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95-479: Law enforcement and counterintelligence agencies in the United States, Australia, Canada, and other countries have raised concerns about the program as a vector for intellectual property theft and espionage . According to data from the U.S. Department of Energy's Oak Ridge Institute for Science and Education, 92 percent of Chinese who received a science or technology Ph.D. in the U.S. in 2002 were still in

190-486: A trained intuition possible connections and is trying to research them. Adding the new tools and techniques to [national arsenals], the counterintelligence community will seek to manipulate foreign spies, conduct aggressive investigations, make arrests and, where foreign officials are involved, expel them for engaging in practices inconsistent with their diplomatic status or exploit them as an unwitting channel for deception, or turn them into witting double agents. "Witting"

285-806: A clause restricting employees' use and dissemination of company-owned confidential information. In legal disputes resolved by settlement , the parties often sign a confidentiality agreement relating to the terms of the settlement. Examples of such agreements are The Dolby Trademark Agreement with Dolby Laboratories , the Windows Insider Agreement, and the Halo CFP (Community Feedback Program) with Microsoft . In some cases, employees who are dismissed following their complaints about unacceptable practices ( whistleblowers ), or discrimination against and harassment of themselves, may be paid compensation subject to an NDA forbidding them from disclosing

380-586: A contract subject to the rules of contractual interpretation which generally apply in the English courts. NDAs are often used as a condition of a financial settlement in an attempt to silence whistleblowing employees from making public the misdeeds of their former employers. There is law, the Public Interest Disclosure Act 1998 , which allows "protected disclosure" despite the existence of an NDA, although employers sometimes intimidate

475-547: A daily basis. The interdependence of the US counterintelligence community is also manifest in its relationships with liaison services. The counterintelligence community cannot cut off these relationships because of concern about security, but experience has shown that it must calculate the risks involved. On the other side of the CI coin, counterespionage has one purpose that transcends all others in importance: penetration. The emphasis which

570-463: A different aspect of counterintelligence, such as domestic, international, and counter-terrorism. Some states will formalize it as part of the police structure, such as the United States' Federal Bureau of Investigation (FBI). Others will establish independent bodies, such as the United Kingdom's MI5 , others have both intelligence and counterintelligence grouped under the same agency, like

665-613: A first step in which the prisoner is given the choice of co-operating or facing severe consequence up to and including a death sentence for espionage. Co-operation may consist of telling all one knows about the other service but preferably actively assisting in deceptive actions against the hostile service. Defensive counterintelligence specifically for intelligence services involves risk assessment of their culture, sources, methods and resources. Risk management must constantly reflect those assessments, since effective intelligence operations are often risk-taking. Even while taking calculated risks,

760-629: A group opposing a recognized government by criminal or military means, as well as conducting clandestine intelligence and covert operations against the government in question, which could be one's own or a friendly one. Counterintelligence and counterterrorism analyses provide strategic assessments of foreign intelligence and terrorist groups and prepare tactical options for ongoing operations and investigations. Counterespionage may involve proactive acts against foreign intelligence services, such as double agents , deception , or recruiting foreign intelligence officers. While clandestine HUMINT sources can give

855-491: A key role in providing indications and warning of terrorist and other force protection threats. Non-disclosure agreement A non-disclosure agreement ( NDA ), also known as a confidentiality agreement ( CA ), confidential disclosure agreement ( CDA ), proprietary information agreement ( PIA ), or secrecy agreement ( SA ), is a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that

950-597: A law enforcement framework. In France, a senior anti-terror magistrate is in charge of defense against terrorism. French magistrates have multiple functions that overlap US and UK functions of investigators, prosecutors, and judges. An anti-terror magistrate may call upon France's domestic intelligence service Direction générale de la sécurité intérieure (DGSI), which may work with the Direction générale de la sécurité extérieure (DGSE), foreign intelligence service. Spain gives its Interior Ministry, with military support,

1045-482: A leading international university or research laboratory. Within a decade of the announcement of the Thousand Talents Plan in 2008, it had attracted more than 7,000 people overall. More than 1,400 people participating in the Thousand Talents Plan, including several foreigners, specialize in life sciences fields. More than 300 scientists and scholars at Australian tertiary institutions are connected to

