In the spotting phase the foreign intelligence officer identifies the target. What do we know about him? I will address three issues in my testimony before you this morning. 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. The first of these is espionage targeting cutting edge research and technologies being developed by U.S. universities, including technology that has U.S. military applications. 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. Of course, China may well prove unwilling to make the necessary concessions. 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. Amid great power competition, life in the China-Russia borderlands reveals the paradoxes underpinning the Beijing-Moscow friendship. 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. China is drawing lessons from Russias invasion of Ukraine. 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. Your article was successfully shared with the contacts you provided. But if China proves willing to make systemic changes, the administration should be willing to relax the trade remedies the U.S. has imposed, rather than locking the U.S. into an economic cold war with Beijing. Our Team Account subscription service is for legal teams of four or more attorneys. Al Qaeda maintains its desire for large-scale, spectacular attacks. In these cases no (23 cases) or minimal tradecraft (21 cases) was employed. China's espionage operations on the United States have been growing stronger for years. Foreign officials reveal details they should not have known. We expect this trend to continue. 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. Foreign states are generally equipped to conduct the most damaging cyber espionage and computer network attacks. Figure 2: Chinese Organizational Clusters Committing Espionage. For most daily Internet uses, the hidden world of international cyber espionage may seem too distant to be of any real importance. In addition to FTOs, domestic violent extremists collectively pose a steady threat of violence and economic harm to the United States. The message is not tailored solely to those who overtly express signs of radicalization. Foreign influence operations have taken many forms and used many tactics over the years. 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. For the United States, the problem is not these recent cases. The United States has progressively expanded the scope of sanctions and entity-based export controls on Chinese persons (i.e., individuals and entities), primaril By Law Offices of Gary Martin Hays & Associates Composed of subject matter experts from both the Criminal Investigative and Counterterrorism Divisions, the fusion cell offers program coordination from FBI Headquarters, helps ensure seamless information sharing across divisions, and augments investigative resources. Non-DoD civilians may face sanctions. Second, Congress should study ways to expand prohibitions on the import into the U.S. of items made with stolen U.S. IP, and the Trump Administration should work with allies to keep such products out of foreign markets. Our adversary seeks to expand its I would add that U.S. universities should also increase the scrutiny of their collaborative research projects with Chinese institutions and researchers to make sure that U.S. institutions are not inadvertently facilitating the transfer of proprietary and/or sensitive technology and expertise to China, while continuing to engage in legitimate and positive research collaborations. Peter Harrell. 10. In closing, I would like to offer two general thoughts. 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. Spies might seem like a throwback to earlier days of world wars and cold wars, but they are more common than everand they are targeting our nations most valuable secrets. These can number in the thousands and reflect the organizations knowledge gaps. The third major line of response has been to increase costs to China over its espionage program and to take action against specific Chinese companies that engage in and/or profit from unconventional espionage. Avoiding polygraph 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 . Practice good Operations security Several high-level conclusions can be drawn from the cases representing the last 20 years of Chinese espionage operations. 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. 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. Any company with a proprietary product, process, or idea can be a target. 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. Disgruntled employee attempting to gain access without need to know. (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. 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. 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. 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. These information objectives are also tied to national defense and economic priorities. 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. Expressing an obligation to engage in violence But the reality is that China also engages in economic espionage using a wide range more traditional of techniques, many of which have been publicly identified over the past several years by U.S. corporate disclosures, researchers, published U.S. government reports, and Department of Justice prosecutions of suspected Chinese spies. This report presents initial findings from analysis of 274 documented cases of Chinese worldwide espionage since the year 2000. These troubled cases raise caution flags for future DOJ criminal prosecutions of non-traditional foreign influence cases. 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. Crime and terrorist activity are an ever- present threat to our Nation. 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. Never answer questions you feel uncomfortable That type of understanding takes evidence based off detailed analysis of a sufficient body of data. 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. Economic espionage activities . Familial ties, or close associations, with terrorist or their supporters 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. Espionage makes it a crime to deal with information on behalf of, or to communicate to, a foreign principal (such as a foreign government or a person acting on their behalf). 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. The US government has taken a range of measures to counter Chinese espionage and protect American interests. 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. 1101 riveredge rd, connellsville, pa 15425; traditional espionage activity includes foreign government. We also handle intelligence operations and oversight. We must build toward the future so that we are prepared to deal with the threats we will face at home and abroad and understand how those threats may be connected. 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. 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. Each of these technologies is identified as apriority requirementin Chinas State Council2015 strategic plan Made in China 2025.. Concealing foreign travel Historically, economic espionage has targeted defense-related and high-tech industries. Do not prove for information - nonchalantly ask questions about them. 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. Gen. Li Shangfu, with deep ties to Chinas military space enterprises, is widely expected to become Chinas next minister of defense. Foreign influence operationswhich may include covert actions by foreign governments to influence U.S. policy decisions, political sentiment or public discourseare not a new problem. 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 . 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 . 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. Emily Kilcrease, View All Reports The Trump administration should use CFIUS to block Chinese companies that have stolen U.S. technology from acquiring companies in the United States. For guidance on "suspicious activities," refer to the Espionage Indicators Guide (see Appendix A to this Order). Figure 6: Espionage Tradecraft Techniques by Specific PRC Entities. A recent report by cybersecurity firm Carbon Black found that 68 percent of surveyed cybersecurity incident response professionals reported that they were seeing cyberattacks from China and the half of all investigations focused on China and Russia. 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. Doreign officials reveal details they should not have known. 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 foreign intelligence threat to the United States is expanding, becoming more complex and less predictable. Failure to report may result in disciplinary action. Over the last five years, I compiled and analyzed 274 cases of Chinese espionage that have occurred since the year 2000. A .gov website belongs to an official government organization in the United States. Such crimes are not limited to the United States and, with the aid of Internet like-minded hate groups, can reach across borders. 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. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. The nation faces a continuing threat, both traditional and asymmetric, from hostile foreign intelligence agencies. Contact with international terrorist U.S. Military or government site Our adversaries are continuously trying to undermine our country, whether it is election season or not. The U.S. also needs to start getting a handle on the vast quantity of Americans personal information that is all too readily available to make sure that it cannot be exploited by spies.