OSTP Implementation of National Security Presidential Memorandum (NSPM-33)
On November 8, 2021, APA Justice submitted its comments on National Security Presidential Memorandum (NSPM-33) to the Office of Science and Technology Policy (https://bit.ly/31P9DLL).
Research security cannot be discussed in isolation without taking into account the current injustice and systematic discrimination when the lives and careers of many Asian American scientists have been seriously damaged and the threats to open science and the future of American leadership are materializing.
Placing responsibility solely on researchers is misguided when federal agencies are direct contributors to the present situation. We believe that without addressing the root causes of this national disease, treatment of some of the symptoms will have limited effectiveness, if not compounding the problems further.
We respectfully request OSTP to take a holistic approach to balance research security, open science, and protection of civil rights and civil liberties of Asian Americans and immigrant communities by honestly addressing the existing conditions and the core systemic causes and upholding the fundamental values of America’s scientific leadership.
In summary, we urge OSTP to
2021/11/08 APA Justice: Comment on Research Security, Open Science, and Racial Profiling
Research security cannot be discussed in isolation without taking into account the current injustice and systematic discrimination when the lives and careers of many Asian American scientists have been seriously damaged and the threats to open science and the future of American leadership are materializing.
Placing responsibility solely on researchers is misguided when federal agencies are direct contributors to the present situation. We believe that without addressing the root causes of this national disease, treatment of some of the symptoms will have limited effectiveness, if not compounding the problems further.
We respectfully request OSTP to take a holistic approach to balance research security, open science, and protection of civil rights and civil liberties of Asian Americans and immigrant communities by honestly addressing the existing conditions and the core systemic causes and upholding the fundamental values of America’s scientific leadership.
In summary, we urge OSTP to
- Harmonize disclosure policy across funding agencies to minimize the confusion to researchers.
- Set the requirement of disclosure at a reasonable level to avoid overly burden on the researcher.
- Leave the oversight and enforcement functions of the universities to funding agencies, not law enforcement. The universities and research institutions do not have the resource and appropriate level of authority to adopt and implement the principles and best practices of evidence-based policymaking. The Department of Justice does not have the knowledge and expertise to make judgment on leading-edge science and technology research and the complexity of international collaboration.
- Support the call to end the “China Initiative” to remove the oversight and enforcement roles and responsibilities from the Department of Justice.
- Lead an independent review of the ongoing investigations and practices by federal agencies to repair the damage that the “China Initiative” has done.
2021/11/08 APA Justice: Comment on Research Security, Open Science, and Racial Profiling
Click on image to read the blog
On August 10, 2021, Dr. Eric Lander, Director of the Office of Science and Technology (OSTP) at the White House, released a statement on Clear Rules for Research Security and Researcher Responsibility. OSTP is working on the implementation of a National Security Presidential Memorandum (NSPM-33), issued under the Trump administration, to “strengthen protections of United States Government-supported R&D against foreign government interference and exploitation” while “maintaining an open environment to foster research discoveries and innovation that benefit our nation and the world.”
Over the next 90 days, OSTP will work with the National Security Council staff, fellow Cabinet agencies, and other federal agencies through the National Science and Technology Council over the next 90 days to address three major areas:
1. Disclosure Policy,
2. Oversight and Enforcement, and
3. Research Security Programs.
Three principles are outlined to guide this work:
1. Protect America’s Security and Openness
2. Be Clear, and
3. Ensure Policies Do Not Fuel Xenophobia or Prejudice.
On the last point, Dr. Lander's statement said,
"We have to assiduously avoid basing policies or processes on prejudice — including those that could fuel anti-Asian sentiments or xenophobia. Prejudice is fundamentally unacceptable, and will backfire because it will make it harder to attract the best scientific minds from around the world. We must affirm the integral role of Asian-Americans, Native Hawaiians, Pacific Islanders, and people of all national origins in this country; welcome international students and scholars; and avoid casting aspersions on people because of their identity or origins.
In designing policies, we should also avoid actions that are pointless or performative, such as requiring scientists to return honorary degrees from Chinese universities. And, it should never be acceptable to target scientists for investigation based on their race or ethnicity. In protecting our nation, we must uphold its fundamental values."
OSTP invites ideas on NSPM-33 implementation by email to researchsecurity@ostp.eop.gov.
Links and References
2021/11/09 Asian American Scholar Forum: AASF Letter to Dr. Eric Lander
2021/11/08 APA Justice: Comment on Research Security, Open Science, and Racial Profiling
Advancing Justice | AAJC: Comment to the White House Office of Science and Technology Policy Raising Concerns of Profiling and Criminalization of Asian Americans and Asian Immigrants
2021/08/18 Council on Governmental Relations: Federal Focus on Inappropriate Foreign Influence on Research: Practical Considerations in Developing an Institutional Response
2021/08/16 Fortune: U.S. universities face another school year of too few Chinese students
Latitudes #128: Political Awakening Edition
2021/08/13 Washington Post: In China, the dream of an American education loses some of its gleam
2021/08/10 White House: Clear Rules for Research Security and Research Responsibility
The Guardian editorial: The Guardian view on anti-Chinese suspicion: target espionage, not ethnicities
2021/08/09 APS News: Current US Policy on China: The Risk to Open Science
CNN: A Trump-era policy that shut out top Chinese students could be hurting America more than Beijing
2021/08/07 Forbes: U.S. Universities Fall Further Behind China In Production Of STEM PhDs
2021/07/27 Science: U.S. visa rejections shattered Chinese students’ dreams. Now, they’re fighting back
Over the next 90 days, OSTP will work with the National Security Council staff, fellow Cabinet agencies, and other federal agencies through the National Science and Technology Council over the next 90 days to address three major areas:
1. Disclosure Policy,
2. Oversight and Enforcement, and
3. Research Security Programs.
Three principles are outlined to guide this work:
1. Protect America’s Security and Openness
2. Be Clear, and
3. Ensure Policies Do Not Fuel Xenophobia or Prejudice.
On the last point, Dr. Lander's statement said,
"We have to assiduously avoid basing policies or processes on prejudice — including those that could fuel anti-Asian sentiments or xenophobia. Prejudice is fundamentally unacceptable, and will backfire because it will make it harder to attract the best scientific minds from around the world. We must affirm the integral role of Asian-Americans, Native Hawaiians, Pacific Islanders, and people of all national origins in this country; welcome international students and scholars; and avoid casting aspersions on people because of their identity or origins.
In designing policies, we should also avoid actions that are pointless or performative, such as requiring scientists to return honorary degrees from Chinese universities. And, it should never be acceptable to target scientists for investigation based on their race or ethnicity. In protecting our nation, we must uphold its fundamental values."
OSTP invites ideas on NSPM-33 implementation by email to researchsecurity@ostp.eop.gov.
Links and References
2021/11/09 Asian American Scholar Forum: AASF Letter to Dr. Eric Lander
2021/11/08 APA Justice: Comment on Research Security, Open Science, and Racial Profiling
Advancing Justice | AAJC: Comment to the White House Office of Science and Technology Policy Raising Concerns of Profiling and Criminalization of Asian Americans and Asian Immigrants
2021/08/18 Council on Governmental Relations: Federal Focus on Inappropriate Foreign Influence on Research: Practical Considerations in Developing an Institutional Response
2021/08/16 Fortune: U.S. universities face another school year of too few Chinese students
Latitudes #128: Political Awakening Edition
2021/08/13 Washington Post: In China, the dream of an American education loses some of its gleam
2021/08/10 White House: Clear Rules for Research Security and Research Responsibility
The Guardian editorial: The Guardian view on anti-Chinese suspicion: target espionage, not ethnicities
2021/08/09 APS News: Current US Policy on China: The Risk to Open Science
CNN: A Trump-era policy that shut out top Chinese students could be hurting America more than Beijing
2021/08/07 Forbes: U.S. Universities Fall Further Behind China In Production Of STEM PhDs
2021/07/27 Science: U.S. visa rejections shattered Chinese students’ dreams. Now, they’re fighting back
2020 Ended With A Positive Story
The year 2020 was one of unprecedented challenges that saw our nation increasingly divided, unable to control the COVID-19 pandemic that was filled with anti-Asian hate and continuing profiling of hundreds if not thousands of Chinese American scientists under investigations and prosecutions.
However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. On December 27, 2020, a virtual event was held with Professor Steven Pei as the host to conclude a successful GoFundMe campaign, which was reported by the World Journal under the headline 员工勇救亚裔 华人5天募10万
During the event, Zach Owen and Bawi Cung took the stage to express
their appreciation for the generous donations of more than $121,000 from over 2,700 individuals. President Qiang Gan and Treasurer Lin Li of ACP Foundation Dallas reported the state of the finances and various details of the fundraiser. Other organizers for the fundraiser include OCA Greater Houston (H.C. Chang and Cecil Fong); Reagan Hignojos, friend of the Cung Family; United Chinese Americans (Steven Pei); and APAPA Austin Texas Chapter (C.J. Zhao).
Bawi Cung and his two boys, aged 2 & 6, were hate crime victims in Midland, TX on March 14, 2020. The suspect thought the Burmese family was Chinese and spreading the coronavirus and attacked them with a knife. As a bystander, Zach Owen disarmed the suspect bare handedly. Unfortunately, Zach’s right palm also suffered permanent injury and the grip strength is down to 40%.
With the hope to find a better job in the west Texas oil field, Zach came to Midland from Oklahoma. The injury disqualifies him from many oil field jobs. He has also been treated for Post-Traumatic Stress Disorder (PTSD). The first $50,000 of donation will still be given to Zach on or before his birthday in mid-January 2021 to pay for his ongoing out-of-pocket medical bills, cover some of the financial deficit incurred due to the reduced working hours during his recovery period, and also help with Zach’s return to a normal life. We need more heroes like Zach Owen.