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1140-418: A one-way NDA) involves two parties where only one party (i.e., the disclosing party) anticipates disclosing certain information to the other party (i.e., the receiving party) and requires that the information be protected from further disclosure for some reason (e.g., maintaining the secrecy necessary to satisfy patent laws or legal protection for trade secrets, limiting disclosure of information prior to issuing

1235-652: A particular radio transmitter as one used only by a particular country, detecting that transmitter inside one's own country suggests the presence of a spy that counterintelligence should target. In particular, counterintelligence has a significant relationship with the collection discipline of HUMINT and at least some relationship with the others. Counterintelligence can both produce information and protect it. All US departments and agencies with intelligence functions are responsible for their own security abroad, except those that fall under Chief of Mission authority. Governments try to protect three things: In many governments,

1330-406: A press release for a major announcement, or simply ensuring that a receiving party does not use or disclose information without compensating the disclosing party). A bilateral NDA (sometimes referred to as a mutual NDA, MNDA, or a two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. This type of NDA

1425-441: A receiving party could later become a disclosing party or vice versa, which is not an entirely uncommon occurrence. A multilateral NDA involves three or more parties where at least one of the parties anticipates disclosing information to the other parties and requires that the information be protected from further disclosure. This type of NDA eliminates the need for separate unilateral or bilateral NDAs between only two parties. E.g.,

1520-546: A result, the National Anti-Terrorism Coordination Center was created. Spain's 3/11 Commission called for this center to do operational coordination as well as information collection and dissemination. The military has organic counterintelligence to meet specific military needs. Frank Wisner , a well-known CIA operations executive said of the autobiography of Director of Central Intelligence Allen W. Dulles , that Dulles "disposes of

1615-471: A single multiparty NDA entered into by three parties who each intend to disclose information to the other two parties could be used in place of three separate bilateral NDAs between the first and second parties, second and third parties, and third and first parties. A multilateral NDA can be advantageous because the parties involved review, execute, and implement just one agreement. This advantage can be offset by more complex negotiations that may be required for

1710-544: A small number of elite foreign-born experts with skills that are critical to China's international competitiveness in science and innovation. International experts in the latter category are typically winners of major prizes such as the Nobel Prize and the Fields Medal, and are expected first to have made internationally renowned contributions to a field of technological importance to China, and secondly to hold either

1805-607: A tenured position at one of the world's top universities or a senior role in an internationally important research organization. In 2013, the Junior Thousand Talent Plan was created to attract faculty members under the age of 40 who have performed high impact research at one of the world's top universities. The program includes two mechanisms: resources for permanent recruitment into Chinese academia, and resources for short-term appointments that typically target international experts who have full-time employment at

1900-813: A warrant, etc. The Russian Federation 's major domestic security organization is the FSB , which principally came from the Second Chief Directorate and Third Chief Directorate of the USSR's KGB . Canada separates the functions of general defensive counterintelligence ( contre-ingérence ), security intelligence (the intelligence preparation necessary to conduct offensive counterintelligence), law enforcement intelligence, and offensive counterintelligence. Military organizations have their own counterintelligence forces, capable of conducting protective operations both at home and when deployed abroad. Depending on

1995-492: A wide range of functions, certainly including military or counterintelligence activities, but also humanitarian aid and aid to development ("nation building"). Terminology here is still emerging, and "transnational group" could include not only terrorist groups but also transnational criminal organization. Transnational criminal organizations include the drug trade, money laundering, extortion targeted against computer or communications systems, smuggling, etc. "Insurgent" could be

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2090-466: Is a term of intelligence art that indicates that one is not only aware of a fact or piece of information but also aware of its connection to intelligence activities. Victor Suvorov , the pseudonym of a former Soviet military intelligence ( GRU ) officer, makes the point that a defecting HUMINT officer is a special threat to walk-in or other volunteer assets of the country that he is leaving. Volunteers who are "warmly welcomed" do not take into consideration

2185-428: Is active measures against those hostile services. This is often called counterespionage : measures taken to detect enemy espionage or physical attacks against friendly intelligence services, prevent damage and information loss, and, where possible, to turn the attempt back against its originator. Counterespionage goes beyond being reactive and actively tries to subvert hostile intelligence service, by recruiting agents in

2280-410: Is an established term of art in the counterintelligence community, and, in today's world, "foreign" is shorthand for "opposing." Opposition might indeed be a country, but it could be a transnational group or an internal insurgent group. Operations against a FIS might be against one's own nation, or another friendly nation. The range of actions that might be done to support a friendly government can include

