Profiling

Date Category Activity Description
2015/05/21 Community
Fact Sheet
Fact Sheet

09/04/2015 Community Joint Letter to the Attorney General
2015/09/04 Community Joint Letter to the Attorney General

2015/11/16 Joint NCAPA and NAPABA Letter
2015/11/16 Joint NCAPA and NAPABA Letter

2016/01/08 Online Petition by Concerned Scientists, Engineers and Professors
2016/01/08 Online Petition by Concerned Scientists, Engineers and Professors

Actual DOJ Rule Changes
2016/04/30 Actual DOJ Rule Changes

2016/05/15 Collateral Damage
2016/05/15 Collateral Damage
FACT SHEET
Asian Law Caucus: Know Your Rights – Stop Unfair Treatment of Chinese American Academics and Scientists
Asian Law Caucus and UC Berkeley Law School: Civil Rights Outreach Project (CROP)

2015/05/09 New York Times: Accused of Spying for China, Until She Wasn’t
2015/05/21 Congressional Press Conference: Committee of 100 statement
2015/09/04 Joint Community Letter to Attorney General in support of Congressional Inquiry on Profiling
2015/09/15 New York Times: The Rush to Find China’s Moles
2015/09/15 Community Press Conference: Committee of 100 Statement
2015/09/16 Committee of 100: Trade Secrets and Economic Espionage: Legal Risks in Advancing Technology between the U.S. and China
2015/09/20 侨报: 间谍错控案 华裔社团吁司法部彻查
2015/09/28 The Hill: Not all Chinese are economic spies
2015/10/13 Pittsburgh Post-Gazette: Is DOJ focus on Chinese espionage racial profiling?
2015/10/17 【水木燕园座谈会】 The Case of Xiaoxing Xi – Are Asian Americans Profiled?
        Jeremy Wu: The Case of Xiaoxing Xi: Are Asian American Scientists Profiled?
        Video Link (01:18:02)
2015/10/21-23 Seminar on SPIES or STEREOTYPES: The Case of Professor Xiaoxing Xi – Are Asian American Scientists Profiled as Economic Espionage Threats?
        10/21 Stanford University
        10/22 UC Berkeley
        10/23 UC Hastings Announcements in English|简体|繁體
2015/11/12
        Science Magazine: Feature: Chinese-American scientists in the crosshairs
        Washington Post: Chinese-Americans are being caught mistakenly in the U.S.’s cybercrime dragnet
2015/11/16 NCAPA Statement and Community Letter: 70+ Asian Pacific American, Civil Rights, and Civil Liberties Organizations Urge U.S. Attorney General to Investigate Possible Profiling of Asian American Scientists
2015/11/18 American Physical Society: Lawmakers Condemn Targeting of Chinese-American Scientists
2015/11/19 Vice News: Why Does the FBI Keep Arresting Asian-American Scientists?
2015/11/24
        世界新聞網: 華人屢遭誣告…主流也打抱不平
        NBC News: Calls for Investigation Over Alleged Profiling of Chinese-Americans Scientists Grow
2015/12/10 美国之音: 陈霞芬郗小星案律师:华裔身份是主要原因
        Video Link: (33:20)
2015/12/16 Association of Chinese American Professors and Scientists at the University of Maryland: Letter to Attorney General Lynch
2016/01/08 Online petition by Concerned Scientists, Engineers and Professors to the Attorney General: We Want An Independent Investigation
2016/01/10 The Chronicle of Higher Education: The Spy Who Wasn’t (subscription required)
2016/01/25
        Jeremy Wu: A Web-Based Resource on China-Related Federal Prosecutions of Economic Espionage and Trade Secrets
        Washington Post: How David Petraeus avoided felony charges and possible prison time
2016/01/26 Asia Times: Wizards of Washington exaggerate role of China in economic espionage
2016/01/29
        新世界时报:在美华人科学家和商人如何规避法律风险
        尖峰时刻 – AM1300电台: 于浩談華裔窃密及逃犯
2016/02/02 China Daily: Chinese-American scientists should not be singled out unfairly
2016/02/16 San Jose Mercury News: Chinese-American professionals wage civil rights movement against U.S. spying accusations
2016/03/04 Society of Chinese Bioscientists in America: Letter to Attorney General Lynch
2016/04/26 New York Times: After Missteps, U.S. Tightens Rules for Espionage Cases
2016/04/27 NBC News: Advocates Say Espionage Case Rule Changes Fall Short for Previously Accused Scientists
2016/04/30 Jeremy Wu: Actual Changes in Department of Justice Rule
2016/05/04 Los Angeles Times: Is racial bias to blame for the high number of Asian Americans charged with espionage?
2016/05/14 Huffington Post: Racial Profiling: Doing Science While Asian American
2016/05/15
        CBS 60 Minutes: Collateral Damage
        Wall Street Journal: Fired Worker Files Complaint After Spy Case Dropped
        Petition to President Obama and Attorney General Lynch: OBAMA, DOJ: STOP RECKLESS PROSECUTIONS BASED ON RACE
2016/05/16 Philly.com: A year later, Temple professor haunted by spying allegations
2016/06/21 NCAPA: Coalition Letter Calling for DOJ IG Independent Investigation
2016/08/16 NPR: The Fine Line Between Countering Security Threats And Racial Profiling
2016/09/23 Washington Post: Government lawyers don’t understand the Internet. That’s a problem.
2016/10/24 Financial Times: US nuclear secrets trial cools co-operation with China
2016/10/31 Los Angeles Times: The saga of the Chinese spies and the stolen corn seeds: Will it discourage economic espionage?