Earlier on June 22, 2020, a coalition of Asian American organizations honored Zach Owen and Bernie Ramirez, a Border Patrol agent who also intervened in the violent anti-Asian stabbing with a special Lily and Vincent Chin Advocacy Award Ceremony. It was followed by the From Vincent Chin to George Floyd Webinar led by Helen Zia, award-winning journalist and community activist, and moderated by Gordon Quan, attorney and former Houston City Council member.
On August 10, 2020, Zach Owen testified in the Tri-caucus Congressional Forum on Rise in Anti-Asian Bigotry during the COVID-19 Pandemic,” which was organized by the Congressional Asian Pacific Americcan Caucus.
Links and Reference
2021/03/02 AP News: Victims of anti-Asian attacks reflect a year into pandemic
2021/02/23 PBS News Hour: ‘Words matter’ as Asian American leaders urge action against hate crimes
However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. On December 27, 2020, a virtual event was held with Professor Steven Pei as the host to conclude a successful GoFundMe campaign, which was reported by the World Journal under the headline 员工勇救亚裔 华人5天募10万
During the event, Zach Owen and Bawi Cung took the stage to express
their appreciation for the generous donations of more than $121,000 from over 2,700 individuals. President Qiang Gan and Treasurer Lin Li of ACP Foundation Dallas reported the state of the finances and various details of the fundraiser. Other organizers for the fundraiser include OCA Greater Houston (H.C. Chang and Cecil Fong); Reagan Hignojos, friend of the Cung Family; United Chinese Americans (Steven Pei); and APAPA Austin Texas Chapter (C.J. Zhao).
Bawi Cung and his two boys, aged 2 & 6, were hate crime victims in Midland, TX on March 14, 2020. The suspect thought the Burmese family was Chinese and spreading the coronavirus and attacked them with a knife. As a bystander, Zach Owen disarmed the suspect bare handedly. Unfortunately, Zach’s right palm also suffered permanent injury and the grip strength is down to 40%.
With the hope to find a better job in the west Texas oil field, Zach came to Midland from Oklahoma. The injury disqualifies him from many oil field jobs. He has also been treated for Post-Traumatic Stress Disorder (PTSD). The first $50,000 of donation will still be given to Zach on or before his birthday in mid-January 2021 to pay for his ongoing out-of-pocket medical bills, cover some of the financial deficit incurred due to the reduced working hours during his recovery period, and also help with Zach’s return to a normal life. We need more heroes like Zach Owen.
Earlier on June 22, 2020, a coalition of Asian American organizations honored Zach Owen and Bernie Ramirez, a Border Patrol agent who also intervened in the violent anti-Asian stabbing with a special Lily and Vincent Chin Advocacy Award Ceremony. It was followed by the From Vincent Chin to George Floyd Webinar led by Helen Zia, award-winning journalist and community activist, and moderated by Gordon Quan, attorney and former Houston City Council member.
On August 10, 2020, Zach Owen testified in the Tri-caucus Congressional Forum on Rise in Anti-Asian Bigotry during the COVID-19 Pandemic,” which was organized by the Congressional Asian Pacific Americcan Caucus.
Links and Reference
2021/03/02 AP News: Victims of anti-Asian attacks reflect a year into pandemic
2021/02/23 PBS News Hour: ‘Words matter’ as Asian American leaders urge action against hate crimes
NSF's Fundamental Research Security (JASON) Report
On December 11, 2019, the National Science Foundation (NSF) released a report titled "Fundamental Research Security." The JASON advisory group, founded in 1960 with outside experts who specialize in both science and security, was commissioned to conduct a study and recommend ways for NSF to protect research integrity and maintain balance between openness and security of scientific research.
According to NSF, the JASON report’s findings affirm many of the principles that have already been guiding NSF’s efforts to address security in science, including the need to address the threat carefully, and with the engagement of stakeholders in research, law enforcement and intelligence. Among the themes that emerged from the study were the value of foreign scientific talent in the U.S. and the need to include disclosures of commitments and potential conflicts of interest in the notion of “research integrity.”
The JASON report produced 9 primary findings and 9 recommendations with the following conclusion:
"JASON concludes that many of the problems of foreign influence that have been identified are ones that can be addressed within the framework of research integrity, and that the benefits of openness in research and of the inclusion of talented foreign researchers dictate against measures that would wall off particular areas of fundamental research. We expect that a reinvigorated commitment to U.S. standards of research integrity and the tradition of open science by all stakeholders will drive continued preeminence of the United States in science, engineering, and technology by attracting and retaining the world’s best talent."
On December 12, 2019, Nature published an article quoting the JASON report that the threat of improper foreign influence on US science — in particular from China — is real and growing, ... but the US government should address the situation in ways that preserve the country’s ability to attract top international talent. Steven Pei, a physicist at the University of Houston and former chair of the advocacy group United Chinese Americans in Washington DC, says the report's recommendations strike the right balance between strengthening disclosure rules and maintaining openness in scientific research.
China’s efforts to gather information and influence the US science enterprise are probably the largest and most organized, the JASON report says. But it warns against assuming that Chinese citizens working in the United States, or US citizens of Chinese descent, agree with the Chinese government. Such individuals “should be judged on their personal actions and not by profiling,” the Jasons wrote (page 23).