2375-455: Is common for businesses considering some kind of joint venture or merger. When presented with a unilateral NDA, some parties may insist upon a bilateral NDA, even though they anticipate that only one of the parties will disclose information under the NDA. This approach is intended to incentivize the drafter to make the provisions in the NDA more "fair and balanced" by introducing the possibility that

2470-467: Is essential. Accordingly, each counterintelligence organization will validate the reliability of sources and methods that relate to the counterintelligence mission in accordance with common standards. For other mission areas, the USIC will examine collection, analysis, dissemination practices, and other intelligence activities and will recommend improvements, best practices, and common standards. Intelligence

2565-413: Is not a threat, participants should fully disclose that relationship. In September 2022, it was reported that TTP programs recruited over 150 scientists who worked on U.S. government-sponsored research at Los Alamos National Laboratory . Although the program has successfully attracted top international talent to China, its efficacy in retaining these talented individuals has been questioned, with many of

2660-570: Is penetrated. A high-level defector can also do this, but the adversary knows that he defected and within limits can take remedial action. Conducting CE without the aid of penetrations is like fighting in the dark. Conducting CE with penetrations can be like shooting fish in a barrel . In the British service, the cases of the Cambridge Five , and the later suspicions about MI5 chief Sir Roger Hollis caused great internal dissension. Clearly,

2755-480: Is really specific to countering HUMINT , but, since virtually all offensive counterintelligence involves exploiting human sources, the term "offensive counterintelligence" is used here to avoid some ambiguous phrasing. Other countries also deal with the proper organization of defenses against Foreign Intelligence Services (FIS), often with separate services with no common authority below the head of government. France , for example, builds its domestic counterterror in

2850-415: Is the focus of Project Slammer. Without undue violations of personal privacy, systems can be developed to spot anomalous behavior, especially in the use of information systems. Decision makers require intelligence free from hostile control or manipulation. Since every intelligence discipline is subject to manipulation by our adversaries, validating the reliability of intelligence from all collection platforms

2945-702: Is the official representative body for program participants. China also administers a "Young Thousand Talents" program as a "youth" branch of the Thousand Talents Plan. It focuses on the recruitment of early career STEM scholars. Previous attempts to attract foreign scientific talent through a decentralized network of approximately 600 "talent recruitment stations" worldwide had been largely ineffective at convincing top researchers to leave developed countries permanently. The Thousand Talents program primarily targets Chinese citizens who were educated in elite programs overseas and who have been successful as entrepreneurs, professionals, and researchers. The program also recognizes

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3040-460: Is thwarting efforts by hostile intelligence services to penetrate the service. Offensive counterintelligence is having identified an opponent's efforts against the system, trying to manipulate these attacks by either "turning" the opponent's agents into double agents or feeding them false information to report. Many governments organize counterintelligence agencies separately and distinct from their intelligence collection services. In most countries

3135-705: Is vulnerable not only to external but also to internal threats. Subversion, treason, and leaks expose vulnerabilities, governmental and commercial secrets, and intelligence sources and methods. The insider threat has been a source of extraordinary damage to US national security, as with Aldrich Ames , Robert Hanssen , and Edward Lee Howard , all of whom had access to major clandestine activities. Had an electronic system to detect anomalies in browsing through counterintelligence files been in place, Robert Hanssen 's searches for suspicion of activities of his Soviet (and later Russian) paymasters might have surfaced early. Anomalies might simply show that an especially-creative analyst has

3230-704: The 17th National Congress of the Chinese Communist Party (CCP) in 2007. The CCP Central Committee and State Council of the People's Republic of China elevated the program in 2010 to become the top-level award given through China's National Talent Development Plan to strengthen innovation and international competitiveness within China. In 2019, the program was re-branded as the "National High-end Foreign Experts Recruitment Plan." The CCP's United Front Work Department 's Western Returned Scholars Association

3325-591: The Boers , the British government authorized the formation of a new intelligence section in the War Office , MO3 (subsequently redesignated MO5) headed by Melville, in 1903. Working under-cover from a flat in London, Melville ran both counterintelligence and foreign intelligence operations, capitalizing on the knowledge and foreign contacts he had accumulated during his years running Special Branch . Due to its success,

