Discussion Covert Action and Intelligence2
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POL341Week4Lecture11.pptxPOL341 Covert Action and Intelligence Week 4 Lecture 1 The Growing Importance of Counterintelligence (Protect)
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As defined in Executive Order 12333 (and amended on 30 July 2008), "counterintelligence means 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 or activities."
Definition (Protect Our Info)
Collect is GET, CI is PROTECT.
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Created National Counterintelligence Executive (NCIX)
- Answers to DNI
- Heads Counterintelligence Community
- Formulates CI Budget
- Formulates CI Strategy and Policy
CI Enhancement Act of 2002
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NCIX
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NCIX (Chair)
Department of State
Department of Defense, including the Joint Chiefs of Staff
Department of Justice (W/FBI)
Department of Energy
Department of Homeland Security
Central Intelligence Agency
CI Policy Board (PDD on CI-21)
Created in 2001 to direct Policy.
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Detect insider threats. Detect insiders who seek to exploit their authorized access in order to harm U.S. interests.
Penetrate foreign services. Penetrate hostile foreign intelligence services to determine their intentions, capabilities, and activities.
Integrate CI with cyber. Employ CI across the cyber domain to protect critical infrastructure.
Assure the supply chain. Assure the national security community's supply chain from foreign intelligence exploitation.
U.S. CI Focus Areas
Cybersecurity
Economic Espionage
Insider Threat
Supply Chain Threats
Current NCIX Priorities
Physical Security (Assets)
Personnel Security (Protecting agents)
Comms Security (COMSEC)
Information Systems Security (INFOSEC)
Operations Security (OPSEC)
Classification System (People and Material)
Top Secret, Secret, etc., Polygraph, Background Check
Defensive
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Penetrate enemy ranks
Double Agent operations
Misinformation (Human, Press, Internet)
False companies
Investigation and Prosecution of Spies
Offensive
Physical security Personnel security Communications security ( COMSEC) Informations system security ( INFOSEC) Security classification Operations security (OPSEC)
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“Many people assume the end of the Cold War made the world of cloak-and-dagger obsolete. Unfortunately, espionage is still very much with us. Nations will always try to learn one another’s secrets to gain political, military, or economic advantage. Indeed, the foreign intelligence presence operating in the United States is roughly the same as it was during the Cold War.” -- Robert S. Mueller, III – Director, FBI, 11/17/2011
Traditional “Insider Threat”
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Countering penetration of one’s own service by Human Assets
Sleeper Agent
Double Agent
Mole
Counter-Espionage – Who?
18 USC 794 – Espionage Statute
Transmittal
National Defense Information
To an Agent of a Foreign Power
With Intent to Injure U.S. or Aid Foreign Power
50 USC 783 -- Unauthorized Disclosure
A "Filler" Statute
U.S. Government Employee
Who Knowingly Transmits
Classified Information
To a Foreign National
Espionage Statutes
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Although they are certainly not 10 feet tall, armor plated chess masters – they are equally certainly neither foolish nor incompetent
31 year CIA Veteran
Head of Counterintelligence
Spied for Soviets for several years
Passed over for promotion and had financial problems
Prosecuted under Espionage Act and received life without parole
Aldrich Ames: Double Agent
Combines all mission areas, insider threat,
Supply chain, economic espionage, and cyber
International Business liberalization
Complex business organizations
Military and National Security heavily technology dependent, which requires businesses
Economic Espionage
“ Apart from the more traditional types of espionage, today’s spies are just as often students, researchers, businesspeople, or operators of “front companies”. And they seek not only state secrets, but trade secrets from corporations and universities-such as research and development, intellectual property, and insider information.” -- Robert S. Mueller, III, – Director, FBI, 11/17/2011
Business Is War (or Intelligence)
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“ I am convinced that there are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies that have been hacked and will be hacked again.” -- Robert S. Mueller, III – Director, FBI, 03/01/2012
Cyber – CI – Corp Espionage
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“At least 108 countries have full fledged procurement networks that work through front companies, joint ventures, trade delegations and other mechanisms to methodically target our government, our private industries, and our universities. -- Assistant Attorney General Kenneth Weinstein, October 2007
The New Terrain
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Blue: Domestic
Red: China
Green: Iran
Yellow: Taiwan
Purple: Other Countries
Economic Espionage Since 1995
CI Centre.org
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Joint Strike Fighter (JSF) is a development and acquisition program intended to replace a wide range of existing fighter, strike, and ground attack A/C for the US, UK, Canada, Australia, and Netherlands.
The projected average annual cost of this program is $12.5 billion with an estimated program life-cycle cost of $1.1 trillion (Most expensive in US history.
Multi-national effort, sales likely
One primary contractor, with many sub-k
Chinese allegedly stole secrets from contractor
http://online.wsj.com/article/SB124027491029837401.html
Production and Sales
Economic Espionage – 18 USC 1831
“Economic espionage is (1) whoever knowingly performs targeting or acquisition of trade secrets to (2) knowingly benefit any foreign government, foreign instrumentality or foreign agent.”
Theft of Trade Secrets – 18 USC 1832
Commonly called Industrial Espionage
“Theft of trade secrets is (1) whoever knowingly performs targeting or acquisition of trade secrets or intends to convert a trade secret to (2) knowingly benefit anyone other than the owner.”
Economic Espionage Act of 1996
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After the Cold War, government spies turned to private sector (Senate Report).
By 1996, $24 billion of corporate intellectual property being stolen each year.
1995 survey of 325 companies – half had experienced theft of trade secrets.
FBI estimated that 20+ countries were trying to steal trade secrets from U.S.
France, Israel, and China made economic espionage a priority for foreign intelligence services; Russia increased its efforts.
History of Statute
-Comes from reports done by outside group as well as those done for Congress leading up to the passage of the statute
-Economic espionage as a priority for foreign intelligence poses “a significant threat to national security”
-Boris Yeltsin ordered his senior intelligence officials to increase their efforts to obtain secrets from the West
-Showed need for a federal effort to prevent economic espionage and theft of trade secrets
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Dongfan Chung, former engineer for Boeing Co. and Rockwell International convicted of stealing trade secrets critical to US space program – relaying information to China
Decided July 16, 2009 – 6 counts of economic espionage
Boeing/China Case
-Chinese born engineer – had been an agent of China for over 30 years
-Stole 300,000 pages of sensitive information about the US space shuttle and booster rocket
-Boeing had invested $50 million in that technology
-First trial involving section 1831 - economic espionage to benefit a foreign government
-Chung was convicted
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Hard to detect traitors. Part of team. Trust factor.
Controversy over walk-ins. Double agents.
Security can be paranoid. Hard to counter paranoia.
Prosecution problem. Ames case. Exposure of secrets.
Privacy vs security. Patriot Act. Spying on ourselves. No Gestapo.
Problems with CI
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