Links:
2019/12 JASON: Fundamental Research Security
2019/12/20 Science: U.S. takes aim at foreign influence
2019/12/11 National Science Foundation: NSF releases JASON report on research security
Nature: Keep US research open amid threat from China, says elite JASON group
Chemical and Engineering News: New restrictions on foreign scientists or fundamental research not needed, defense panel says
Science: U.S. scientists who hide foreign ties should face research misconduct sanctions, panel says
Federation of American Scientists: JASON Science Advisory Panel Preserved
2019/03/18 Science: NSF hopes Jason can lead it through treacherous waters
According to NSF, the JASON report’s findings affirm many of the principles that have already been guiding NSF’s efforts to address security in science, including the need to address the threat carefully, and with the engagement of stakeholders in research, law enforcement and intelligence. Among the themes that emerged from the study were the value of foreign scientific talent in the U.S. and the need to include disclosures of commitments and potential conflicts of interest in the notion of “research integrity.”
The JASON report produced 9 primary findings and 9 recommendations with the following conclusion:
"JASON concludes that many of the problems of foreign influence that have been identified are ones that can be addressed within the framework of research integrity, and that the benefits of openness in research and of the inclusion of talented foreign researchers dictate against measures that would wall off particular areas of fundamental research. We expect that a reinvigorated commitment to U.S. standards of research integrity and the tradition of open science by all stakeholders will drive continued preeminence of the United States in science, engineering, and technology by attracting and retaining the world’s best talent."
On December 12, 2019, Nature published an article quoting the JASON report that the threat of improper foreign influence on US science — in particular from China — is real and growing, ... but the US government should address the situation in ways that preserve the country’s ability to attract top international talent. Steven Pei, a physicist at the University of Houston and former chair of the advocacy group United Chinese Americans in Washington DC, says the report's recommendations strike the right balance between strengthening disclosure rules and maintaining openness in scientific research.
China’s efforts to gather information and influence the US science enterprise are probably the largest and most organized, the JASON report says. But it warns against assuming that Chinese citizens working in the United States, or US citizens of Chinese descent, agree with the Chinese government. Such individuals “should be judged on their personal actions and not by profiling,” the Jasons wrote (page 23).
Links:
2019/12 JASON: Fundamental Research Security
2019/12/20 Science: U.S. takes aim at foreign influence
2019/12/11 National Science Foundation: NSF releases JASON report on research security
Nature: Keep US research open amid threat from China, says elite JASON group
Chemical and Engineering News: New restrictions on foreign scientists or fundamental research not needed, defense panel says
Science: U.S. scientists who hide foreign ties should face research misconduct sanctions, panel says
Federation of American Scientists: JASON Science Advisory Panel Preserved
2019/03/18 Science: NSF hopes Jason can lead it through treacherous waters
Trump Administration's Ban of WeChat
On August 6, 2020, President Donald Trump signed an executive order seeking to ban U.S. "transactions" with WeChat in 45 days.
On August 21, 2020, the U.S. WeChat Users Alliance (USWUA) filed a civil lawsuit - a Complaint for Declaratory and Injunctive Relief against All Defendants - with the Northern District of California. Docket for case 3:20-cv-05910 is available online.
On September 18, 2020, the U.S. Department of Commerce announced that it will prohibit U.S. transactions with WeChat starting September 20, citing national security and data privacy concerns.
On September 18, 2020, Advancing Justice | AAJC issued a blog statement as part of its Anti-Racial Profiling Project that "[t]he potential ban of WeChat, the 5th most-used social app in the world, would have serious impacts on Asian Americans and communities of color." "There are real issues that should be studied and addressed. Such issues, however, do not seem to warrant an outright ban of WeChat in the U.S.," the statement concludes.
On September 19, 2020, Federal Judge Laurel Beeler issued an injunction against President Trump’s executive order. According to media report, the U.S. government could now appeal to the Ninth Circuit court to seek to overturn the stay.
On September 21, 2020, USWUA announced that it has raised more than $1 million. Continuing developments about this issue are reported in the following links and references:
On August 21, 2020, the U.S. WeChat Users Alliance (USWUA) filed a civil lawsuit - a Complaint for Declaratory and Injunctive Relief against All Defendants - with the Northern District of California. Docket for case 3:20-cv-05910 is available online.
On September 18, 2020, the U.S. Department of Commerce announced that it will prohibit U.S. transactions with WeChat starting September 20, citing national security and data privacy concerns.
On September 18, 2020, Advancing Justice | AAJC issued a blog statement as part of its Anti-Racial Profiling Project that "[t]he potential ban of WeChat, the 5th most-used social app in the world, would have serious impacts on Asian Americans and communities of color." "There are real issues that should be studied and addressed. Such issues, however, do not seem to warrant an outright ban of WeChat in the U.S.," the statement concludes.
On September 19, 2020, Federal Judge Laurel Beeler issued an injunction against President Trump’s executive order. According to media report, the U.S. government could now appeal to the Ninth Circuit court to seek to overturn the stay.
