For most daily Internet uses, the hidden world of international cyber espionage may seem too distant to be of any real importance. A lock () or https:// means you've safely connected to the .gov website. Espionage operations have expanded dramatically, increasing in the number of operations, personnel, government and SOEs, and foreign targets sets. 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. PDF Counterintelligence Awarness Briefing - United States Naval Academy Over the last year, the FBI has met with top social media and technology companies several times, provided them with classified briefings, and shared specific threat indicators and account information, so they can better monitor their own platforms. These activities support a national concerted effort to expand Chinas economic and security interests. To date these authorities have been deployed against individuals and companies from Russia and Iran in response to cyberattacks, but have yet to be deployed against Chinese entities engaged in or benefiting from economic espionage or other cyberattacks against the U.S. In October, the U.S. passed sweeping new export controls on China. About Us| If you feel you are being solicited for information, which of the following should you do? As part of a nationwide campaign to raise awareness of the growing economic espionage threat, the FBI has released a short video, "The Company Man: Protecting Americas Secrets." These information objectives are also tied to national defense and economic priorities. 9. The recent attacks in Texas and California underscore the continued threat posed by domestic violent extremists and perpetrators of hate crimes. While it is challenging to accurately estimate the costs of such espionage, in 2017 the U.S. China IP Commission estimated that the total cost of Chinas theft of IP, which also includes more prosaic forms of IP theft like piracy and counterfeiting, costs the U.S. economy at least $225 billion annually and possibly as much as $600 billion. Asia, Central And third, I will offer some recommendations on additional policy responses that the United States should consider going forward. Sanctions are more of a marathon than a sprint, and the long-term picture looks much more promising than the short-term one. By No tradecraft, with parties using open communications and true names; Use of false names and/or third parties to transmit information and ship materials; Public and commercial encryption, hosting meetings in China to avoid detection; Tailor made devices or techniques, use of third countries, use of in-country cutouts to transmit information. Espionage - an overview | ScienceDirect Topics Espionage is now addressed by 3 offences in the Bill: obtaining or disclosing protected information; obtaining or disclosing trade secrets; and assisting a foreign intelligence service. Unsurprisingly, China is also targeting sectors critical to U.S. military dominance, like aerospace, according to a recent indictment. Ultimately, many of the individuals drawn to ISIS seek a sense of belonging. But universities do need to take appropriate precautions to ensure that China is not able to use academic collaboration to steal U.S. intellectual property or engage in other activities that might harm U.S. national security. Fifth, I would encourage Congress to carefully study proposals to enable U.S. companies who are victims of Chinese economic espionage to hack back. There are significant concerns about hacking back proposals but I believe the concept merits careful study. Economic Cyber Espionage and International Law: Controversies - ASIL I will focus my remarks on two aspects of Chinas unconventional espionage threat. Asia, Pacific The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. These troubled cases raise caution flags for future DOJ criminal prosecutions of non-traditional foreign influence cases. The PJCIS noted 'ambiguity' in relation to this term and recommended the . The initiative will prioritize cases of Chinese economic espionage and ensure that they are appropriately resourced. PDF Chinas Non-traditional Espionage Against the United States, The 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. 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. Espionage - Wikipedia Once established, the foreign intelligence officer makes an offer to help the target with his 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. Nation-State Cyber Espionage and its Impacts - Washington University in They would also generally restrict those companies ability to sell products based on stolen IP not only to the United States, but also to other countries around the world. A 2014 estimate by the Center for Responsible Trade and Enterprise (CREATe) and PriceWaterhouseCoopers argued that the cost of trade secret theft could amount to between 1 percent and 3 percent of GDP annually. The Trump administration has expanded U.S. government efforts to impose costs on China over its economic espionage. Individuals used true names and open communications including emails, text messages, and phone calls. 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. 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. Subscribe The Intelligence Authorization Act further specifies three aspects of the threat to US industry to be reported and any trends in that threat to include (1) the number and identity of the foreign governments conducting foreign industrial espionage; (2) the industrial sectors and types of information and technology targeted by such espionage; and The Department of Justice has in recent years indicted numerous Chinese spies, hackers, and companies for their involvement in stealing U.S. IP. 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. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? 