Category Archives: Legislation

Thousand Talents = J Visa = Espionage = Stupid

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It was just this morning that I sent a text to a former CIA operative asking if he was comfortable with the FBI being the lone government agency tracking foreign spies operating in the United States. His reply was NO. Sigh…My gut was telling me that espionage in the United States is out of control and while performing some research for about an hour, it IS out of control. Understand foreign operatives come from several countries into the United States using several visa methods and for the sake of this article, the concentration will be on China. It is a sure bet however, the same techniques are used by other rogue countries that just are for sure either best described as adversaries or enemies of our homeland.

So, back to the question of the FBI being the lone tracking government agency. One of the first Reuters articles had this headline: FBI wishes it had acted quicker as China stole intellectual property

The admission by John Brown, assistant director of the Counterintelligence Division at the FBI, backed up a Senate subcommittee report that found federal agencies had responded too slowly as China recruited the researchers, leaving U.S. taxpayers unwittingly funding the rise of China’s economy and military. Despite China’s announcement in 2008 of the Thousand Talents Plan – for which China had originally hoped to recruit 2,000 people but ended up recruiting more than 7,000 by 2017 – the FBI did not respond strongly until last year, the report released on Monday by the Senate’s Permanent Subcommittee on Investigations found. 

Just a few days before that Reuters’ article there was this headline: U.S. charges Chinese national with stealing trade secrets

Haitao Xiang, 42, an employee of Monsanto and its Climate Corp subsidiary from 2008 to 2017, was stopped by federal officials at a U.S. airport before he could board a flight to China carrying proprietary farming software, the department said in a statement.

“The indictment alleges another example of the Chinese government using Talent Plans to encourage employees to steal intellectual property from their U.S. employers,” Assistant Attorney General John Demers said.

Notice 9 years of employment above. Sigh. Read on, there is more.

US prosecutors have accused a tour guide of picking up US security secrets and delivering them cloak-and-dagger-style to Beijing. From October 2015 to July 2018, an FBI double agent conducted “dead drops,” in which, authorities say, Peng fetched information in the San Francisco Bay Area and Columbus, Georgia. Authorities say the double agent, identified only as “the Source,” went to the FBI in 2015, after the State Security Ministry tried to recruit him as a spy by telling him that he could rely on “Ed,” who had family and business dealings in China. As officials grapple with the threat of infiltrators trying to steal information from US companies, prosecutors have opened multiple cases against people suspected of spying for China. Last October, prosecutors charged a spy with attempting to steal trade secrets from several US aviation and aerospace companies.

Just last week in the Senate, the Homeland Security Committee Chairman, Portman held a hearing. Finding a summary from the hearing on the FBI website was the following:

Time and time again, the Communist government of China has proven that it will use any means necessary to advance its interests at the expense of others, including the United States, and pursue its long-term goal of being the world’s superpower by 2049. Among its many ways of collecting information, prioritized in national strategies such as the Five-Year Plan, the Chinese government oversees expert recruitment programs known as talent plans. Through these programs, the Chinese government offers lucrative financial and research benefits to recruit individuals working and studying outside of China who possess access to, or expertise in, high-priority research fields. These talent recruitment programs include not only the well-known Thousand Talents Plan but also more than 200 similar programs, all of which are overseen by the Chinese government and designed to support its goals, sometimes at U.S. taxpayers’ expense. Read on here.

Senate report accuses China of technology theft | NHK ...

200 similar programs? WHAT?

The Thousand Talents program is nothing more than a espionage recruiting operation. This past September, the FBI arrested Zhongsan Liu who was operating a front operation in New Jersey called the China Association for International Exchange of Personnel. According to the criminal complaint, Liu beginning in 2017 used the company to fraudulently procure U.S. visas for for many Chinese officials under J-1 research. Liu has actually led this front group however for 26 years. The program among others were created and directed by the Chinese government’s State Administration of Foreign Expert Affairs. Liu is a senior official of that agency. He also worked at the Chinese embassy in Washington and at the consulate in New York while this recruiting operation was going on.