On September 21, 2020, USWUA announced that it has raised more than $1 million. Continuing developments about this issue are reported in the following links and references:
Links and References
Wikipedia: WeChat
CourtListener docket: U.S. WeChat Users Alliance (3:20-cv-05910), District Court, N.D. California
U.S. WeChat Users Alliance (USWUA) website
2020/10/30 MIT Technology Review: Censored by China, under attack in America: what’s next for WeChat?
2020/10/27 South China Morning Post: WeChat ban: US appeal court rejects government request to immediately remove app from Apple, Google stores
2020/10/23 The Verge: Judge again blocks Trump administration push to ban WeChat in the US
2020/10/22 SupChina: Can WeChat be woke? The progressive Chinese Americans countering right-wing narratives
2020/10/07 The Daily Orange: WeChat is critical to Syracuse University’s Chinese student community
2020/10/05 New York Times: WeChat, Wild Rumors and All, Is Their Lifeline. Washington May End That
2020/10/02 New York Times: U.S. Appeals Injunction Against WeChat Ban
2020/10/01 Vox: How Trump’s attempted WeChat ban would devastate Chinese American families like mine
2020/09/22 The Guardian: ‘I will be cut off’: Chinese Americans feel targeted by Trump's WeChat order
2020/09/21 USWUA: 美微联会捐款动态更新
2020/09/20 USWUA: 美华人获历史性胜利，微信禁封令被联邦法官叫停！
New York Times: U.S. Judge Temporarily Halts Trump’s WeChat Ban
Bloomberg: Trump's WeChat Curbs Halted by Judge on Free Speech Concerns
Los Angeles Times: Trump’s WeChat ban is on hold after judge grants preliminary injunction
2020/09/19 VICE: Trump's WeChat Ban Could Cut Off Chinese Americans From Their Families
2020/09/18 Advancing Justice | AAJC: WeChat and the impact on Asian Americans and communities of color
U.S. Department of Commerce: Commerce Department Prohibits WeChat and TikTok Transactions to Protect the National Security of the United States
2020/09/16 UCA: 122 Chinese American Organizations Asking White House to Rescind its Executive Order on WeChat Ban
2020/08/24 Washington Post: The Technology 202: New lawsuit against Trump highlights risks of blanket WeChat ban
2020/08/21 AP: A US WeChat ban could hurt many in America, not just China
USWUA: COMPLAINT for Declaratory and Injunctive Relief
2020/08/07 Reuters: WeChat U.S. ban cuts off users link to families in China
2020/08/06 White House: Executive Order 13943 on Addressing the Threat Posed by WeChat
CourtListener docket: U.S. WeChat Users Alliance (3:20-cv-05910), District Court, N.D. California
U.S. WeChat Users Alliance (USWUA) website
2020/10/30 MIT Technology Review: Censored by China, under attack in America: what’s next for WeChat?
2020/10/27 South China Morning Post: WeChat ban: US appeal court rejects government request to immediately remove app from Apple, Google stores
2020/10/23 The Verge: Judge again blocks Trump administration push to ban WeChat in the US
2020/10/22 SupChina: Can WeChat be woke? The progressive Chinese Americans countering right-wing narratives
2020/10/07 The Daily Orange: WeChat is critical to Syracuse University’s Chinese student community
2020/10/05 New York Times: WeChat, Wild Rumors and All, Is Their Lifeline. Washington May End That
2020/10/02 New York Times: U.S. Appeals Injunction Against WeChat Ban
2020/10/01 Vox: How Trump’s attempted WeChat ban would devastate Chinese American families like mine
2020/09/22 The Guardian: ‘I will be cut off’: Chinese Americans feel targeted by Trump's WeChat order
2020/09/21 USWUA: 美微联会捐款动态更新
2020/09/20 USWUA: 美华人获历史性胜利，微信禁封令被联邦法官叫停！
New York Times: U.S. Judge Temporarily Halts Trump’s WeChat Ban
Bloomberg: Trump's WeChat Curbs Halted by Judge on Free Speech Concerns
Los Angeles Times: Trump’s WeChat ban is on hold after judge grants preliminary injunction
2020/09/19 VICE: Trump's WeChat Ban Could Cut Off Chinese Americans From Their Families
2020/09/18 Advancing Justice | AAJC: WeChat and the impact on Asian Americans and communities of color
U.S. Department of Commerce: Commerce Department Prohibits WeChat and TikTok Transactions to Protect the National Security of the United States
2020/09/16 UCA: 122 Chinese American Organizations Asking White House to Rescind its Executive Order on WeChat Ban
2020/08/24 Washington Post: The Technology 202: New lawsuit against Trump highlights risks of blanket WeChat ban
2020/08/21 AP: A US WeChat ban could hurt many in America, not just China
USWUA: COMPLAINT for Declaratory and Injunctive Relief
2020/08/07 Reuters: WeChat U.S. ban cuts off users link to families in China
2020/08/06 White House: Executive Order 13943 on Addressing the Threat Posed by WeChat
Congratulations to Peter Waldman, reporter for Bloomberg Businessweek, for winning the New York Press Club Award for Magazine for his "New Red Scare" series last year about the rise of McCarthyism toward Chinese Americans:
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U.S. Targeting of Chinese Scientists Fuels a Brain Drain
On July 18, 2019, Bloomberg reported on the story of Xin Zhao, a prize-winning Ph.D. from the College of William & Mary in Virginia, whose startup fled the U.S. after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search.
