19 This cycle generally involves five steps: tasking, collection, processing and evaluating, analysis and production, and feedback. Congress has also played an important role. Espionage and foreign interference pose a significant threat to our economic prosperity and national interests. The US government has taken a range of measures to counter Chinese espionage and protect American interests. 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. departments and their authorities in a long-term, whole-of-government effort to raise the costs of bad behavior and advance the Administration's national security strategy. About Us| These troubled cases raise caution flags for future DOJ criminal prosecutions of non-traditional foreign influence cases. https://www.law.com/newyorklawjournal/2022/12/07/setbacks-prosecuting-trump-allies-highlight-challenges-in-foreign-influence-cases/. Do not leave equipment unattended, in hotel safes or left in vehicles. 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. 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. Failure to report may result in Judicial and/or Administrative Action Disgruntled employee attempting to gain access without need to know. Asia, Southeast 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. These elements of tradecraft included specially designed smartphone software for secure covert communications (U.S. vs. Kevin Mallory); third country meetings, or use of third parties (cutouts) in the United States for communicating information between the in-country handler and recruited asset, or the in-country handler and Chinese intelligence services. Thank you again for the opportunity to testify today and I look forward to your questions. But China is by far the most active practitioner of economic espionage today. 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. According to the New York Times, Congress received an intelligence report last month that underscored at . 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. Intelligence & Espionage. Penalty for an organization For most daily Internet uses, the hidden world of international cyber espionage may seem too distant to be of any real importance. It is seen by many who enter messaging apps and participate in social networks. On the military side, the Peoples Liberation Army (PLA) General Staff Headquarters, Second Department is responsible for collecting military information, including related foreign technology. More deaths were caused by domestic violent extremists than international terrorists in recent years. Unusual interest in information outside the scope of assigned duties Be observant - note as much as possible and the person asking questions Fines 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. Espionage. In addition to beaming out its perspectives via Chinese state media, Beijing is aspiring to control both the structure and norms of global information networks. ), LTG Anthony R. "Tony" Ierardi, USA (Ret. 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. We will continue working to identify individuals who seek to join the ranks of foreign fighters traveling in support of ISIS, those foreign fighters who may attempt to return to the United States, and HVEs who may aspire to attack the United States from within. But the underlying statute itself still arguably fails to cover a range of information collection and influence activities that China and other nations carry out in the United States. 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. Share on Facebook Facebook 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. Of course, China is neither the first nor the only foreign government to use its intelligence services to promote commercial interests. Many foreign terrorist organizations use various digital communication platforms to reach individuals they believe may be susceptible and sympathetic to violent terrorist messages. In closing, the work being done by the FBI is immeasurable; however, we cannot afford to be complacent. Advocating violence for terrorist organization 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. Foreign Intelligence Threats - Traditional Activity. 8. They motivate these individuals to act at home or encourage them to travel. FIRRMA provides important new tools for the U.S. government to screen potential foreign investments in the U.S. for national security risks. frequent questionable foreign travel In October, the U.S. passed sweeping new export controls on China. 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. Illegal downloads. Chinese social groups, enterprises and public entities will have increased responsibility to combat foreign espionage under new regulations issued by the country's ministry of state security. 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. 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. 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. 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. U.S. companies continue to need to make major investments in hardening their defenses against cyber threats and to train employees to be vigilant against Chinese espionage. The division has a wide range of responsibilities. In addition, there has been a debate in the community about the extent to which the apparent reduction in attacks simply represented Chinese efforts to restructure how China engages in cyber operations, rather than a genuine change in Chinese intentions. 10. 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 . The PJCIS noted 'ambiguity' in relation to this term and recommended the . The first line of response has been to encourage companies to harden their networks against cyber intrusions and to bolster defenses against other types IP theft, such as by corporate insiders. The venues for prosecution show where the target company or organization was located (see Figure 3.) The Espionage Act was amended in 1940 to increase the penalties it imposed, and again in 1970. 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. Russia and China have been identified as . 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. All Rights Reserved. Do not probe for information Your responsibility to report. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This initiative is a welcome step and I commend the Justice Department and the National Security Division for launching it. 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. The nation faces a continuing threat, both traditional and asymmetric, from hostile foreign intelligence agencies. The FITF is uniquely positioned to combat this threat. U.S. Embassy In these cases, persons conducted agent recruitment, tasking, communications, and data transfer openly, with no significant attempt to hide the activity. The MSS was formed in June 1983 by combining the espionage, counterintelligence, and security functions of the Ministry of Public Security and the Investigations Department of the Chinese Communist Party Central Committee. 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. 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. 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. Viruses 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. 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. Your article was successfully shared with the contacts you provided. Power, Crossroads 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. 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. Our nation continues to face a multitude of serious and evolving threats ranging from homegrown violent extremists (HVEs) to cyber criminals to hostile foreign intelligence services and operatives. Edward Fishman. Terrorists in ungoverned spacesboth physical and virtualreadily disseminate propaganda and training materials to attract easily influenced individuals around the world to their cause. Several high-level conclusions can be drawn from the cases representing the last 20 years of Chinese espionage operations. In addition to its investigative work, the FBI works to raise public awareness and inform industry of the threats they face, through outreach activities. