incentive to try to make a grand gesture toward peace with Pakistan. He recently retired from a 34 year government career that included employment in the CIA, Department of State, and Defense Intelligence Agency. The Espionage Act was amended in 1940 to increase the penalties it imposed, and again in 1970. Cyber threat actors have also increasingly conducted ransomware attacks against U.S. systems, encrypting data and rendering systems unusablethereby victimizing individuals, businesses, and even emergency service and public health providers. The FBIs affidavit describes luring Xu to Belgium to illegally purchase General Electric commercial aviation technology. 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. 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 scale and scope of China-nexus targeted intrusion activity is unlikely to contract in 2023, as cyber espionage remains a critical instrument to support the CCP's strategic and economic. Any unprotected trade secret can be illegally stolen. The FBI is most concerned about lone offender attacks, primarily shootings, as they have served as the dominant lethal mode for domestic violent extremist attacks. A .gov website belongs to an official government organization in the United States. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? What Joseph L. Rini Knows, Attorney Rachel Y. Marshall A Pillar of Strength for the Community, SpotDraft Raises $26 Million in Series A Funding for AI-Powered Legal Software, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. Individual victims of Chinese IP theft have begun to resort to legal measures to fight back against companies that steal their trade secrets. 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 . We have also been confronting a surge in terrorist propaganda and training available via the Internet and social media. There is also a national construct in place (however redundant) to ensure intelligence information objectives are satisfied by collecting foreign information and technology. Asia, Southeast Figure 4: Adapted from Office of the Director of National Intelligence. 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. 10. We continue to actively coordinate with our private and public partners to pierce the veil of anonymity surrounding cyber based crimes. 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. Foreign intelligence Entities seldom use elicitation to extract information from people who have access to classified or sensitive information. But the interconnectedness of the modern world, combined with the anonymity of the Internet, have changed the nature of the threat and how the FBI and its partners must address it. U.S. Federal law enforcement office 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. Store information in Secure Facilites I will focus my remarks on two aspects of Chinas unconventional espionage threat. Crime and terrorist activity are an ever- present threat to our Nation. First, I firmly believe that the U.S. is more likely to be able to effectively combat Chinese unconventional espionage if the U.S. holds out the prospect for cooperation in the U.S.-Chinese overall relationship. 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. DHS is also investing in research into technologies and public-private partnerships that may be able to improve cybersecurity practices and in education and outreach programs designed to improve corporate cybersecurity practices. Over the last five years, I compiled and analyzed 274 cases of Chinese espionage that have occurred since the year 2000. 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. We face threats from state-sponsored hackers, hackers for hire, organized cyber syndicates, and terrorists. The US government has taken a range of measures to counter Chinese espionage and protect American interests. But this is not just an election-cycle threat. 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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. What do we know about him? 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. Asia, Asia Economic espionage activities . Advocating support for terrorist organizations Technology companies have a front-line responsibility to secure their own networks, products, and platforms. Former U.S. Defense Secretary Robert Gates said in an interview that there are probably a dozen or 15 countries that steal our technology. In 2015 a South Korean company plead guilty to conspiring to steal proprietary DuPont information about Kevlar, the body armor material, and paid more than $300 million in fines and restitution. 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. State-owned enterprises are also engaged in espionage. 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.. Failure to report may result in Judicial and/or Administrative Action When in doubt, report it, See something say something Economic Espionage Act of. Browsing international terrorist websites, Everyone is required to report all FIE threats The United States charged the group with stealing airline engine technology from French and U.S. companies. The FBI assesses HVEs are the greatest, most immediate terrorism threat to the homeland. Regardless, it seems likely that China will continue to deploy hacking as a tool of gaining U.S. IP as U.S. policy developments like export control reform and new restrictions on Chinese investment in the U.S. restrict Chinas ability to legally and overtly acquire its desired technologies. frequent questionable foreign travel A fine of not more than $5,000,000, Personnel who fail to report CI activities of concern as outlined in Enclosure 4 of DoD Directive 5240.06 are subject to appropriate disciplinary action under regulations, Under DoDD 5240.06 Reportable Foreign Intelligence Contacts, Activities, Indicators and Behavior; which of the following is reportable, Contact with known or suspected foreign intelligence Cyber espionage (cyberespionage) is a form of cyber attack that is carried out against a competitive company or government entity. Second, I will assess the policy responses that the U.S. has pursued to date to respond to this threat. In addition to these Executive Branch actions, companies and Congress have played an important role in Americas response. Other Chinese government elements that collect intelligence (information) include the PLA Political Department Liaison Office (targeted against Taiwan), United Front Work Department, and the Ministry of Industry and Information Technology. In 54 cases, entities used no tradecraft or substantive attempts to hide the espionage activity. To combat the threat at home, the FBI established the Domestic Terrorism-Hate Crimes Fusion Cell in spring 2019. 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. Our adversary seeks to expand its The PLA was involved in 61 such cases. Change the conversation 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. 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 U.S. Trade Representative Lighthizer and President Trump need to demand major, systematic changes in a range of Chinese trade abuses before relenting on the tariffs and other measures the U.S. has imposed. Espionage, as that term is traditionally used, involves trained intelligence professionals 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. 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. The Department of Justice has in recent years indicted numerous Chinese spies, hackers, and companies for their involvement in stealing U.S. IP. APT41 has been active since as early as 2012. 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. Does anyone need to know? emailStay Connected Don't simply believe the the unexpected activity was coincidental In another 22 cases, MSS operatives employed only simplistic or limited operational tradecraft. 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. Money, Tokyo These activities support a national concerted effort to expand Chinas economic and security interests. 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. The 1986 Computer Fraud and Abuse Act (CFAA) makes it illegal for Americans to access a computer without authorization. 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. 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. Foreign officials reveal details they should not have known. Emily Kilcrease, View All Reports 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 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.
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