“My dream was defeated,” says Zhao, whose crew-cut and boyish face belie the brash candor with which he tells his story. “I came here for freedom and security. Now fear is pushing us back to China.” Inventors with Chinese last names account for one out of every 10 new patents in the U.S. today, up from less than 2% in 1975... While China lost more than 50,000 inventors to emigration from 2002 to 2011, the U.S. welcomed a net gain of more than 190,000, as measured by patent registrations, according to data compiled by the World Intellectual Property Organization, an arm of the United Nations. |
How NOT To Cure Cancer:
The U.S. is purging Chinese scientists in a new Red Scare 
On June 13, 2019 Bloomberg Businessweek published The U.S. Is Purging Chinese Cancer Researchers From Top Institutions . The NIH and the FBI are targeting ethnic Chinese scientists, including U.S. citizens, searching for a cancer cure. It includes the first account of what happened to Xifeng Wu.
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Additional Links and Reports
2019/07/19 Science: Mystery surrounds ouster of Chinese researchers from Canadian laboratory
星島日報 華裔科學家頻遭針對 科研生態受創難重建 2019/07/16 The Telegraph: Chinese researchers stripped of security clearance at Canada lab for deadly human diseases 2019/07/15 National Post: Dismissal and investigation by RCMP of Winnipeg co-inventor of Ebola drug stuns colleagues 2019/06/14 北美新视界: 红色警戒 | 吴息凤的遭遇以及美国顶级科研机构对涉中研究人员的清理 2019/06/14 Clean Technica: FBI & NIH Demonize Chinese Researchers As Trump-Inspired Paranoia Spreads Across America 2019/06/14 《知识分子中文报道》: 美媒揭秘FBI等如何以“莫须有”围剿华人科学家 |
Activists Including APA Justice Resist New "Red Scare"
On August 27, 2019, the South China Morning Post reported on the current state of fear of a new "Red Scare" and the fight including APA Justice against the targeting of Chinese Americans.
"As more Chinese Americans find themselves targeted in the increasingly bitter stand-off between Beijing and Washington, legislators, community groups and legal experts are pushing back in hopes of sending a message that enough is enough," the report said. "The US has arrested scientists of Chinese origin on industrial espionage and other charges, and multiple times the cases have been dropped for lack of evidence." "Chinese-Americans readily acknowledge that Beijing targets people of Chinese descent and that the US has every right to defend itself. But a disproportionate number of recent cases end up snaring innocent people targeted through racial profiling, eroding constitutional guarantees and wreaking havoc with individual lives and the community’s reputation." "Many scientists and academics of Chinese descent also end up accused of such violations as using pornography, cheating on expenses or making inaccurate disclosures to investigators when prosecutors fail to find evidence of links to China... There’s more collateral damage than protecting against espionage." "There are some legitimate concerns, but they are inflated, and Chinese Americans are being demonised. They’re collateral damage, like children caught in a broken marriage..." Ongoing efforts call for greater accountability over the security establishment, raising public awareness, continuing to promote understanding and dialogue, building community unity and coalitions, providing training, and taking legal actions against discrimination and wrongful arrest." Read the entire report here. |
2019年8月27日，《南华早报》报道当前对新“红色恐慌”的担忧以及包括APA Justice在内对针对华裔美国人的斗争。
报道称，"随着越来越多的华裔美国人发现自己成为北京和华盛顿之间日益激烈对峙的对象，美国国会议员，社区团体和法律专家正在开始反击，希望借此传达一个信息: 受够了。" “美国以工业间谍和其他罪名逮捕了多名华裔科学家，由于缺乏证据，这些案件很多被撤销。" “美籍华人欣然承认，北京方面针对华裔，美国完全有权自卫。但最近发生的不成比例的案件以种族定性为目标，将无辜的人拖入圈套，侵蚀了宪法保障，对个人生活和社区声誉造成严重破坏。" “当检察官未能找到与中国有关联证据的时候，许多无辜华人科学家和学者被指控犯有使用色情内容，欺骗费用或向调查员撒谎等行为... (欲加之罪，何患无词)，附带的损害(因此)比防止间谍活动更多。" “有一些担忧是合理的，但它们被夸大了，华裔美国人正在被妖魔化。他们是附带的损害，就像陷入婚姻破裂的儿童一样..." 目前的努力包括要求加强对安全机构的问责制，提高公众意识，继续促进理解和对话，爭取社区团结和联盟，提供培训，并采取法律行动反抗歧视和非法逮捕。" 在这里阅读整个报道。 |
Another Bungled Economic Espionage Prosecution
又一拙劣的经济间谍指控
又一拙劣的经济间谍指控
On July 17, 2019, law.com published a commentary titled: “Daily Dicta: Prosecutions Don’t get much More Pathetic Than This Case Against a Louisiana Scientist.”