2015/05/21 U.S. Government
2015/05/21 Congressional Press Conference in the Cannon House Building
2015/05/21 Congressional Press Conference

2015/11/17 Congressional Press Conference
2015/11/17 Congressional Press Conference on Capitol Hill
2015/05/21 Press conference led by Congresspersons Ted Lieu, Judy Chu, and Mike Honda, House Cannon Building:
        Joint Congressional letter by 22 Members to Attorney General
        Committee of 100 statement
2015/07/27 Department of Justice: Response to Congressional Request of Investigations
2015/09/14 CAPAC: CAPAC Calls on DOJ and FBI to Examine Ethnic Profiling Practices
2015/10/22 CSPAN: Rep. Chu Questions FBI Director Comey on Wrongful Investigations of Chinese Americans
2015/11/05 Joint Letter by 42 Congressional Members: Requesting Attorney General Investigation into Wrongful Indictments Against Asian Americans for Alleged Espionage
2015/11/06 Los Angeles Times: Rep. Lieu joins call for Justice investigation of arrested Chinese American scientists
2015/11/07 National Public Radio: Discrimination Suspect In Chinese-American Scientists’ Arrests
2015/11/17
        CAPAC: CAPAC Joins Wrongly Accused Asian American Scientists to Call for Accountability from DOJ and an End to Profiling
        Letter to AG Lynch: by Senator Tom Carper and Representative John Carney
2015/11/23 U.S. Commission on Civil Rights calls for DOJ Investigation
        PR News: Press Release
        USCCR: Letter to the Attorney General
2015/12/04 Delaware Congressional Delegation: Letter to the Attorney General
2015/12/21 Department of Justice: Reply to Congressman Ted Lieu
2016/01/15 Department of Justice: Reply to Delaware Congressional Delegation
2016/02/29 Department of Jsutice: Reply to Congresswoman Judy Chu
2016/04/26 New York Times: After Missteps, U.S. Tightens Rules for Espionage Cases
2016/04/27 NBC News: Advocates Say Espionage Case Rule Changes Fall Short for Previously Accused Scientists
2016/05/13 CAPAC: CAPAC Members Demand Independent Investigation Into Cases Targeting Asian Americans
2016/07/15 U.S. Commission on Civil Rights: Calling DOJ IG to Conduct Independent Investigation
2016/08/11 DOJ/OIG: Letters to the USCCR and 81 Private Organizations Concerning Espionage Investigations and Prosecutions of Asian American and Pacific Islander Scientists
2016/08/30 FBI: The FBI’s Approach to the Cyber Threat
2016/10/25 MIT Technology Review: The Decline in Chinese Cyberattacks: The Story Behind the Numbers
2016/10/31 DOJ: DOJ Response to CAPAC OPR Letter
2017/03/08 FBI: Response to Congresswoman Judy Chu’s inquiry
2016/04/14 Allen Ho
Dr. Szuhiung “Allen” Ho
Allen Ho is a naturalized U.S. citizen born in Taiwan. He is a nuclear engineer and independent consultant.