“Chinese government sources claim over 44,000 highly skilled Chinese personnel have returned to China since 2009 through talent plans,” the report said. “As noted by China Daily, which is owned by the Chinese Communist Party: ‘China has more than 300 entrepreneurial parks for students returned from overseas. More than 24,500 enterprises have been set up in the parks by over 67,000 overseas returnees.'”

According to the Pentagon’s latest annual report on the Chinese military, the Thousand Talents Plan is used to bolster the People’s Liberation Army military buildup.

“China uses various incentive strategies to attract foreign personnel to work on and manage strategic programs and fill technical knowledge gaps, including the ‘Thousand Talents Program,’ which prioritizes recruiting people of Chinese descent or recent Chinese emigrants whose recruitment the Chinese government views as necessary to Chinese scientific and technical modernization, especially with regard to defense technology,” the report said.

The program of China’s Thousand Talents is really an unadvertised method to facilitate the legal and illicit transfer of U.S. technology, intellectual property and know-how as summarized by the National Intelligence Council.The NIC is a midterm and long term strategic thinking center formed in 1979. That report is found here. It is dated 2018 and titled: How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World

Do we really want a trade deal after all this with China? It can be argued that the trade has already taken place by China’s theft. This all complicates the bi-lateral signing of a trade deal between the United States and China or does it in the end?

Basic qualifications for the Thousand Talents program include the following:

1. Basic Qualifications for Candidates

The Recruitment Program for Innovative Talents (Long Term) targets people under 55 years of age who are willing to work in China on a full-time basis, with full professorships or the equivalent in prestigious foreign universities and R&D institutes, or with senior titles from well-known international companies or financial institutions.

2. Preferential Policies and Treatments

Awardees will be conferred the title of “National Distinguished Experts” and be provided with enabling working and living conditions.

(1) Enabling working conditions

Awardees are entitled to assume some leadership, professional or technical positions in universities, R&D institutes, central SOEs as well as state-owned commercial and financial institutions; to serve as project principals of the National Key Scientific and Technological Projects, “863 Program”(or the National High-tech R&D Program), “973 Program”(or the National Program on Key Basic Research Project), the National Nature Science Fund Projects; to apply for S&T funds and industrial development funds from government to support scientific research as well as production and operating activities in China; to participate in the consultation and demonstration of China’s major projects, the formulation of key scientific research plans and national standards, the construction of major projects, etc; to determine the expenditure and employment within the prescribed scope of responsibilities as project principals; to be engaged in various domestic academic organizations and the election of academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering(foreign academicians) and become the candidates of a wide range of government rewards.

(2) Special living benefits

Awardees as well as their spouses and minor children with alien nationality may apply for “Permanent Residence for Aliens” and/or multiple entry visas, the validity of which lasts 2-5 years. Awardees with Chinese citizenship will be free to settle down in any city of their choice and will not be restricted by his or her original residence registry. Each awardee shall receive a one-off, start-up package of RMB 1 million yuan from the nation’s central budget; be entitled to medical care, social insurance including pensions, medical insurance and work-related injury insurance; and may purchase one residential apartment for personal use. The housing and meal allowance, removing indemnity, home-leave-subsidy, and children-education-allowance in the wage income in Chinese territory within 5 years shall be deducted before taxes in accordance with relevant laws and regulations. Employers have to offer job opportunities to spouses, and children will have guaranteed admission to schools. The income level should be decided on their previous jobs overseas through negotiation with due living allowances.

(3) Key points of the Recruitment Program of Global Experts in the Field of Liberal Arts and Social Science

By the end of 2010, overseas high-level scholars in fields of liberal arts and social sciences, particularly urgently needed professionals specialized in Intellectual Property Law, Environment and Resources Protection Law, International Law, Diplomacy, Psychology etc. are eligible to apply for the Key National Innovative Projects. People who are introduced by this program shall support the Communist Party of China and the socialist system, maintaining compliance with the Constitution, laws, regulations and policies of the People’s Republic of China, with full professorships or the equivalent in prestigious foreign universities, R&D institutes and other institutions of art and culture, enjoying a high global reputation and being influential in their academic fields which are urgently needed in China; they shall be within 60 years of age, andd willing to work in China on a full-time basis.

