Beijing has stated its intention to advance industry, technology, and military capabilities to become a world leader by 2025. NAO 207-12: Technology Controls and Foreign National Access But government tools must also be an important part of the U.S. government response. 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. CIA's Supremacy in Global Spy Ring and Hammering Russian Intelligence Taking classified material home, illegal downloads, unreported contact with foreign nationals. But this is not just an election-cycle threat. The foreign intelligence officer begins pay the target for his efforts. 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. The Committee looks . How Congress can confront the growing Chinese espionage threat First, I will offer an assessment of aspects of the threat. In addition to these Executive Branch actions, companies and Congress have played an important role in Americas response. A joint effort would provide an integrated approach to disrupt China's espionage activities which generally fall into one (or more) of five categories: Traditional espionage (18 USC 792-799 . Just last month, a new law reorganized the cyber security operations of DHS in order to improve their effectiveness, including establishing DHSs Cybersecurity and Infrastructure Security Agency. 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. In approximately 60 cases I reviewed, Chinese companies or individuals were acting unilaterally for commercial benefit only. These techniques were used approximately one-third of the time. There is a near equal distribution of espionage activities between the four major organizational clusters. 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. Never answer questions you feel uncomfortable In addition to its investigative work, the FBI works to raise public awareness and inform industry of the threats they face, through outreach activities. 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. Simply put, if a country is continually trying to collect information on specific components of the F-35 aircraft, it is because it lacks the required information for its planned purposes. This is a significant transformation from the terrorist threat our nation faced a decade ago. The foreign intelligence threat to the United States is expanding, becoming more complex and less predictable. License our industry-leading legal content to extend your thought leadership and build your brand. To most individual citizens, cyber espionage may not seem to influence their lives very much, but its costs on a nation-state are significant. 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 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. 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. Information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons or their agents or international terrorist organizations. In another 22 cases, MSS operatives employed only simplistic or limited operational tradecraft. Trends may shift, but the underlying drivers for domestic violent extremismsuch as perceptions of government or law enforcement overreach, socio-political conditions, racism, anti-Semitism, Islamophobia, and reactions to legislative actionsremain constant. Detecting an anomaly requires a degree of suspicion frequent questionable foreign travel 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. 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. What is the Espionage Act? - CBS News State-owned enterprises are also engaged in espionage. In closing, I would like to offer two general thoughts. Reporting threats to your Facility Security Officer or Supervisor. There have also been questions about how to limit hacking back so that a company engaged in hacking back is subject to appropriate U.S. government supervision and does not either intentionally or inadvertently escalate the situation. The most persistent threats to the nation and to U.S. interests abroad are homegrown violent extremists (HVEs), domestic violent extremists, and foreign terrorist organizations (FTOs). 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. Technology companies have a front-line responsibility to secure their own networks, products, and platforms. Updated Foreign Assistance Standardized Program Structure and The FITF is uniquely positioned to combat this threat. View All Articles & Multimedia. 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 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. Espionage and foreign interference pose a significant threat to our economic prosperity and national interests. But recent FBI cases have shown that no industry, large or small, is immune to the threat. 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 . 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 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. Asia, Asia Recruiting personnel for a terrorist organization The category of traditional espionage can be seen at 18 percent; but is considerably lower when Taiwan is removed as a PRC intelligence target. Figure 6: Espionage Tradecraft Techniques by Specific PRC Entities. Almost two years ago, I established the Foreign Influence Task Force (FITF) to identify and counteract malign foreign influence operations targeting the United States. A number of countries have mounted aggressive economic espionage campaigns here that vacuum up advanced United States The task force now brings together the FBIs expertise across the waterfrontcounterintelligence, cyber, criminal, and even counterterrorismto root out and respond to foreign influence operations. Peter Harrell. Reportable International Terrorism Contacts, Activities, Indicators, and Behaviors include. U.S. policymakers however, have rightly sought to aggressively deter and punish Chinese espionage intended to steal trade secrets and other IP from the U.S. private sector that is then transferred to Chinese companies for commercial advantage, and to crack down on other forms of unconventional espionage that threaten Americas technological, economic, and military edge. Unsurprisingly, China is also targeting sectors critical to U.S. military dominance, like aerospace, according to a recent indictment. 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? The. The division has a wide range of responsibilities. PDF Chinas Non-traditional Espionage Against the United States, The Threat Intelligence and Espionage in the 21st Century The government must also provide a description of the information sought and the places or facilities that will be searched. Store information in Secure Facilites Over the course of the last seven years, foreign investment in the U.S. has more than doubled.