2016/04/05 U.S. District Court: Indictment
2016/04/14 Department of Justice: U.S. Nuclear Engineer, China General Nuclear Power Company and Energy Technology International Indicted in Nuclear Power Conspiracy against the United States
2016/05/16 WBIR: FBI head: Unique case illustrates dangers of economic espionage
2016/06/08 Defense Motion: Pretrial Release on Conditions
2016/06/20 Knoxville News Sentinel: Employee of Chinese government has cause to flee, federal judge rules
2016/06/29 Defense Motion: Vacate Order of Detention
2016/08/10 Defense Motion: Supplemental Brief to Vacate Order of Detention
2016/08/11 The Guardian: Who is the US engineer accused of nuclear espionage?
2016/08/16 Knoxville News Sentinel: Judge to decide pre-trial freedom of engineer accused of buying nuclear know-how for China
2016/08/21 Defense Motion: Strike Government’s Supplemental Pleading Regarding Bail
2016/08/25 Bloomberg: FBI Files Say China Firm Pushed U.S. Experts for Nuclear Secrets
2016/08/30: The Tennessean: Feds renew attempt to keep suspect jailed in Chinese espionage case
2016/09/15 Pittsburgh Post-Gazette: Nuclear Secrets: The ex-Westinghouse employee accused of helping a foreign power
2016/10/24 Financial Times: US nuclear secrets trial cools co-operation with China
2017/01/03 USA Today: FBI: Accused spy has ‘vital’ intelligence on China
2017/01/06 Washington Post: U.S. used Cold War-era statute to prosecute Taiwanese American nuclear engineer
2017/01/15 Power Magazine: Feds Hammer Asian Engineer for Alleged Spying for China

2015/05/21 Xiaoxing Xi
Professor Xiaoxing Xi
Professor Xiaoxing Xi
Xiaoxing Xi is a naturalized U.S. citizen born in China. He was Chair and is current Professor of the Physics Department at Temple University.

Xiaoxing Xi Legal Defense Fund
2015/05/14 U.S. District Court: Indictment
2015/05/21 Department of Justice: University Professor Charged In Wire Fraud Scheme
2015/05/22 Philly.com Temple professor is Chinese spy: Justice Dept.
2015/09/11 Dismissal of All Charges
        U.S. District Court: Unopposed Dismissal of Indictment Without Prejudice
        New York Times: U.S. Drops Charges That Professor Shared Technology With China
2015/09/18 Philly.com: Days after spy charges were dropped, Temple professor talks at D.C. forum
2015/09/18 USA Today: To get my father, Xiaxoxing Xi, FBI twisted America’s Ideals: Joyce Xi
2016/01/14 Voice of America 蒙冤华裔教授郗小星回归工作
2016/03/21 Philly.com: Lawyer: U.S. won’t file new charges against Temple physics prof
2017/05/10 New York Times: Former Espionage Suspect Sues, Accusing F.B.I. of Falsifying Evidence
2017/05/10 Philly.com: Temple professor, once accused of spying for China, sues FBI agents
2017/05/11 NBC News: Scientist Formerly Accused of Spying Sues Alleging FBI Agent Falsified Evidence
2017/05/12 Mintpress News: Physics Professor Sues FBI Agent Over Now Debunked Espionage Charges
2017/05/15 Google Summary: Collection of Media Reports

2014/10/20 Sherry Chen
Xiafen "Sherry" Chen
Xiafen “Sherry” Chen

Ding Ging TV Interview February 2, 2016
02/02/2016 Ding Ding TV Interview
Xiafen “Sherry” Chen is a naturalized U.S. citizen born in China. She was a hydrologist at the National Weather Service.