With regard to application procedures, the “Liberal Arts and Social Sciences” plan is a subdivision of “The Recruitment Program for Key Disciplines”. Overseas talents are required to sign an employment contract or a letter of intention for talent recruitment with employers before applying for the Program. Please refer to the application procedures of “The Recruitment Program for Innovative Talents (Long Term)”.

 

 

 

Trump Should Eliminate 2 Agencies

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Formed in 1947, The National Security Council  is the President’s in house forum for national security and foreign policy matters. The President also has the ‘President’s Intelligence Advisory Board which is to assess intelligence collection and activities. The operating budget is unknown but it is estimated to be in the range of $18 billion.

The 1947 National Security Act established the NSC in order to “advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the government to cooperate more effectively in matters involving the national security.” Presidents have latitude to structure and use the NSC as they see fit. In practice, the NSC staff’s activities now extend somewhat beyond providing policy advice. First, as one former NSC official notes, “White House involvement is often needed for precise execution of policy, especially when secrecy is required to perform delicate tasks.” Second, the rise in strategic importance of transnational threats such as terrorism and narco-trafficking, along with post-Cold War military campaigns in the Balkans, Iraq and Afghanistan, have increasingly necessitated “whole of government” responses that leverage diplomatic, military, and development tools from a variety of different U.S. government agencies. The NSC often coordinates such responses, and as the international security environment has become more complex, whole-of-government responses to individual crises have become more frequent, translating into even greater NSC involvement. This is leading many scholars and practitioners to question the appropriate size, scope and role for the NSC.

Much has changed since 1947 especially under the GW Bush administration and then later under the Obama administration where the size of the NSC grew dramatically with approved appropriations from Congress. The NSC appears to have an estimated 400-500 people assigned. With this size of agency heads on the Council, staffers, lawyers and rotations, how can there be any real control? Are there misguided agendas inside the Council? For sure. What about leaks? Oh yes. At least 3 people assigned to the NSC have been fingered as leakers or whistle-blowers since Trump became President. An estimated 80% of the NSC staff comes from the CIA, the State Department and the Pentagon.

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There are competing agencies inside the Federal government, think tanks, non-government agencies and the entire diplomatic wing as well as the agencies operating under what is commonly referred to as the IC= intelligence community. This agency is simply redundant and has overlapping policies.

Speaking of redundant, the next agency that should be eliminated is the DNI, know as the Director of National Intelligence, created in 2004. It is currently headed by Joseph Maguire. It oversees 16 other intelligence agencies, advises the President and produces the PDB, the Presidential Daily Briefing which is also shared with several other officials that are cleared to receive it. DNI was recommended by the 9/11 Commission report due to intelligence failures leading up to the attack on the United States. The annual budget for DNI is estimated to be in the range of $90 billion and there are over 2000 employees. There are 6 centers and 15 offices where the NIP, National Intelligence Program resides.

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There are four directorates, each led by a deputy director of national intelligence:

Enterprise Capacity Directorate
Mission Integration Directorate
National Intelligence Council
National Security Partnerships Directorate
Strategy & Engagement Directorate
Intelligence Advanced Research Projects Activity

There are four mission centers, each led by a director of that center:

Cyber Threat Intelligence Integration Center
National Counterproliferation Center
National Counterterrorism Center
National Counterintelligence and Security Center

There are also four oversight offices:

Office of Civil Liberties, Privacy and Transparency
Office of Equal Employment Opportunity & Diversity
Office of the Intelligence Community Inspector General
Office of General Counsel

For sure many things have changed with regard to national security and foreign relations since 1947 but it can be argued that confusion ensues with all the competing departments. There is the matter of the ongoing Overseas Contingency Operation, Cyber wars and now the military frontier of Space.