3420-688: The Canadian Security Intelligence Service (CSIS). Modern tactics of espionage and dedicated government intelligence agencies developed over the course of the late-19th century. A key background to this development was the Great Game – the strategic rivalry and conflict between the British Empire and the Russian Empire throughout Central Asia between 1830 and 1895. To counter Russian ambitions in

3515-536: The National Institute of Health (NIH) completed a yearlong investigation into research violations. Among other issues, it noticed after going over published papers that scores of researchers revealed their affiliation with or funding from institutions in China but had failed to report those ties to their home institution or the NIH. Michael Lauer , who oversaw the extramural research program, said that while TTP

3610-670: The Russian Empire , was also tasked with countering enemy espionage. Its main concern was the activities of revolutionaries, who often worked and plotted subversive actions from abroad. It set up a branch in Paris , run by Pyotr Rachkovsky , to monitor their activities. The agency used many methods to achieve its goals, including covert operations , undercover agents , and "perlustration"—the interception and reading of private correspondence. The Okhrana became notorious for its use of agents provocateurs , who often succeeded in penetrating

3705-483: The United Kingdom , the term "back-to-back agreement" refers to an NDA entered into with a third party who legitimately receives confidential information, putting them under similar non-disclosure obligations as the initial party granted the information. Case law in a 2013 Court of Appeal decision ( Dorchester Project Management v BNP Paribas ) confirmed that a confidentiality agreement will be interpreted as

3800-567: The British were penetrated by Philby, but it has never been determined, in any public forum, if there were other serious penetrations. In the US service, there was also significant disruption over the contradictory accusations about moles from defectors Anatoliy Golitsyn and Yuri Nosenko , and their respective supporters in CIA and the British Security Service (MI5) . Golitsyn was generally believed by Angleton. George Kisevalter ,

3895-695: The CIA operations officer that was the CIA side of the joint US-UK handling of Oleg Penkovsky , did not believe Angleton's theory that Nosenko was a KGB plant. Nosenko had exposed John Vassall , a KGB asset principally in the British Admiralty, but there were arguments Vassall was a KGB sacrifice to protect other operations, including Nosenko and a possibly more valuable source on the Royal Navy. Defensive counterintelligence starts by looking for places in one's own organization that could easily be exploited by foreign intelligence services (FIS). FIS

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3990-701: The China's Talent Recruitment Plans, including the TTP, and called the programs a threat to national security. The report from the hearing cited TTP contracts as violating research values, TTP members willfully failing to disclose their membership to their home institutions, and cited numerous cases against TTP members for theft of intellectual property and fraud. One TTP member stole proprietary defense information on U.S. military jet engines. The report indicated that "TTP targets U.S.-based researchers and scientists, regardless of ethnicity or citizenship, who focus on or have access to cutting-edge research and technology." In 2019,

4085-659: The FBI arrested Charles M. Lieber , the chair of Harvard University's Department of Chemistry and Chemical Biology, for lying about his ties to the program, and was convicted in December 2021. In May 2020, the FBI arrested a former researcher at the Cleveland Clinic for failing to disclose ties to the Thousand Talents Program, although a year later federal prosecutors dismissed the case. In June 2020, it

4180-775: The Government Committee on Intelligence, with support from Richard Haldane and Winston Churchill , established the Secret Service Bureau in 1909 as a joint initiative of the Admiralty , the War Office and the Foreign Office to control secret intelligence operations in the UK and overseas, particularly concentrating on the activities of the Imperial German government. Its first director

4275-487: The KGB places on penetration is evident in the cases already discussed from the defensive or security viewpoint. The best security system in the world cannot provide an adequate defense against it because the technique involves people. The only way to be sure that an enemy has been contained is to know his plans in advance and in detail. Moreover, only a high-level penetration of the opposition can tell you whether your own service

4370-614: The TTP. Individuals who receive either of China's two top academic awards, the Thousand Talents Professorship and the Changjiang (Yangtze River) Scholar award, have become targets for recruitment by China's wealthiest universities so frequently that the Ministry of Education issued notices in both 2013 and 2017 discouraging Chinese universities from recruiting away top talent from one another. Evaluations of