Sherry Chen Legal Defense Fund
2014/09/22 NOAA: Army Corps hydrologist named new director of NOAA’s Great Lakes Environmental Research Laboratory
2014/10/16 U.S. District Court: Indictment
2014/10/20 FBI: NOAA National Weather Service Employee Indicted for Allegedly Downloading Restricted Government Files
2014/12/30 U.S. District Court: Email Exchanges in Question
2015/01/06 Washington Times: FBI eyes Chinese hacking of dams database
2015/03/10 Wall Street Journal: Government Drops Charges Against Federal Employee
2015/03/11 Dayton Daily News: Federal hacking case against NOAA hydrologist dismissed
2015/05/09 New York Times: Accused of Spying for China, Until She Wasn’t
2015/05/12 Washington Post: Falsely accused of spying, Weather Service employee’s life turned upside down
2015/10/02 Sherry Chen’s Response to Notice of Proposed Disciplinary Action Against Sherry Chen
2016/02/02 Ding Ding TV: 《硅谷看世界》華裔科學家陳霞芬商業間諜案始末
2016/02/16 Joint Event: Help Sherry Chen, Help Ourselves
2016/03/29 Asia Times: Sherry Chen’s dismissal is an indictment of racist federal government
2016/05/15 Wall Street Journal: Fired Worker Files Complaint After Spy Case Dropped
2017/03/02 Sherry Chen Legal Defense Fund: MSPB Hearing and Press Release
2017/03/03 Committee of 100: Committee of 100 Urges Community Support for Sherry Chen in Employment Discrimination Case
2017/03/04 Ohio Chinese American News: Lee Wong asks us to support Sherry Chen
2017/03/04 Ohio Chinese American Association: Sherry Chen MSPB Hearing 2017/03/05 Asian American Press: Support Sherry Chen in employment discrimination case
2017/03/07 NextShark.com American Scientist Sues U.S. Government After Being Accused of Spying For China
2017/03/08 World Journal: 遭诬控中国间谍 陈霞芬最后悔的是…
2017/03/13 Cincinnati CityBeat: Fired government hydrologist wants her job back after criminal charges dropped
2017/03/13 Asian American News: Rally to Support Sherry Chen Racial Discrimination Case Tuesday and Wednesday
2017/03/14 美国亚裔新闻局: 陈霞芬案听证会明天举行,多个华人社团出席并集会助威
2017/03/14 Asian Americans Advancing Justice: Asian Americans Advancing Justice Supports Sherry Chen in her Quest for Justice
2017/03/14 NBC News: Government Scientist Fired After Dropped Spying Charges Petitions for Reinstatement
2017/03/14 WLWT-TV5 NBC News: Woman wrongfully accused of being Chinese spy fights to get job back
2017/03/14 Cincinnati Enquirer:
Disgraced Chinese-American scientist fights to get her job back
2017/03/14 WCPO-9 ABC Cincinnati: Ohio scientist accused of spying wants her job back
2017/03/14 FOX19 Cincinnati: Ohio scientist cleared of espionage charges wants her job back
2017/03/14 香港东方日报: 華裔科學家控美無理解僱
2017/03/14 Sing Tao Daily: 宣傳「科學家不是間諜」 亞美公義挺陳霞芬尋求司法公正
2017/03/14 World Journal: 陈霞芬复职公听会启动 支持者到场声援
2017/03/14 CGTN-TV: Wrongfully accused of spying, Sherry Chen fights to get her job back
2017/03/15 中国侨网: 美国华人陈霞芬复职公听会启动 支持者到场声援
2017/03/16 China Daily: It’s about time scientist Sherry Chen got her job back
2017/03/17 美国亚裔新闻局: 亲历陈霞芬案听证会:见证美国华人历史新的里程碑
2017/03/18 Women of China: Chinese-American Female Scientist Demands Rehabilitation after Being Cleared from Espionage Charges
2017/03/18 Capital City Info: 见证美国华人维权历史新的里程碑 华裔科学家陈霞芬蒙冤案听证会开庭
2017/03/19 WKRC-12 CBS Cincinnati: Newsmakers: March 19, 2017
2017/03/23 ​Global Times: US’ politicizing exchanges hinders progress in aerospace
2017/03/27 Erin Chew: US Citizen Sherry Chen Wrongfully Accused Of Spying For China

2013/10/07 Guoqing Cao & Shuyu Li
Eli Lilly and Co.
Eli Lilly and Co.
Guoqing Cao and Shuyu Li are naturalized U.S. citizens born in China. They were biologists at the Eli Lilly and Company.

U.S. District Court: USA v. CAO et al
2013/10/08 IBJ: Lilly scientists stole $55 million in trade secrets, indictment alleges
2014/04/24 Fox59 News: Former Eli Lilly employees granted home detention in ‘trade secrets’ case
2014/12/05 IBJ: Feds drop case against former Lilly scientists accused of stealing secrets
2014/12/08 Wall Street Journal: Wire Fraud Charges Against Former Lilly Scientists are Dismissed

2013/03/13 Bo Jiang frank.wolf.oops
Rep. Frank Wolf
Bo Jiang is a Chinese National. He was a contract researcher at the Langley Research Center, National Aeronautics Space Administration (NASA). His case was unusual due to the direct interference of a U.S. Congressman.

Wikipedia
2013/03/19 CBS News: Update: NASA researcher arrested on China-bound plane
2013/03 Permanent: Chinese spy fear: NASA’s NTRS taken down by a Wolf
2013/05/02 NASA Watch: Attn Frank Wolf: Bo Jiang Had Porn – Not Secrets – on His Laptop
2013/05/03 Bloomberg News: Chinese Spy Suspect Pleads Guilty to Violating NASA Rules
2013/05/15 China-US Focus: For Chinese American Scientists, America is the Land of Opportunity to Go to Jail
2013/10/22 NASA IG Report: Bo Jiang’s Access to NASA’s Langley Research Center

2010/10/07 National Insider Threat Program
National Insider Threat Task Force
National Insider Threat Task Force

Edward R. Murrow vs Senator Joseph McCarthy
Edward R. Murrow vs Senator Joseph McCarthy

Congressman Ted Lieu Questions Office of National Intelligence
Congressman Ted Lieu Questions Office of National Intelligence
President Barrack Obama issued Executive Order 13587 on October 7, 2010, directing federal departments and agencies, with classified networks, to establish insider threat detection and prevention programs.