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So the solution is to eliminate these two agencies and concentrate the work on the DIA, Defense Intelligence Agency. The DIA is in fact an intersection of the Department of Defense, the Intelligence Community, mobilized warfighters, policy-makers and force-planners including weapons systems acquisitions. DIA also covers, history, doctrine, economics, chemistry, asymetrical capabilities, cyber and political science.

Do you see the need for streamlining, control, management, and eliminating competing challenges? Perhaps this is but one solution to stopping leaks, draining more of the swamp, achieving concise intelligence and policy.

 

Project Nightingale, Shame on Govt and Google

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Nobody was told or knew. WTH? Consent is not required. Yeesh

Google is NOT responding to media inquiries either.

Google is reportedly gathering health data on millions of ...

At least 150 Google employees are assigned to this secret program where they have full access. What about the Ascension employees? What about ethics and HIPAA laws? What about Nancy Pelosi and all those Democrats, only democrats that voted for Obamacare? Seems the very small mice type inside the HIPAA law does in fact allow portability of private health information without the patient’s knowledge or approval.

Everyone involved is preaching full legal compliance and this is all allegedly for AI, artificial intelligence operations. If you go asking questions, all this is housed in the Google cloud system.

By the way, Ascension is a Catholic chain of 2600 hospitals.

Google has partnered with one of the largest health care systems in the country to collect data on millions of American patients, The Wall Street Journal reported Monday.

The venture, called Project Nightingale, allows Google to obtain access to personal health care data from Americans across 21 states through its partnership with Ascension, people familiar with the matter told the Journal, which also relied on internal documents for its report.

The data Google has access to includes lab results, doctor diagnoses, hospitalization records and health histories with names and date of births. Neither patients nor doctors were informed that Google was collecting the data, according to the Journal, and at least 150 Google employees have access to the information.Ascension, based in St. Louis, is the second-largest health care system in the country. Google started the project with Ascension last year with the goal of using the data to create new software based on artificial intelligence and machine learning for patients to make their own recommendations for their care.

The Hill has reached out to Google and Ascension for comment.

Big tech companies such as Amazon, Apple and Microsoft have all made efforts to dig into the health care industry, but they haven’t reached a deal this extensive, according to the Journal.

Questions have been raised about whether Google’s actions broke federal law, but privacy experts say it doesn’t.

The experts reference the Health Insurance Portability and Accountability Act of 1996 that says data can be shared with business partners without consent of the patient “only to help the covered entity carry out its health-care functions,” the Journal reported.

 

Erdogan of Turkey to Visit Trump White House

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This visit is on and off and maybe on again. The meeting is scheduled the same day as the open impeachment inquiry hearings begin.

President Erdogan is angry with the United States due to Congress moving legislation to apply sanctions that would affect Turkey as a result of the invasion into Syria.

Turkey has been threatening Europe, especially Germany with more migrants and Chancellor Merkel capitulated. Erdogan is in fact deporting what he calls ISIS fighters to their home countries including the United States. Stating that Turkey is not a hotel, even if the home country has revoked citizenship, he is deporting them.

Now that Erdogan feels like he is in the driver’s seat, he has been also bombing Iraq as recently as last week.

On Tuesday morning Turkish air strikes targeted Kurdish forces on Sinjar Mountain in northern Iraq.

According to initial reports, the Turkish Air Force struck at bases used by the Kurdistan Workers Party, or PKK, and its ally, the Yazidi Shingal Protection Units.

If Erdogan does meet President Trump it is going to be an interesting session. Trump is slated to confront Erdogan about buying the Russian air defense system and the recent three sanctions that Trump lifted could easily be applied again. Tensions are in fact high.

This is what happened the last time Erdogan was in Washington DC.
U.S. Secret Service agents were among those attacked during the May 16, 2017 protests. Two Diplomatic Security special agents, six U.S. Secret Service officers and one MPD officer sustained multiple injuries, with at least one taken to the hospital.