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. For the United States, the problem is not these recent cases. Thank you for the opportunity to appear before you today to discuss the current threats to the United States homeland. Practice good Operations security In addition to FTOs, domestic violent extremists collectively pose a steady threat of violence and economic harm to the United States. 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. The European conflict has laid bare several vulnerabilities in the TNI's modernization plans. Expressing an obligation to engage in violence 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. Nonchalantly ask questions 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. Anything that doesn't fit the pattern could be an indicator of espionage But recent FBI cases have shown that no industry, large or small, is immune to the threat. Viruses Change the conversation 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. The Director of National Intelligence report, Foreign Economic Espionage in Cyberspace (2018) identifies key industries and technologies that are frequent targets of foreign espionage. This has allowed U.S. companies such as Micron Technologies to sue Chinese companies in federal court for the Chinese companies theft of U.S. IP. The threats posed by foreign fighters, including those recruited from the U.S., are very dynamic. Traditional espionage, often characterized by career foreign intelligence officers acting as diplomats or ordinary citizens, and asymmetric espionage, typically carried out by students,. 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. FIRRMA provides important new tools for the U.S. government to screen potential foreign investments in the U.S. for national security risks. 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. Figure 2: Chinese Organizational Clusters Committing Espionage. If the United States does not continue to make and expand R&D here in the U.S., China will eventually overtake our technological edge, regardless of how effective we are at preventing China from stealing, buying, or otherwise acquiring U.S. IP. We remain concerned that groups such as the Islamic State of Iraq and ash-Sham (ISIS) and al Qaeda have the intent to carry out large-scale attacks in the U.S. The new era of counterintelligence must shift focus to the gray zone DOJ officials initially touted one such law, the Foreign Agents Registration Act (FARA), 22 U.S.C. Any other statement in column 2 has effect according to its terms. Over four years after the project was announced, updates remain scarce on China's first nuclear icebreaker. These foreign competitors deliberately target economic intelligence in advanced technologies and successful U.S. industries. Beijing has stated its intention to advance industry, technology, and military capabilities to become a world leader by 2025. That type of understanding takes evidence based off detailed analysis of a sufficient body of data. 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. 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. However, cases attributed to the Ministry of State Security show an astounding nine cases where case officers and recruited agents demonstrated no discernible tradecraft. They include foreign states, criminals, "hacktivist" groups and terrorists. The winners will be those who break the old rules of the spy game and work out new ones. The poor performance in oversight and case management is possibly due to the highly politicized nature (CCP management) of Chinese intelligence. One might expect poor tradecraft from nonprofessional intelligence entities such as individuals, companies, and SOEs. U.S. intelligence, security, and law enforcement apparatus is just starting, 20 years later, to catch on. Espionage (spying) can involve the disclosure or theft of many types of information. Only 10% of Russian spy operations in Europe uncovered, says former MI6 National Security Legislation Amendment (Espionage and Foreign Chinese military sources can tell us exactly what the PLA is learning. 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. 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 Concealing foreign travel But China does not only steal corporate crown jewels like trade secrets: It targets a wide variety of information that can provide Chinese companies with commercial advantage. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Contact with international terrorist 13694 (2015) and E.O. Taking short trips. Traditional espionage encompasses a government's efforts to acquire clandestinely classified or otherwise protected information from a foreign government. Of course, China may well prove unwilling to make the necessary concessions. Get briefed on the story of the week, and developing stories to watch across the Asia-Pacific. Any unprotected trade secret can be illegally stolen. P.C. Economic Espionage and Trade Secret Theft . Beware of being overheard Victims of Chinas espionage efforts include major defense and aerospace companies, pharmaceutical firms, technology research companies, manufacturers, and universities. Belgian authorities placed him in custody on arrival and put him on a plane to the United States (most likely with an FBI escort). Foreign Intelligence Surveillance Court (FISC) - EPIC The International Trade Commission (ITC) has authority to ban the import of products that are made with stolen U.S. IP, and in recent years U.S. companies have successfully petitioned the ITC to ban such products from entering the U.S. market. 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. An adversary uses technical countermeasures to block a previously undisclosed or classified U.S. intercept technology. Reportable International Terrorism Contacts, Activities, Indicators, and Behaviors include. 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. Unusual interest in information outside the scope of assigned duties Asia, Asia Second, I will assess the policy responses that the U.S. has pursued to date to respond to this threat. 