2010/10/07 White House: Executive Order 13587 — Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information
2012/11/21 White House: National Insider Threat Policy and the Minimum Standards for Executive Branch Insider Threat Programs
2013/06/10 CBS News: Thomas Drake: The dark side of data and the NSA
2013/06/20 mcclatchydc.com: Obama’s crackdown views leaks as aiding enemies of U.S.
2013/07/16 Federation of American Scientists: Insider Threat Policy Equates Leakers, Spies, Terrorists
2013/07/29 defenseone.com Obama’s Whistleblower Witchunt Won’t Work at DOD
2014/05/13-20 PBS Frontline: The United States of Secrets Part 1 & Part 2
        05/13 Part 1: How did the government come to spy on millions of Americans? (114:11)
        05/20 Part 2: FRONTLINE investigates how Silicon Valley feeds the NSA’s global dragnet (53:41)
2015/01/03 New York Times: F.B.I. Employees With Ties Abroad See Security Bias
2015/06/02 General Accountability Office Report 15-544: INSIDER THREATS DOD Should Strengthen Management and Guidance to Protect Classified Information and Systems
2015/07/16 General Accountability Office Report 15-543: INSIDER THREATS DOD Should Improve Information Sharing and Oversight to Protect U.S. Installations
2015/07/16 fcw.com: DOD looks to new analytics center to tackle insider threat
2016/02/18 Federal Register: Privacy Act: Implementation of Exemptions; Department of Homeland Security/ALL–038 Insider Threat Program System of Records
2016/03/09 Jeremy Wu: ALERT Reject The DHS Proposal
2016/03/22 80-20: Comment on DHS Proposal
2016/03/24 Committee of 100: Comment on DHS Proposal
2016/03/28
        Electronic Privacy Information Center: Comment on DHS Proposal
        OCA: Comment on DHS Proposal
2016/04/06 Government Accountability Project: Dissent is Dangerous: Insider Threat Defense and “The Snowden Affair”
2016/04/07 Federation of American Scientists: Insider Threat and Security Clearance Reform
2016/05/13 Rep. Ted Lieu: Questions Office of National Intelligence on Targeting of Asian Americans
2016/05/19
        Federal Register: Defense Department on Privacy Act of 1974; System of Records
        Regulations.gov: Department of Defense (DOD) Privacy Act Implementation
2016/05/27
        Nextgen.gov: Pentagon is Building Massive Hub of Insider Threat Data
        Holland & Knight: DSS Issues NISPOM Revisions Requiring Cleared Contractors to Create Inside Threat Programs
2016/06/20 Government Accountability Project: The Insider Threat Program: Determined to Avoid Accountability
2016/10/17 Federal News Radio Slow implementation of insider threat programs not the cause of latest incident
2016/12/22 Fox News: Attorney: FBI singling out Chinese-Americans with insider-threat program

2008/06/24 Haiping Su
Ames Research Center, NASA
Ames Research Center, NASA
Haiping Su is a naturalized U.S. citizen born in China. He was an Earth Scientist at Ames Research Center, National Aeronautics Space Administration (NASA).

2008/06/24: Haiping Su was denied access as “a security risk” to the facilities by a debarment letter and escorted out of the research center.
2008/07/03: Su was served a Notice of Intent to Terminate because he had no access to the NASA facility to perform his responsibilities according to the needs of the research task.
2008/07/17: Su received a Rescindment of Notice of Intent to Terminate because it was determined that he would be able to continue to work from an alternative work site via a telecommuting agreement. The agreement initially was valid through September 14, 2010, but subsequently it was renewed through September 15, 2013.
2010/04/09 Casetext.com: SU V. NATIONAL AERONAUTICS SPACE ADMINISTRATION
2013/04/17 Casetext.com: HAIPING SU V. NAT’L AERONAUTICS & SPACE ADMIN.
2014/09/29 Courthouse News: Scientist’s Privacy Worth $10K, Judge Says
2015/02/19 New America Media: In Anti-Discrimination Suit, Haiping Su Took on Big Gov and Won

2001/09/11 Big Data, Civil Liberties and National Security Benjamin-FranklinGiveUpEssentialLiberty
PCLOB702Report
4thamendment
Automated Targeting System: American Civil Liberties Union    Electronic Privacy Information Center
EPIC.org: Algorithmic Transparency: End Secret Profiling