“This case” refers to the prosecution of Dr. Ehab Meselhe, a prominent Egyptian American professor of the Department of River-Coastal Science and Engineering at Tulane University. There is a second defendant in the case, Mr. Kelin Hu (胡克林), a computer scientist and research assistant professor at Tulane University who is a U.S. permanent resident born in China. Both men were charged by the U.S. government for conspiracy and attempt to steal trade secrets (a computer simulation program that models how the Mississippi River Delta might evolve due to environmental changes and projects the impact of proposed restoration efforts) and to commit computer fraud and abuse on May 29, 2019 (case number 3:19-cr-00061). According to a media report, Mr. Hu was dramatically escorted from the Water Institute of the Gulf building by Baton Rouge police officers and FBI agents. After the U.S. government admitted that “it cannot meet its burden of proof in this matter” on July 15, the case was dismissed by the Louisiana Middle District Court. “I was a federal prosecutor for 20 years in New Orleans, and I’ve never seen anything like this,” said Dr. Meselhe's lawyer. FBI Director Christopher Wray has testified in Congress on July 23 that The FBI has over 1,000 investigations open into attempted intellectual property theft, nearly all of them involving Chinese. |
2019年7月17日，law.com发表了一篇题为《每日名言: 没有比这桩针对路易斯安那州科学家的案件更可悲的了》的评论文章。
“本案”指的是对杜兰大学河滨科学与工程系著名美籍埃及裔教授Dr. Ehab Meselhe 梅塞尔赫博士的起诉。此案的另一名被告Mr. Kelin Hu (胡克林)是一名计算机科学家，杜兰大学研究助理教授，也是出生在中国的美国永久居民。 两人在2019年5月29日被指控企图阴谋窃取商业机密(一个关于密西西比河三角洲地区如何由于环境变化而对提议修复项目产生影响的计算机程序模拟模型)和计算机欺诈和滥用罪(案件号码：3:19-cr-00061)。据媒体报道，胡克林引人注目地被路易斯安那州巴吞鲁日的警官和FBI特工带出海湾水利研究所大楼。 7月15日，在美国政府承认“在这件事上它无法承担举证责任”之后，路易斯安那州中央地方法院撒消此案。“我在新奥尔良做了20年的联邦检察官，从来没有见过这样的事情，”梅塞尔赫博士的律师说。 美国联邦调查局(FBI)局长克里斯托弗·雷(Christopher Wray)7月23日在国会作证表示，FBI对超过1,000起试图盗窃知识产权的案件展开了调查，几乎所有案件都涉及华人。 |
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Additional Links and Reports
2019/07/17 Law.com: Daily Dicta: Prosecutions Don’t Get Much More Pathetic Than This Case Against a Louisiana Scientist
2019/07/16 Tulane University: Statement on Professor Ehab Meselhe and Research Assistant Professor Kelin Hu 2019/07/15 NOLA.com: In stunning reversal, charges dropped against Louisiana coastal scientists accused of stealing 'trade secrets' 2019/07/15 U.S. Department of Justice: Motion to Dismiss Case 3:19-cr-00061 USA v Meselhe and Hu 2019/07/02 Business Report: Indicted coastal researcher fires back at feds, sues TWIG over records request 2019/07/01 NOLA.com: Shock waves from Water Institute: How criminal case over disputed 'trade secrets' hits Louisiana 2019/06/05 The Advocate: Ex-Water Institute employees now at Tulane accused of plotting to steal trade secrets More details about this case and all known prosecutions under the Economic Espionage Act since its enactment are available are at https://jeremy-wu.info/fed-cases/ |
Department of Energy Policy Change and Directives
On June 13, 2019, The American Institute of Physics (AIP) reported that "The Department of Energy (DOE) has issued a directive prohibiting its employees and most contractor personnel from participating in certain talent recruitment programs operated by rival nations." DOE officials have said the policy is currently limited to four: China, Iran, North Korea, and Russia.
AIP first reported "US Government Escalates Opposition to Chinese Talent Recruitment Programs" in February 2019, including a link to a January 31, 2019 DOE memorandum. Links and Reports
2019/06/11 Physics World: US energy department cracks down on foreign recruitment programmes
2019/06/07 The Scientist: US-China Tensions Leave Some Researchers on Edge 2019/06/02 AP: At LANL, political pawn or security risk? 2019/05/28 Science: Former Los Alamos physicist denies federal charges he lied about China ties 2019/05/28 South China Morning Post: US scientist Turab Lookman pleads not guilty to lying about contact with Chinese state programme that recruits foreign talent 2019/05/28 Albuquerque Journal: LANL scientist pleads not guilty to lying about contacts 2019/05/24 Albuquerque Journal: Former LANL scientist charged with lying |
Tarub Lookman - Retired Los Alamos Physicist
On May 22, a federal grand jury indicted Tarub Lookman, a naturalized U.S. citizen of Indian origin, on three charges of making false statements about his contacts with the Thousand Talents Program, which since 2008 has used offers of salaries and other support to establish ties with scientists working outside of China.