4465-419: The U.S. in 2007. To reverse this trend and to build the size and prestige of China's university system, the central government of China recognized the need and turned to attracting overseas Chinese and top foreign-born talent from the world's best universities. The Thousand Talent program is the most prominent of China's more than 200 talent recruitment programs. It grew out of the "Talent Superpower Strategy" of

4560-827: The U.S., with a June 2018 report from the National Intelligence Council declaring an underlying motivation of the program to be “to facilitate the legal and illicit transfer of US technology, intellectual property and know-how” to China. US and Canadian authorities have asserted that China intends to use scientists who are involved with this plan to gain access to new technology for economic and military advantage. The Federal Bureau of Investigation (FBI) has indicated that foreign recruitment sponsor talent plans "to bring outside knowledge and innovation back to their countries—and sometimes that means stealing trade secrets, breaking export control laws, or violating conflict-of-interest policies to do so." In January 2020,

4655-478: The Young Thousand Talents program receive a one-time award of 500,000 RMB and start-up grants between 1 million and three million RMB. These packages are typically matched by host institutions in China or local governments. Participants also receive fringe benefits including subsidized housing and prioritization when applying for grants. Some Thousand Talents Plan Professors have reported fraud in

4750-801: The actions of the Pan-Slavist movement operating out of Serbia . After the fallout from the Dreyfus affair of 1894–1906 in France, responsibility for French military counter-espionage passed in 1899 to the Sûreté générale —an agency originally responsible for order enforcement and public safety—and overseen by the Ministry of the Interior . The Okhrana initially formed in 1880 to combat political terrorism and left-wing revolutionary activity throughout

4845-620: The activities of revolutionary groups – including the Bolsheviks . Integrated counterintelligence agencies run directly by governments were also established. The British government founded the Secret Service Bureau in 1909 as the first independent and interdepartmental agency fully in control over all government counterintelligence activities. Due to intense lobbying from William Melville and after he obtained German mobilization plans and proof of their financial support to

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4940-488: The agreement. An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets . As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are illegal . NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business and need to understand

5035-411: The biggest challenges had less to do with national security than to "increasingly outdated and misguided immigration policies common among developed democracies." According to Moore, the high number of participants in the program with a specialization in the life sciences prompted US policymakers to view the TTP as signaling by Beijing of its intention to “mount a full-spectrum challenge to US leadership in

5130-578: The biotechnology sector”, with one US policymaker saying the TPP helped build China's talent pipeline for the sector. Academics Dongbo Shi, Weichen Liu, and Yanbo Wang conducted an analysis of Young Thousand Talent program participants, and concluded "that China’s YTT program has been successful in recruiting and nurturing high-caliber scientists and that YTT scientists outperform their overseas peers in post-return publication, mainly owing to their access to greater funding and larger research teams. These results show

5225-480: The colonial rivalries between the major European powers and to the accelerating development of military technology. As espionage became more widely used, it became imperative to expand the role of existing police and internal security forces into a role of detecting and countering foreign spies. The Evidenzbureau (founded in the Austrian Empire in 1850) had the role from the late-19th century of countering

5320-644: The counterintelligence mission is spread over multiple organizations, though one usually predominates. There is usually a domestic counterintelligence service, usually part of a larger law enforcement organization such as the Federal Bureau of Investigation in the United States . The United Kingdom has the separate Security Service , also known as MI5, which does not have direct police powers but works closely with law enforcement especially Special Branch that can carry out arrests, do searches with

5415-513: The country, there can be various mixtures of civilian and military in foreign operations. For example, while offensive counterintelligence is a mission of the US CIA 's National Clandestine Service , defensive counterintelligence is a mission of the U.S. Diplomatic Security Service (DSS), Department of State , who work on protective security for personnel and information processed abroad at US Embassies and Consulates. The term counter-espionage

5510-733: The court agreed that the relevant wording "went further than could reasonably be required" to protect commercial information. The agreement was held to be in breach of Article 101 of the Treaty on the Functioning of the European Union , which prohibits agreements which had the object or effect of distorting competition, and was therefore unenforceable. NDAs are very common in the United States, with more than one-third of jobs in America containing an NDA. The United States Congress passed

5605-568: The direction of James Jesus Angleton . Later, operational divisions had subordinate counterintelligence branches, as well as a smaller central counterintelligence staff. Aldrich Ames was in the Counterintelligence Branch of Europe Division, where he was responsible for directing the analysis of Soviet intelligence operations. US military services have had a similar and even more complex split. This kind of division clearly requires close coordination, and this in fact occurs on