THAWING TIES: Erdogan to meet Trump | Local News for ...

Just last month, the House of Representatives passed a resolution 405-11 reaffirming the United States’ condemnation of “the killing of 1.5 million Armenians by the Ottoman Empire from 1915 to 1923.”

“Whereas Raphael Lemkin, who coined the term genocide in 1944, and who was the earliest proponent of the United Nations Convention on the Prevention and Punishment of Genocide, invoked the Armenian case as a definitive example of genocide in the 20th century,” the resolution states.

Turkey does not recognize the loss of 1.5 Armenians as genocide.

Meanwhile, a closer look at Turkey reveals the following:

 

  • In Germany, Turkey controls 900 mosques out of a total of 2,400. These Islamic centers not only serve members of the Turkish diaspora, but also stop them from assimilating into German society. Speaking with Turks in Germany, Erdogan urged them not to assimilate, and called the assimilation of migrants in Europe “a crime against humanity.”
  • Erdogan has also been expanding Turkey beyond its borders – starting with Cyprus, the Greek Islands, Suakin Island (Sudan) and Syria.
  • Mosques, migrants and the military are now Erdogan’s new weapons in his threats against the West.

Erdogan is the head of NATO’s second-largest army; he has spies throughout Europe through a network of mosques, associations and cultural centers; he has brought his country to the top of the world rankings for the number of imprisoned journalists and has shut the mouth of German comedians with the threat of legal action. By keeping migrants in Turkish refugee camps, he controls immigration to Europe.

The worse Erdogan behaves, the greater his weight in Europe. In a 2015 meeting, Erdogan reportedly was “openly mocking” European Commission President Jean-Claude Juncker and other “senior European leaders”, as Juncker asked Erdogan to consider how he was treated “like a prince” at a Brussels summit.

Turkey’s 2018 military budget increased to $19 billion, 24% higher than 2017, according to a report by the Stockholm International Peace Research Institute. Erdogan has placed Turkey’s military — once a bastion of Turkish nationalism and secularism — under his political authority. While Europe is pacifist and refuses to invest in its own security or, like Germany, support NATO’s budget, Turkey is belligerent.

Ever since his Justice and Development Party (AKP) became Turkey’s dominant political force in 2002, for Erdogan, elevating the public role of Islam has been more than a slogan. At public gatherings, the Turkish president has made the “rabia“, a hand gesture of four fingers raised and the thumb hidden, to protest the overthrow of Egypt’s Islamist then President Mohamed Morsi by Egypt’s military. Erdogan evidently sees himself as a global Islamic leader with national elections to win. Through four million Turkish Muslims in Germany and vast communities in the Netherlands, France, Austria and beyond, Erdogan does indeed have enormous influence in Europe.

Erdogan has also been expanding Turkey beyond its borders – starting with Cyprus, the Greek Islands, Suakin Island (Sudan) and Syria. “We are a big family of 300 million people from the Adriatic to the Great Wall of China”, Erdogan said in a recent speech from Moldova. The borders of Turkey, he stated in Izmir, span “from Vienna to the shores of the Adriatic Sea, from East Turkistan (China’s autonomous region of Xinjiang) to the Black Sea”. More here.

 

CA Prop 47 Made Theft out of Control

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Clean out your cars every night, watch shoplifters with calculators and stop UPS deliveries to your home.
Swell huh? Speaker Pelosi must be proud…same with Senator Dianne Feinstein.

Overview

Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors. Second, it authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.

Felony convictions resentenced or reclassified as misdemeanors under the proposition are considered misdemeanors for all purposes, except that such relief does not permit the person to own, possess, or have in his or her custody or control any firearm.

Early Impacts of Proposition 47 on the CourtsPDF file type icon

California superior courts received more than 200,000 petitions for resentencing or applications for reclassification during the first 13 months after voters approved Proposition 47. A report prepared by Judicial Council staff, highlights the impacts of the ballot measure on the courts during the first year of implementation.

