Keeping pace with these threats is a significant challenge for the FBI. These criminals have also increased the sophistication of their schemes, which are more difficult to detect and more resilient to disruption than ever. The foreign intelligence threat to the United States is expanding, becoming more complex and less predictable. 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. The FBI is the lead agency for exposing, preventing, and investigating intelligence activities in the U.S. Because much of today's spying is accomplished by data theft from computer networks,. Unreported contact with foreign nationals Of course, China is neither the first nor the only foreign government to use its intelligence services to promote commercial interests. 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 . To combat the threat at home, the FBI established the Domestic Terrorism-Hate Crimes Fusion Cell in spring 2019. These include increased scrutiny of Chinese investments in key sectors, stricter. Espionage threat from the Chinese government: "We believe that there's no other country than China that poses the most severe intelligence threat to America. Botnets used by cyber criminals have been responsible for billions of dollars in damages over the past several years. United States v. Franklin, Rosen, and Weissman was an early 21st century court case from the United States District Court for the Eastern District of Virginia.The government prosecuted one Department of Defense employee (Franklin) and two lobbyists (Rosen & Weissman) for the American Israel Public Affairs Committee (AIPAC) for allegedly disclosing national defense information to persons 'not . The third pillar of our approach is based on strong relationships with the private sector. 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. 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. Do not prove for information - nonchalantly ask questions about them. 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. Economic Espionage Act of 1996. Nonchalantly ask questions Never answer questions you feel uncomfortable Non-DoD civilians may face sanctions. 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. This would let China determine exactly where government officials and corporate executives work, where they spend the night, what doctors they visit, and their travels, among other informationall of which would provide valuable information to Chinese spies and companies. The group has been observed targeting healthcare, telecom, technology, and video game industries in 14 countries. 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. Individual U.S. government agencies understand that increasing investment is the most important element to maintaining Americas technological edge. Attempting to gain access, without need-to-know 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 , Statement Before the House Homeland Security Committee. The Department of Justice has in recent years indicted numerous Chinese spies, hackers, and companies for their involvement in stealing U.S. IP. 10. 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. Figure 4: Adapted from Office of the Director of National Intelligence. As a country we should work to capture that talent here and make sure that it stays in the U.S. Much research and development also works more effectively when scientists and engineers are able to collaborate across borders. 19 This cycle generally involves five steps: tasking, collection, processing and evaluating, analysis and production, and feedback. The distribution pattern shows activity concentrations occurring in high-tech sectors, manufacturing hubs, and business centers. FBI agents, analysts, and computer scientists are using technical capabilities and traditional investigative techniquessuch as sources, court- authorized electronic surveillance, physical surveillance, and forensicsto counter these threats. The French engaged in economic espionage throughout the 1980s. 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. The IT threat to the U.S. has expanded from sophisticated, externally directed FTO plots to include individual attacks carried out by HVEs who are inspired by designated terrorist organizations. A .gov website belongs to an official government organization in the United States. In 54 cases, entities used no tradecraft or substantive attempts to hide the espionage activity. 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. Technology companies have a front-line responsibility to secure their own networks, products, and platforms. Traditional espionage, often characterized by career foreign intelligence officers acting as diplomats or ordinary citizens, and asymmetric espionage, typically carried out by students,. First, I will offer an assessment of aspects of the threat. Foreign officials reveal details they should not have known. 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. 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. Hostile actors conducting cyber espionage can target the government, military, business and individuals. An adversary uses technical countermeasures to block a previously undisclosed or classified U.S. intercept technology. Viruses 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. I'd the target takes the bait, the foreign intelligence officer recruits the target to move into a more clandestine relationship. 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. We continue to actively coordinate with our private and public partners to pierce the veil of anonymity surrounding cyber based crimes. 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. Historically, economic espionage has targeted defense-related and high-tech industries. 9. 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. I will address three issues in my testimony before you this morning. Unexplained or undue affluence The FBI indictment alleges Ji was tasked by his spymaster a senior MSS officer in the Jiangsu Province MSS office. 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. Your article was successfully shared with the contacts you provided. Despite the statutes broad language, the DOJ has faced significant hurdles in pursuing 951 prosecutions outside the traditional espionage context, and particularly where the alleged foreign agents activity involves ostensibly legitimate international business dealings. When in doubt, report it, See something say something 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. 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. Take time to use secure communications equipment They motivate these individuals to act at home or encourage them to travel. 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. 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. Advocating support for terrorist organizations Gen. Li Shangfu, with deep ties to Chinas military space enterprises, is widely expected to become Chinas next minister of defense. 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 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). I the Handling phase the foreign intelligence officer will instruct the target on specific information needed. The FBIs affidavit describes luring Xu to Belgium to illegally purchase General Electric commercial aviation technology. The poor performance in oversight and case management is possibly due to the highly politicized nature (CCP management) of Chinese intelligence. Our Team Account subscription service is for legal teams of four or more attorneys. Share on Facebook Facebook Emily Kilcrease & Michael Frazer. 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. The PJCIS noted 'ambiguity' in relation to this term and recommended the . 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 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. A lock () or https:// means you've safely connected to the .gov website. Asia, Southeast To most individual citizens, cyber espionage may not seem to influence their lives very much, but its costs on a nation-state are significant. traditional espionage activity includes foreign governmentbuddy foster now. 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. Our adversaries are continuously trying to undermine our country, whether it is election season or not. 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. 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. 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.
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