5700-452: The events complained about. Such conditions in an NDA may not be enforceable in law, although they may intimidate the former employee into silence. A similar concept is expressed in the term "non-disparagement agreement", which prevents one party from stating anything ' derogatory ' about the other party. A non-disclosure agreement (NDA) may be classified as unilateral, bilateral, or multilateral: A unilateral NDA (sometimes referred to as

5795-444: The existing gap in national level coverage, as well as satisfying the combatant commander's intelligence requirements. Military police and other patrols that mingle with local people may indeed be valuable HUMINT sources for counterintelligence awareness, but are not themselves likely to be CFSOs. Gleghorn distinguishes between the protection of national intelligence services, and the intelligence needed to provide combatant commands with

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5890-414: The fact that they are despised by hostile intelligence agents. The Soviet operational officer, having seen a great deal of the ugly face of communism, very frequently feels the utmost repulsion to those who sell themselves to it willingly. And when a GRU or KGB officer decides to break with his criminal organization, something which fortunately happens quite often, the first thing he will do is try to expose

5985-404: The first time, governments had access to peacetime, centralized independent intelligence and counterintelligence bureaucracy with indexed registries and defined procedures, as opposed to the more ad hoc methods used previously. Collective counterintelligence is gaining information about an opponent's intelligence collection capabilities whose aim is at an entity. Defensive counterintelligence

6080-427: The foreign service, by discrediting personnel actually loyal to their own service, and taking away resources that would be useful to the hostile service. All of these actions apply to non-national threats as well as to national organizations. If the hostile action is in one's own country or in a friendly one with co-operating police, the hostile agents may be arrested, or, if diplomats, declared persona non grata . From

6175-488: The former employee into silence despite this. In some legal cases where the conditions of a confidentiality agreement have been breached, the successful party may choose between damages based on an account of the commercial profits which might have been earned if the agreement had been honoured, or damages based on the price of releasing the other party from its obligations under the agreement. Commercial entities entering into confidentiality agreements need to ensure that

6270-428: The greatest insight into the adversary's thinking, they may also be most vulnerable to the adversary's attacks on one's own organization. Before trusting an enemy agent, remember that such people started out as being trusted by their own countries and may still be loyal to that country. Wisner emphasized his own, and Dulles', views that the best defense against foreign attacks on, or infiltration of, intelligence services

6365-725: The hated volunteer. Attacks against military, diplomatic, and related facilities are a very real threat, as demonstrated by the 1983 attacks against French and US peacekeepers in Beirut, the 1996 attack on the Khobar Towers in Saudi Arabia, 1998 attacks on Colombian bases and on U.S. embassies (and local buildings) in Kenya and Tanzania the 2000 attack on the USS Cole , and many others. The U.S. military force protection measures are

6460-435: The information they need for force protection. There are other HUMINT sources, such as military reconnaissance patrols that avoid mixing with foreign personnel, that indeed may provide HUMINT, but not HUMINT especially relevant to counterintelligence. Active countermeasures, whether for force protection, protection of intelligence services, or protection of national security interests, are apt to involve HUMINT disciplines , for

6555-676: The leadership in domestic counterterrorism. For international threats, the National Intelligence Center (CNI) has responsibility. CNI, which reports directly to the Prime Minister, is staffed principally by which is subordinated directly to the Prime Minister's office. After the March 11, 2004 Madrid train bombings , the national investigation found problems between the Interior Ministry and CNI, and, as

6650-712: The loss of R&D knowledge through employee turnover in Indian IT firms". They are often used by companies from other countries who are outsourcing or offshoring work to companies in India. Companies outsourcing research and development of biopharma to India use them, and Indian companies in pharmaceuticals are "competent" in their use. In the space industry , NDAs "are crucial". "Non-disclosure and confidentiality agreements ... are ... generally enforceable as long as they are reasonable." Sometimes NDAs have been anti-competitive and this has led to legal challenges. In

6745-612: The most talented scientists willing to spend short periods in China but unwilling to abandon their tenured positions at major Western universities. According to academic Scott Moore, the Chinese government had been the most assertive government in the world in introducing policies like the Thousand Talents Plan to trigger “a reverse brain drain." Moore stated that while the program posed several challenges for developed democracies such as incentivizing recruited professors to improperly transfer of resources to their concurrent workplace in China,