2007/05/15 Washington Post: White House Edits to Privacy Board’s Report Spur Resignation
2007/09/22 Washington Post: Collecting of Details on Travelers Documented
2008/07/10 Foreign Intelligence Surveillance Act (FISA) Amendments Act
2009/05/22 National Public Radio: Reject ‘False Choice’ Between Security And Ideals, Obama Urges
2010/12/20 Salon.com: The government’s one-way mirror
2012/06/01 Department of Homeland Security: Privacy Impact Assessment for the Automated Targeting System
2013/06/06 Washington Post: NSA slides explain the PRISM data-collection program
2014/07/02 Privacy and Civil Liberties Oversight Board: Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act
2014/10/19 Boston Globe: Vote all you want. The secret government won’t change.
2015/02/09 Public Broadcasting System: Frontline: How the NSA Spying Programs Have Changed Since Snowden
2015/06/02 Washington Post: Congressional action on NSA is a milestone in the post-9/11 world
2015/11/23 CNN: Choice between security and liberty a false one
2016/04/20 Washington Post: Public advocate: FBI’s use of PRISM surveillance data is unconstitutional
2016/04/27 Reuters: Email privacy bill unanimously passes U.S. House
2016/05 White House: Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights
2016/05/06 Regulations.gov: Privacy Act; Implementation of Exemptions for The Next Generation Identification (NGI) System, JUSTICE/FBI-009
2016/05/22 The Guardian: How the Pentagon punished NSA whistleblowers
2016/05/31 Jeremy Wu: The Dark Side of Big Data and Predictive Analytics?
2016/06/17 International Business Times: Spying on Citizens More Widespread in US Than China, Says Presidential Candidate Gary Johnson
2016/07/13 YouTube: Launch of the Fourth Amendment Caucus and Fourth Amendment Advisory Committee
2016/07/22 Electronic Frontier Foundation: Bipartisan Caucus Launches in the House to Defend Fourth Amendment

1999/12/10 Wen Ho Lee

Dr. Wen Ho Lee
Dr. Wen Ho Lee

Albuqueque Federal Court House, September 13, 2000
Albuquerque Federal Court House, September 13, 2000
Wen Ho Lee is a naturalized U.S. citizen born in Taiwan. He was a nuclear physcist contractor at the Los Alamos National Laboratory, U.S. Department of Energy.

A collection of 153 articles by the New York Times beginning with:
1999/03/06: Breach at Los Alamos: A special report: China Stole Nuclear Secrets For Bombs, U.S. Aides Say

1999/03/09 New York Times: U.S. Fires Scientist Suspected Of Giving China Bomb Data
1999/12/10 U.S. District Court: Indictment
2000/01/19 Department of Energy:
        Richardson Releases Task Force Against Racial Profiling Report and Announces 8 Immediate Actions
        Task Force Against Racial Profiling
2000/09/13 Judgment Day
        Transcript of Court Proceedings
        Judge James A. Parker: Apology to Dr. Wen Ho Lee
2000/09/26 Attorney General Janet Reno: on Oversight on the Wen Ho Lee Case before a joint hearing of Senate Committees
2000/10/12
        C-SPAN Video: Rep. Patsy Mink on the Investigation and Treatment of Dr. Wen Ho Lee (30:52)
        Congressional Record: Rep. Patsy Mink on the Investigation and Treatment of Wen Ho Lee
2000/11 American Journalism Review: Rush to Judgment
2001/12/20 U.S. Senate: Report on the Government’s Handling of the Investigation and Prosecution of Dr. Wen Ho Lee
2006/06/03 The Washington Post: U.S., Media Settle With Wen Ho Lee
2007/05/21 YouTube: The Wen Ho Lee Story

1996/10/11 Economic Espionage
18 U.S. Code § 1831 - Economic espionage
18 U.S. Code § 1831 – Economic espionage. Source: Cornell University

18 U.S. Code § 1832 - Theft of trade secrets
18 U.S. Code § 1832 – Theft of trade secrets. Source: Cornell University

U.S. Code § 1839 - Definition of Trade Secret and Related Terms.  Source: Cornell University
U.S. Code § 1839 – Definition of Trade Secret and Related Terms.
Source: Cornell University

US Attorneys' Manual
US Attorneys’ Manual
The Economic Espionage Act of 1996, also known as the National Information Infrastructure Protection Act, covers primarily 18 U.S. Code § 1831 Economic Espionage and 18 U.S. Code § 1832 Theft of Trade Secrets, but the charges may extend to illegal exports and a variety of possible alternatives such as Wire Fraud or False Statement.
DOJ National Security Division: Most Recent “Fact Sheet”