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Our adversary seeks to expand its He recently retired from a 34 year government career that included employment in the CIA, Department of State, and Defense Intelligence Agency. 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. traditional espionage activity includes foreign governmentbuddy foster now. If you feel you are being solicited for information, which of the following should you do? 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. The FBI assesses HVEs are the greatest, most immediate terrorism threat to the homeland. The problem is that these recent indictments and arrests are only two of hundreds, if not thousands of cases. 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. 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 United States charged the group with stealing airline engine technology from French and U.S. companies. The French engaged in economic espionage throughout the 1980s. 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. We're looking at $200 billion to. License our industry-leading legal content to extend your thought leadership and build your brand. procuring supplies for terrorist organizations What do we know about him? 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. Removing markings. Unexplained absences 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. The term APT is commonly used in reference to the cyber threat posed by foreign intelligence services, or hackers working on behalf of such entities, but is not limited just to this and can equally be applied to other threat actors such as organized crime syndicates and those involved in traditional espionage. Site Map, Advertise| P.C. g. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The person may. 13694 (2015) and E.O. Southeast Those include going after terrorists and spies, including in cyberspace, countering foreign malign influence, enforcing our export controls and sanctions laws, and reviewing foreign investments in U.S. companies. 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 United States has progressively expanded the scope of sanctions and entity-based export controls on Chinese persons (i.e., individuals and entities), primaril By DoD Personnel should report to their CI Element, supporting MSCO or commander. I appreciate your continued support and look forward to answering any questions you might have. Al Qaeda maintains its desire for large-scale, spectacular attacks. In modern day, it's been used against those . The distribution of Chinese espionage cases worldwide illustrates the magnitude of CCP controlled businesses, research entities, and government organizations involved in espionage activities (see Figure 2). Report, Trans-Pacific 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 . Botnets used by cyber criminals have been responsible for billions of dollars in damages over the past several years. Chinas preeminent civilian intelligence agency is the Guojia Anquan Bu, or Ministry of State Security (MSS). Each of these technologies is identified as apriority requirementin Chinas State Council2015 strategic plan Made in China 2025.. 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. 1101 riveredge rd, connellsville, pa 15425; traditional espionage activity includes foreign government. Sanctions need to be deployed carefully to avoid unintended consequences and, at least initially, should be used only against egregious violators. Espionage activities correlated to their sponsoring organization (the customer receiving the information or technology) showed four distinct clusters of Chinese organizations engaging in espionage. Foreign espionage strikes at the heart of U.S. national security, impacting political, military and economic arenas. A .gov website belongs to an official government organization in the United States. ISIS uses traditional media platforms as well as widespread social media campaigns to propagate its ideology. If this is in fact the case then MSS performance is not likely to improve anytime soon. For the United States, the problem is not these recent cases. Espionage operations have expanded dramatically, increasing in the number of operations, personnel, government and SOEs, and foreign targets sets. Despite their territorial defeat in Iraq and Syria, ISIS remains relentless and ruthless in its campaign of violence against the West and has aggressively promoted its hateful message, attracting like-minded violent extremists. 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. We tend to think of espionage as involving information classified under national security legislation and relating to political or military secrets. 2 Commencement. Similarly, SOEs are aggressive in conducting or supporting espionage (72 acts total), stealing primarily advanced military technology. In a major coup, this past October Justice for the first time managed to extradite a suspected Chinese spy from a third country to the U.S. to face trial for his involvement in stealing U.S. trade secrets. As I said earlier, I commend the work of the Department of Justice, the FBI, the Department of Homeland Security, USTR and other federal agencies to address Chinas unconventional espionage threat. One might expect poor tradecraft from nonprofessional intelligence entities such as individuals, companies, and SOEs. In another 22 cases, MSS operatives employed only simplistic or limited operational tradecraft. These foreign competitors deliberately target economic intelligence in advanced technologies and successful U.S. industries. 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. Currently there are open investigations with a foreign influence nexus spanning FBI field offices across the country. An adversary uses technical countermeasures to block a previously undisclosed or classified U.S. intercept technology. Us, Write Click here to subscribe for full access. China-Based Customers Conducting Espionage Activities. First, I will offer an assessment of aspects of the threat. 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 group has been observed targeting healthcare, telecom, technology, and video game industries in 14 countries. The recent attacks in Texas and California underscore the continued threat posed by domestic violent extremists and perpetrators of hate crimes. A person who commits espionage is called an espionage agent or spy. Unsurprisingly, China is also targeting sectors critical to U.S. military dominance, like aerospace, according to a recent indictment. The government must also provide a description of the information sought and the places or facilities that will be searched. FBI.gov is an official site of the U.S. Department of Justice. Nonchalantly ask questions Economic Espionage Act of. As members of the Senate know, over the summer, Congress enacted the Foreign Investment Risk Review Modernization Act (FIRRMA), which overhauled the CFIUS review process for foreign investments in the United States. (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. Email Email. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. We also handle intelligence operations and oversight. 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. For example, the Trump Administration and this Congress have taken action to restrict the use of Chinese-made network equipment in U.S. telecommunications networks over concern that such equipment could facilitate Chinese espionage in the U.S. 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. First order effects of China's espionage include the impact on the U.S. economy through loss of intellectual property.
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