6840-509: The national to the field level. Counterintelligence is part of intelligence cycle security , which, in turn, is part of intelligence cycle management . A variety of security disciplines also fall under intelligence security management and complement counterintelligence, including: The disciplines involved in "positive security," measures by which one's own society collects information on its actual or potential security, complement security. For example, when communications intelligence identifies

6935-419: The parties involved to reach a unanimous consensus on a multilateral agreement. A NDA can protect any type of information that is not generally known. They may also contain clauses that will protect the person receiving the information so that if they lawfully obtained the information through other sources they would not be obligated to keep the information secret. In other words, the NDA typically only requires

7030-451: The parties wish to share with one another for certain purposes, but wish to restrict access to. Doctor–patient confidentiality (physician–patient privilege), attorney–client privilege , priest–penitent privilege and bank–client confidentiality agreements are examples of NDAs, which are often not enshrined in a written contract between the parties. It is a contract through which the parties agree not to disclose any information covered by

7125-447: The perspective of one's own intelligence service, exploiting the situation to the advantage of one's side is usually preferable to arrest or actions that might result in the death of the threat. The intelligence priority sometimes comes into conflict with the instincts of one's own law enforcement organizations, especially when the foreign threat combines foreign personnel with citizens of one's country. In some circumstances, arrest may be

7220-515: The popular misconception that counterintelligence is essentially a negative and responsive activity, that it moves only or chiefly in reaction to situations thrust upon it and in counter to initiatives mounted by the opposition." Rather, he sees that can be most effective, both in information gathering and protecting friendly intelligence services, when it creatively but vigorously attacks the "structure and personnel of hostile intelligence services." Today's counterintelligence missions have broadened from

7315-653: The potential of talent programs as a policy tool for countries to attract expatriate scientists and promote their productivity." Counterintelligence Counterintelligence ( counter-intelligence ) or counterespionage ( counter-espionage ) is any activity aimed at protecting an agency's intelligence program from an opposition's intelligence service. It includes gathering information and conducting activities to prevent espionage , sabotage , assassinations or other intelligence activities conducted by, for, or on behalf of foreign powers, organizations or persons. Many countries will have multiple organizations focusing on

7410-421: The processes used in each other's business for the purpose of evaluating the potential business relationship. NDAs can be "mutual", meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party. An employee can be required to sign an NDA or NDA-like agreement with an employer, protecting trade secrets. In fact, some employment agreements include

7505-487: The program including misappropriated grant funding, poor accommodations, and violations of research ethics. Concerns were raised because some TTP contracts contain non-disclosure agreements that forbid informing the home university or home government of the award. Dismissals due to undisclosed connections to the TTP have taken place. In 2019, executives and researchers at the H. Lee Moffitt Cancer Center & Research Institute resigned following scrutiny into their links with

7600-410: The program's efficacy and impact have been mixed. Although the program has successfully attracted top international talent to China, its efficacy in retaining these talented individuals has been questioned, with many of the most talented scientists willing to spend short periods in China but unwilling to abandon their tenured positions at major Western universities. A study published in 2023 concluded that

7695-469: The program, according to research by Australian Strategic Policy Institute . The Thousand Talents Plan professorship is the highest academic honor awarded by the State Council, analogous to the top-level award given by the Ministry of Education . The program confers the prestigious title of "Thousand Talents Plan Distinguished Professor" (千人计划特聘教授) or "Junior Thousand Talents Plan Professor" upon

7790-401: The purpose of detecting FIS agents, involving screening and debriefing of non-tasked human sources, also called casual or incidental sources. such as: Physical security is important, but it does not override the role of force protection intelligence... Although all intelligence disciplines can be used to gather force protection intelligence, HUMINT collected by intelligence and CI agencies plays

7885-644: The receiving party to maintain information in confidence when that information has been directly supplied by the disclosing party Some common issues addressed in an NDA include: Deeds of confidentiality and fidelity (also referred to as deeds of confidentiality or confidentiality deeds) are commonly used in Australia . These documents generally serve the same purpose as and contain provisions similar to NDAs used elsewhere. NDAs are used in India . They have been described as "an increasingly popular way of restricting

