Crossroads Blog | CYBER SECURITY LAW AND POLICY

Criticism, cyber attack, Cyber Exploitation

How China Steals Our Secrets: Richard Clarke (NYT)

On April 2nd, 2012, Richard Clarke wrote an op-ed for the New York Times on Chinese cyberespionage.  To open, Mr. Clarke put the problem in context: the Chinese are destroying the United States' competitive edge through "the greatest transfer of wealth in history."  Indeed, hackers stole an American company's research–compiled over 10 years and worth over $1 billion–in one night.  A cybersecurity bill is on the horizon, but even if Congress comes together on one proposal, that bill really won't stop Chinese cyberespionage.  We're in a bad spot.  Since Congress is reluctant to adress the threat, Clarke believes that "the executive branch must do something to stop it."

How does Clarke envision the executive branch stopping it?  We must give the executive the authority to stop incoming cyberattacks and "grab the stolen data leaving the country."  Clarke suggested that DHS use the customs authority to inspect what enters and exits U.S. cyberspace; customs already looks for child porn, so it wouldn't be a massive stretch.  Moreover, the president could use the Intelligence Act to retreive stolen IP.

Yes, this proposal has huge privacy implications.  Clarke explained that the Obama administration would shy away from such a proposal due to privacy concerns.  Additionally, some fear hurting our relations with China. 

However, Clarke thinks that "by failing to act, Washington is effectively fulfilling China's research requirements while helping put Americans out of work.  Mr. Obama must confront the cyberthreat . . . ."

You can find the NYT source article here.

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Criticism, cyber attack, Cyber Exploitation

How China Steals Our Secrets: Richard Clarke (NYT)

On April 2nd, 2012, Richard Clarke wrote an op-ed for the New York Times on Chinese cyberespionage.  To open, Mr. Clarke put the problem in context: the Chinese are destroying the United States' competitive edge through "the greatest transfer of wealth in history."  Indeed, hackers stole an American company's research–compiled over 10 years and worth over $1 billion–in one night.  A cybersecurity bill is on the horizon, but even if Congress comes together on one proposal, that bill really won't stop Chinese cyberespionage.  We're in a bad spot.  Since Congress is reluctant to adress the threat, Clarke believes that "the executive branch must do something to stop it."

How does Clarke envision the executive branch stopping it?  We must give the executive the authority to stop incoming cyberattacks and "grab the stolen data leaving the country."  Clarke suggested that DHS use the customs authority to inspect what enters and exits U.S. cyberspace; customs already looks for child porn, so it wouldn't be a massive stretch.  Moreover, the president could use the Intelligence Act to retreive stolen IP.

Yes, this proposal has huge privacy implications.  Clarke explained that the Obama administration would shy away from such a proposal due to privacy concerns.  Additionally, some fear hurting our relations with China. 

However, Clarke thinks that "by failing to act, Washington is effectively fulfilling China's research requirements while helping put Americans out of work.  Mr. Obama must confront the cyberthreat . . . ."

You can find the NYT source article here.

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