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Since the passage of the infamous Prop 47 five years ago, then marketed by California Democrats as the “Safe Neighborhoods and Schools Act,” theft has increased across the state, as organized crime rings have transformed ordinary shoplifting into a lucrative and sophisticated operation. It’s likely no coincidence that San Francisco now has the highest rate of property crime of America’s twenty largest cities.

Passed in 2014, Prop 47 was allegedly designed to emphasize rehabilitation and keep non-violent offenders out of the state’s already packed prisons by reducing certain non-violent felonies to mere misdemeanors. For instance, a thief can now steal twice as much as he or she formerly could before facing a felony charge. But thieves and organized crime gangs capitalized on this loophole. In other words, Prop 47 is now a mechanism for gangs to immunize themselves from felony charges.  In cities like Vacaville, CA, just outside of the state’s capital, theft has more than doubled, and police believe Prop 47 is to blame.

According to the National Retail Federation’s 2018 survey on Organized Retail Crime (ORC), this jump is in petty theft as a result of relaxed laws is common (and given its ubiquity, should now be expected).

In states where the felony threshold has increased, over half report an increase in ORC case value. None reported a decrease. It appears that ORC criminals understand the new threshold and have increased their thefts to meet it.

Rachel Michelin, who currently serves as President of the California Retailers Association, explained to Fox News the crude savviness of the latest generation of shoplifters. “[Shoplifters] know what they’re doing. They will bring in calculators and get all the way up to the $950 limit.” She continued. “One person will go into a store, fill up their backpack, come out, dump it out and go right back in and do it all over again.”

The relaxation of penalties, combined with selective enforcement to focus on more “serious” crime, has seemingly been disastrous for the state’s larger cities. Although Prop 47 was championed by the state’s Democratic overlords, as well as by the American Civil Liberties Union (ACLU), many attribute California’s growing property crime problem to lax initiatives like this one.

As Del Seymour of the non-profit Code Tenderloin emphasized to Fox News, the theft patterns in the city are a mix of international gangs, usually from Mexico or Guatemala, as well as homeless addicts looking to secure enough money to finance their next fix. The stealing and handoffs often take place in broad daylight and ironically, right in front of San Francisco City Hall. When I lived in San Francisco, City Hall was infamous for being a beehive of illicit activities and an area best avoided at all times of day.

Oddly enough, unrelated measures, like the additional charge for plastic bags, have made it more difficult for store owners to spot theft, given the frequency with which shoppers now simply throw items into their purses or backpacks after purchase. As Michelin noted, this type of behavior now allows shoplifters to “fit in” with the paying customers.  Michelin predicts that stores will increasingly turn to locking up their products for fear of theft.

The jump in retail theft is just one part of the picture when it comes to property theft in the state. According to the San Francisco Police Department, there is a car break-in every 22 minutes in the city, resulting in the formation of neighborhood “vigilantes” devoted to stopping break-ins. A 2018 study from the Public Policy Institute found evidence that Prop 47 was a contributing factor in the almost 20 percent-increase in car break-ins from 2014 to 2016.  It seems the rampant property crime in the city is creating a dystopian hellscape that the cops haven’t been awarded the authority to address.

CHAOS: California’s Prop 47 Gives ‘Green Light’ to ...

California voters may have had enough. In 2020, California residents will vote on whether to rollback the reforms implemented under Prop 47 in the hopes of reinstating the deterrents that fell by the wayside under the auspices of the state’s Democratic leadership.

When I lived in San Francisco’s fabled Bernal Heights, I was instructed to empty my car each night to discourage thieves from smashing my windows. There were some evenings I would forget after a long commute home, and I would hold my breath walking to my vehicle in the morning, always relieved to see that the windows were still intact (I detail my San Francisco trials here). If California voters are smart, perhaps San Francisco’s next generation of residents won’t have to feel terrorized by the constant barrage of petty crime. Hat Tip Federalist