2009/09/27 Wall Street Journal: You Commit Three Felonies a Day
2009/11 United States Attorneys’ Bulletin: Economic Espionage and Trade Secrets
2011/04 FBI White Paper: Higher Education and National Security: The Targeting of Sensitive, Proprietary, and Classified Information on Campuses of Higher Education
2012/09/19 Law360.com: A Look At 16 Years Of EEA Prosecutions
2012/09/21 petertoren.com: An Analysis of Economic Espionage Act Prosecutions: What Companies Can Learn From It and What the Government Should Be Doing About It!
2013/01/11 mondaq.com: Understanding The New Theft Of Trade Secrets Clarification Act Of 2012 Public Law 112-236
2013/01/14 Text of the Foreign and Economic Espionage Penalty Enhancement Act of 2012 Public Law 112-269
2013/02 White House: Administration Strategy on Mitigating the Theft of U.S. Trade Secrets
2013/03/19 Federal Public Defenders: Comments to the United States Sentencing Commission on The Foreign and Economic Espionage Penalty Enhancement Act of 2012
2013/05 National Bureau of Asian Research: Report by The Commission on the Theft of American Intellectual Property
2013/09/01 Robin L. Kuntz: How Not to Catch a Thief: Why the Economic Espionage Act Fails to Protect American Trade Secrets
2014/05/13 FBI: Statement Before the Senate Judiciary Committee, Subcommittee on Crime and Terrorism
2014/07/25 Congressional Research Service: Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832
2014/12 Department of Justice: Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, or Gender Identify
2014/12 Matthew T. Priebe: The Economic Espionage Act of 1996: A 15 Year Review
2015/07/23 The Daily Beast: FBI Probes ‘Hundreds’ of China Spy Cases
2015/07/24 CNN: FBI sees Chinese involvement amid sharp rise in economic espionage cases
2015/07 Department of Commerce: Don’t Let This Happen to You: Actual Investigations of Export Control and Antiboycott Violations
2015/09/29 The Legal Intelligencer: Gov’t Mistakes Rare in Espionage Cases, Former Feds Say
2015/12/31 Thomas J. Nolan: Trends in Trade Secret Prosecutions
2016/01/16 Reuters: Northrop CEO Says China’s R&D spending could ‘leapfrog’ U.S
2016/01/17 CBS 60 Minutes: The Great Brain Robbery
2016/01/21 The Hill: Protecting our trade secrets is vital to economic growth
2016/01/31 Christian Science Monitor: Why China hacks the world
2016/03/02 Federal Times OPM hack might not have been illegal
2016/03 Updated U.S. Attorneys’ Manual: 9-90.010 – National Security
2016/04/05
        Shubha Ghosh: Comments on Defend Trade Secrets Act of 2016
        The Washington Post: How a federal spy case turned into a child pornography prosecution
        The Herald: How a spy probe wound up as a child pornography prosecution
2016/04/06
        govconwire.com: FBI’s Randall Coleman: Economic Espionage Part of ‘Hybrid Threat’ Picture
        JDSupra.com: U.S. Senate Passes Bill Creating A Civil Cause Action in Federal Court for Trade Secret Misappropriation
2016/04/28
        Forbes: The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years
        JDSupra.com: Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now
2016/05/06 Financial Times: Spy crackdown reflects US security shift
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1943/02/19 Japanese American Internment
Notice to Intern Japnaese Americans under E.O. 9066
Notice to Intern Japnaese Americans under E.O. 9066
President Franklin D. Roosevelt signed and issued Executive Order 9066 during World War II on February 19, 1942, authorizing the Secretary of War to prescribe certain areas as military zones. Eventually, E.O. 9066 cleared the way for the internment of more than 110,000 Japanese Americans.
1882/05/06 Chinese Exclusion Act Chinese-Exclusion-Act

Senator George Hoar (R-MA)
Senator George Hoar (R-MA)

Final Senate Vote for Indefinite Extension of 1902
Final Senate Vote for Indefinite Extension of 1902

1860-2010 Chinese American Populations
1860-2010 Chinese American Populations
Materials in this section are based primarily on the book Forbidden Citizens written by Martin Gold. Congress passed restrictive legislation between 1879 and 1904. The most notorious was the Chinese Exclusion Act of 1882, described as “one of the most vulgar forms of barbarism,” by Rep. John Kasson (R-IA) in 1882.

