Testimony of Sheila Horan, Deputy Assistant Director, National
Security Division, FBI
Before the House
Subcommittee on International Economic Policy and Trade
September 13, 2000
"Intellectual Property and Economic Espionage"
Thank you very much, Madam Chairman. I
am gratified to see that you are anxious and willing to engage
with us in grappling with the immense problem facing us today
with regard to the protection of sensitive information, proprietary
information, security, economic competitiveness and economic
security in this...
So, you have my statement, and
rather than regurgitating that now, I'll just make some points
and then we can get on to the questions, if you'd like.
The Attorney General, essentially,
defines economic espionage as the unlawful or clandestine
targeting and acquisition of sensitive financial, trade or
economic policy information, proprietary economic information,
or critical technologies.
In today's environment, intellectual
property and economic information in general have become the
most important and sought-after commodity by all nations of
the world, no question about it.
I would say that because of
our unique position in the world, we, as a target-rich nation
for natural resources, intellectual property, just general
overall wealth, that we are the number one target in the world
for economic espionage and the stealing of those -- of that
information and secrets.
Why are we the most sought after
commodity, the United States, that is? It's a pretty
complex situation, actually, but three reasons sort of come
to the fore. The first is the collapse of the Soviet
Union and the tremendous relief that that has brought throughout
the world. There were essentially, and not to be overly
simplistic, but two large camps in the world. And various
countries in the world devoted their natural resources, their
personnel resources and their general overall wealth towards
supporting their position either with the West or with the
Soviet Empire.
When the empire fell, they found
themselves looking around and saying, look, we've got to redefine
what is economic -- what is our national security? It
is no longer aligning ourselves with the Soviet Union or the
West, it is -- we've got to have a piece of the economic pie,
we want to do this -- we want to have wealth as well.
So, the intelligence services
as well as the governments themselves said, who has the most? And
the answer is the United States has the most. Secondarily,
allies, military allies who are -- as well as ideological
allies, during that last 50 years of our history, are now
aggressive, economic competitors. We are faced with former
friends -- I don't want to say attacking, but certainly working
against us, very aggressively, in order to get, again, a piece
of the pie.
Thirdly, a rapid globalization
of the world economy defines national security, not so much
in how many tanks you have deployed or how many soldiers you
have on the field, necessarily, but instead, their strength
is measured in terms of the nation's economic capability.
So, the nations of the world,
as well as our own, and President Clinton underscored this
point, I think back in 1991 by saying, "Now we should
realize very strongly that national security equals economic
security." That's an extremely important point, I think,
for us to keep in mind in terms of our war or fight against
economic espionage.
What are the targets? Very
briefly, they come in sort of two flavors, if I could be a
little bit flip there. We're still facing the threat
and the attempted threat on classified military defense- related
national information. There's no doubt about that. That
is still ongoing. And we are always battling espionage
cases on that basis.
Coming out of classified information,
however, and related to classified information is cutting
edge technologies, dual technologies, sensitive information
that may not reach the classified level, and hence wouldn't
be subject to an espionage case, but certainly would be fodder
for economic espionage cases, and our inspection of those
kinds of cases.
The other flavor, if you will,
is the non-sensitive area and theft of our non-high tech products
and services. It's very important to realize that the
way we approach economic espionage investigations, it does
not have to be high-tech for us to take an interest in something. It's
the -- a trade secret can be just as valuable in many instances
as more sensitive and highly classified or classified information.
So, that's how we approach that. And
the way we approach it is through the Economic Espionage Act,
which you have already indicated that is out there. Prior
to 1996 there was only state laws and some civil remedies
for companies and individuals and entities to pursue theft
of their trade secrets or theft of their proprietary information. In
1996, the law gave us an overarch -- or gave the federal government
the ability with the federal law, to approach the theft of
trade secrets offering stiffer penalties and other advantages
that were not available to us and to business and industry
to pursue these cases.
We have prosecuted -- you mentioned
18 -- there are actually up to date, there are 20 in which
we have successfully prosecuted over the last four years.
Interestingly enough, the Department of Justice -- or Congress,
actually, not the Department of Justice, was concerned that
we would take this apart in 1996 and profligately investigate
all sorts of smaller issues and inappropriate crimes under
this umbrella.
I think that you can be well
served and proud that in the four years the Bureau and the
Department of Justice have carefully looked at these cases
and have had what I consider a tremendous success in the 20
cases that we have prosecuted.
We are truly faced with a problem
that, because of the Cold War and our 50 years involvement
in that, perhaps it did not allow us to focus, as we should
have as an intelligence community, as a government on this
problem. It is not a new problem. It has been around
for years and years and years. But our government was
focused on the Cold War issues and realities and perhaps did
not have enough time to pursue this as aggressively as we
are trying to do today.
So, let me stop there, Madam
Chairman, and engage with you and your fellow members any
issues that you might want to pursue.
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