According to Science, Dr. Lookman spent 2 decades at the Department of Energy’s Los Alamos National Laboratory (LANL) in New Mexico, beginning in 1999. He has a doctorate in theoretical physics and was awarded a prestigious LANL fellowship in 2017. On May 28, Dr. Lookman pleaded not guilty to the federal charges. He was released to home detention with a GPS monitoring bracelet after posting a $50,000 bond. |
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IEEE Lifts Restrictions on Editorial and Peer Review Activities
On My 22, 2019, the Institute of Electrical and Electronics Engineers (IEEE) issued a statement that forbids its colleagues from Huawei and 68 of its affiliates from reviewing or accessing non-public papers submitted by other persons for publications; purchasing IEEE products such as hats, sweatshirts, or even coffee mugs; or participating in any non-public meetings that involve technical discussions.
On June 2, 2019, IEEE issued an update statement reversing its restrictions on editorial and peer review activities. According to IEEE, after the U.S. Department of Commerce applied export control restrictions to Huawei Technology Ltd. and 68 of its affiliates, IEEE issued a statement regarding compliance and stated if the U.S. government clarified the application of the U.S. Export Administration Regulations with respect to peer review IEEE would provide an update to the IEEE community. "IEEE has received the requested clarification from the U.S. Department of Commerce on the applicability of these export control restrictions to IEEE’s publication activities. Based on this new information, employees of Huawei and its affiliates may participate as peer reviewers and editors in our publication process. All IEEE members, regardless of employer, can continue to participate in all of the activities of the IEEE." According to IEEE, it is the world's largest technical professional organization dedicated to advancing technology for the benefit of humanity. Links and Reports
2019/06/03 Financial Times: Top industry standards body reverses Huawei ban
2019/06/02 Reuters: U.S.-based engineers' body lifts curbs on Huawei employees 2019/06/02 ZDNet: No ban: IEEE gives Huawei employees the all-clear 2019/05/31 South China Morning Post: China computer research body cuts ties with IEEE in protest at decision to bar Huawei from peer review 2019/05/30 South China Morning Post: World’s largest technical professional society bans Huawei staff from peer review of research 2019/05/29 Synced: ML Community Raises Inclusivity Concerns After IEEE Bars Huawei Paper Reviewers |
This May 29 essay titled "My Science Has No Nationality" by a young Chinese American female physicist describes the plight of many of today's Chinese American scientists in these challenging times between the U.S. and China.
"For Chinese scientists who immigrated to the U.S., where do their hearts and bodies belong? In their home country, where an authoritarian government is increasing its hold on society, aided by technology for surveillance and censorship? Or in a country whose president actively rejects them, where they are painted as spies?" 
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MD Anderson Cancer Center
On April 19, 2019, the Houston Chronicle and Science jointly reported that 3 scientists were ousted by MD Anderson Cancer Center over concerns about Chinese conflicts of interest, the first such publicly disclosed punishments since federal officials directed some institutions to investigate specific professors in violation of granting agency policies.
MD Anderson took the actions after receiving e-mails last year from the National Institutes of Health, the nation’s largest public funder of biomedical research, describing conflicts of interest or unreported foreign income by five faculty members. The agency, which has been assisted by the FBI, gave the cancer center 30 days to respond. The departures follow an unprecedented Houston gathering last summer at which FBI officials warned Texas academic and medical institution leaders of the threat, particularly from insiders, and called on them to share with the agency any and all suspicious behavior and information. On April 25, 2019, the United Chinese Americans (UCA), a nationwide nonprofit and nonpartisan federation and a community civic movement, released a statement to raise concerns for Chinese American scientists as collateral damage in the crossfire between the United States and China due to deteriorating relations, including five appeals to address the current situartion. Read more at Community Responses. This was reported by the Houston Chronicle reported on April 29, 2019 as expressing "grave concern" that ethnically Chinese scientists have become "collateral damage in the crossfire" of deteriorating U.S.-China relations. |
Introduction
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2019/03/25 Ropes & Gray LLP Teleconference presentation slides on "NIH Inquiries into Foreign Research Support, 'Foreign Components' of Awards, and Personal Income from Foreign Government Entities. See link to entire teleconference here.
"Have You No Sense of Decency, Sir?"
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Are We Again in a "Fog of War?"
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Lesson #1: Empathize with the enemy 5:40
Lesson #2: Rationality will not save us 12:15 Lesson #3: There is something beyond one’s self 20:55 Lesson #4: Maximize efficiency 25:40 Lesson #5: Proportionality should be a guideline in war 32:55 Lesson #6: Get the data 40:40 Lesson #7: Belief & seeing are both often wrong 54:30 Lesson #8: Be prepared to re-examine your reasoning 1:06:56 Lesson #9: In order to do good, you may have to engage in evil 1:11:00 Lesson #10: Never say never 1:15:00 Lesson #11: You can’t change human nature 1:22:55 
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From Robert McNamara's 1995 book In Retrospect: The Tragedy and Lessons of Vietnam. (Wikipedia)
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