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. Responding to Chinas unconventional espionage threat will require a whole-of-society approach, not just a whole-of-government approach. What do we know about him? In addition, the same erratic performance by recruited agents illustrates nonstandardized agent training, protocols, and practices. 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. Setbacks Prosecuting Trump Allies Highlight Challenges in Foreign We live in a time of acute and persistent terrorist and criminal threats to our national security, our economy, and indeed our communities. 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. Figure 4: Adapted from Office of the Director of National Intelligence. No Thanks Center for a New American Security (en-US), Constructing Regional Partnerships and Seizing Emerging Opportunities, General Mike Holmes, U.S. Air Force (Ret. State-owned enterprises are also engaged in espionage. 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. The U.S. Intelligence Community is a federation of executive branch agencies and organizations that work separately and together to conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States. Copyright 2023 ALM Global, LLC. 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. traditional espionage activity includes foreign government In closing, the work being done by the FBI is immeasurable; however, we cannot afford to be complacent. 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. The third pillar of our approach is based on strong relationships with the private sector. Foreign states are generally equipped to conduct the most damaging cyber espionage and computer network attacks. Fortunately, efforts here in Congress, including by Chairman Grassley and other members of this Committee, have drawn public attention to this issue, and Assistant Attorney General Demers and the Department of Justice have significantly expanded FARA enforcement. Weak passwords Activities, behaviors, or circumstances that "may be indicative" of potential espionage activities by an individual who may have volunteered or Ben recruited by a foreign entity as a writing espionage agent. Outright theft of U.S. and western intellectual property (IP) is a key piece of Chinas strategy, but it is only a piece. Due to online recruitment, indoctrination, and instruction, FTOs are no longer dependent on finding ways to get terrorist operatives into the United States to recruit and carry out acts of terrorism. PDF Tudent Uide Dod Ci Awareness and Reporting Course for Dod - Usna These diverse threats underscore the complexity and breadth of the FBIs mission: to protect the American people and uphold the Constitution of the United States. Economic espionage activities . without indicating you are uncomfortable, change any conversation that might be too proving with respect to your duties, private lift and coworkers 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. Intelligence and Espionage in the 21st Century 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. According to the New York Times, Congress received an intelligence report last month that underscored at . 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. 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. We continue to actively coordinate with our private and public partners to pierce the veil of anonymity surrounding cyber based crimes. 8. 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. 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. This initiative is a welcome step and I commend the Justice Department and the National Security Division for launching it. Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence).A person who commits espionage is called an espionage agent or spy. 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. Analysis reveals several other interesting data points on the application of tradecraft. Failure to report may result in Judicial and/or Administrative Action Introduction For guidance on "suspicious activities," refer to the Espionage Indicators Guide (see Appendix A to this Order). 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. The bottom line is that if there is information out there that China thinks is of value, the odds are that China has or will try to steal it. Cyber threats are not only increasing in size and scope, but are also becoming increasingly difficult and resource-intensive to investigate. To combat the threat at home, the FBI established the Domestic Terrorism-Hate Crimes Fusion Cell in spring 2019. The governing Chinese Communist Party (CCP) uses government, quasi-government, academic, and commercial entities as mechanisms to conduct all forms f espionage abroad. View, About Southeast As a result, the FBI must remain vigilant. These criminals have also increased the sophistication of their schemes, which are more difficult to detect and more resilient to disruption than ever. National Security Legislation Amendment (Espionage and Foreign Our adversaries are continuously trying to undermine our country, whether it is election season or not. 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. Similarly, CFIUS should ensure that if the Chinese government has stolen or attempted to steal U.S. technology, no Chinese company should be able to acquire a U.S. company that designs or makes the technology that China attempted to steal. We, along with our law enforcement partners, face significant challenges in identifying and disrupting HVEs. 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. An Ex-Trump Adviser's Acquittal Shows How Politics and Business The reason for this is because Snowden did not provide information he obtained to a foreign government. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? China has expanded its espionage efforts considerably over the last 20 years. In approximately 60 cases I reviewed, Chinese companies or individuals were acting unilaterally for commercial benefit only. 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
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