Visualize Timeline of 1882 Chinese Exclusion Act and Related Events

1882: After President Chester A. Arthur vetoed a 20-year exclusion bill on April 4, 1882, Congress passed the Chinese Exclusion Act of 1882 for a 10-year suspension of skilled and unskilled laborer immigration from China. Congress kept the provision expressly prohibiting courts from naturalizing Chinese persons. Chinese who were already in the U.S. were entitled to government-issued certificates allowing them to return to the U.S. The House passed the bill with a vote of 201 yes, 37 no and 53 not voting. The Senate amended the bill and passed it by a vote of 32 yes, 15 no and 29 not voting. The House passed the Senate-amended bill by voice vote. President Arthur signed it into law on May 6, 1882.

1892: Congress passed the Geary Act in 1892, which:
        * extended the 10-year exclusion policy for 10 more years
        * required Chinese to carry certificates of residence that established their right to be in the U.S.
        * rendered Chinese who did not have such papers presumptively deportable
        * declared that paperless Chinese who attempted to prove eligibility in court would need the corroborating testimony of at least one credible white witness
        * subjected Chinese who were convicted to up to a year in prison before deportation
        * denied bail to Chinese immigrants who applied for writs of habeas corpus.
These unprecedented requirements applied to no one other than Chinese persons. Chinese in the U.S. organized to resist the enforcement of the law by proclaiming that the Chinese in the U.S. ought not register, but rather contribute to a fund for hiring of lawyers to fight the law on the ground of unconstitutionality. By the April 1893 deadline, only 3,169 of the estimated 110,000 Chinese in the country had registered. The Geary Act was challenged in the courts but was upheld by the United States Supreme Court in a 5-3 decision, Fong Yue Ting v. United States . The Court decided that just as a nation had the right to determine its own immigration policy, it also had the right to force all foreign nationals to register. Congress passed the McCreary Amendment to extend by 6 months the deadline for Chinese to register. The residence permits later became the “green cards” after the Alien Registration Act of 1940 .

1902: Congress indefinitely extended all Chinese Exclusion Laws that were consistent with treaty obligations. Policies set forth in the 1902 Act, which included application of Chinese exclusion to Hawaii and the Philippines, were to remain in force so long as Gresham-Yang Treaty of 1894 was active. The Chinese population in California had been reduced from 75,000 to 45,600 in 20 years of exclusion. The Chinese population in the U.S. was less than 90,000 in 1900. In comparison, the number of immigrants coming to the U.S. in one year, most of them Europeans, was approaching half a million. The U.S. had announced the Open Door Policy in regards to China in 1900. In America, voters demanded Chinese exclusion. In China, U.S. businessmen demanded “The Open Door.” Nationalism was rising in China at this time. The Chinese Minister Wu Tingfang submitted a lengthy letter of protest against the atmosphere of hostility against the Chinese in the pending U.S. legislation to extend the exclusion policy and sought China’s consent for its enactment. Senator Jacob Gallinger validated Minister Wu’s vehement objections and concluded with a prescient admonition: “[The Chinese] are a great people. The Empire is a sleeping giant, that will some time rouse from her slumbers, and it will be well for the United States to then be her friend. Let us be just in this matter.” Senator George Hoar was the last to speak in the Senate debate. He had been a senator since 1877, all through the exclusion era, and he had been an unceasing opponent of the policy. He would die in office in 1904. On April 16, 1902, he made one last statement denouncing the exclusion policy: “I hold that every human soul has its rights, dependent upon individual personal worth and not dependent upon color or race…As this bill violates that principle, I am bound to record my protest, if I stand alone.” The final vote in the Senate was 76 to 1 for passage of the indefinite extension of 1902. President Theodore Roosevelt signed the extension legislation into law on April 29, 1902.

1943: Congress repealed all laws “relating to the exclusion and deportation of the Chinese” in 1943 President Franklin Roosevelt asked Congress to end the Chinese exclusion laws. The existence of such discriminatory, racial laws had been fodder for Japanese propaganda within China during World War II. Reprsentative Warren Magnuson sponsored egislation to repeal the exclusion laws in 1943. Although there was dissent in both the House and the Seante, and labor and veteran organizations exprsssed misgivings, repeal was broadly supported by Democrats and Republicans and passed by voice votes. President Roosevelt signed the Chinese Exclusion Repeal Act, also known as the Magnuson Act, on Decemnber 17, 1943.

2012: On May 26, 2011, House Resolution 282 was submitted by Representatives Judy Chu and Judy Biggert, and Senate Resolution 201 by Senators Scott Brown and Dianne Feinstien to formally express regret for the Chinese Exclusion Act of 1882 and other legislation that discriminated against people of Chinese origin in the United States. The U.S. Senate passed Resolution 201 by voice vote on October 6, 2011. The House passed House Resolution 683 by voice vote on June 18, 2012.