7980-734: The region and the potential threat it posed to the British position in India , the Indian Civil Service built up a system of surveillance, intelligence and counterintelligence. The existence of this shadowy conflict was popularized in Rudyard Kipling 's famous spy book , Kim (1901), where he portrayed the Great Game (a phrase Kipling popularized) as an espionage and intelligence conflict that "never ceases, day or night". The establishment of dedicated intelligence and counterintelligence organizations had much to do with

8075-506: The responsibility for protecting these things is split. Historically, CIA assigned responsibility for protecting its personnel and operations to its Office of Security, while it assigned the security of operations to multiple groups within the Directorate of Operations: the counterintelligence staff and the area (or functional) unit, such as Soviet Russia Division. At one point, the counterintelligence unit operated quite autonomously, under

8170-408: The scholars were on average in the top 15% of productivity (albeit not top caliber) caliber and outperformed overseas peers in last-authored publications because of better access to resources in China. In August 2020, Canadian Security Intelligence Service (CSIS) warned both Canadian universities and Canadian research institutions of the TTP, saying that it recruited researchers and scientists around

8265-503: The scope of their agreement does not go beyond what is necessary to protect commercial information. In the case of Jones v Ricoh , heard by the High Court in 2010, Jones brought an action against the photocopier Ricoh for breach of their confidentiality agreement when Ricoh submitted a tender for a contract with a third party. Ricoh sought release from its obligations under the agreement via an application for summary judgment , and

8360-557: The selected individuals, and provides benefits including this prestigious title, high pay, and visa privileges. The program is the first ever to enable individuals of extraordinary ability to gain access to Chinese immigration visas, including "long-stay visas." The program provides a one-time bonus of 1 million RMB to select individuals, substantial resources for research and academic exchange, and assistance with housing and transportation costs. Thousand Talents scholars are eligible for high levels of Chinese government funding. Participants in

8455-404: The services need to mitigate risk with appropriate countermeasures. FIS are especially able to explore open societies and, in that environment, have been able to subvert insiders in the intelligence community. Offensive counterespionage is the most powerful tool for finding penetrators and neutralizing them, but it is not the only tool. Understanding what leads individuals to turn on their own side

8550-513: The set of actions taken against military personnel and family members, resources, facilities and critical information, and most countries have a similar doctrine for protecting those facilities and conserving the potential of the forces. Force protection is defined to be a defense against deliberate attack, not accidents or natural disasters. Counterintelligence Force Protection Source Operations (CFSO) are human source operations, normally clandestine in nature, conducted abroad that are intended to fill

8645-580: The time when the threat was restricted to the foreign intelligence services (FIS) under the control of nation-states. Threats have broadened to include threats from non-national or trans-national groups, including internal insurgents, organized crime, and transnational based groups (often called "terrorists", but that is limiting). Still, the FIS term remains the usual way of referring to the threat against which counterintelligence protects. In modern practice, several missions are associated with counterintelligence from

8740-463: The work of Indian revolutionaries collaborating with the Germans during the war. Instead of a system whereby rival departments and military services would work on their own priorities with little to no consultation or cooperation with each other, the newly established Secret Intelligence Service was interdepartmental, and submitted its intelligence reports to all relevant government departments. For

8835-492: The world to persuade them to share their research and technology — either willingly or by coercion. In June 2023, the Seoul Metropolitan Police Agency arrested a Chinese TTP researcher on espionage charges for allegedly stealing thousands of files relating to medical robot technology. The success of the program in recruiting U.S.-trained scientists back to China has been viewed with concern from

8930-670: Was Captain Sir George Mansfield Smith-Cumming alias "C". The Secret Service Bureau was split into a foreign and counter-intelligence domestic service in 1910. The latter, headed by Sir Vernon Kell , originally aimed at calming public fears of large-scale German espionage. As the Service was not authorized with police powers, Kell liaised extensively with the Special Branch of Scotland Yard (headed by Basil Thomson ), and succeeded in disrupting

9025-619: Was reported that the National Institutes of Health had investigations into the behavior of 189 scientists. In November 2020, Song Guo Zheng, a TTP participant, pled guilty to making false claims to the FBI about his ties to the Chinese government during his employment at Ohio State University . In November 2019, the US Senate Permanent Subcommittee on Investigations and Committee on Homeland Security and Governmental Affairs held an open hearing on

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