Colleges, FBI meet to discuss theft of sensitive research

Oakland Tribune, Feb 20, 2006 by Tomio Geron, CORRESPONDENT

FBI officials and university presidents are increasingly concerned about the theft of unclassified but sensitive university research that could be used by foreign countries for business advantage or military use.

To prevent such crimes, the presidents of 17 colleges and universities who are on the National Security Higher Education Advisory Board, met FBI officials just over a week ago in Washington, D.C., to discuss terrorism, counterintelligence and homeland security on campuses.

It was the second meeting of the group, which formed in September 2005.

"Much of the intellectual property (in America) is produced on college campuses," said William Carter, FBI spokesperson. "There are those who would try to take advantage of that to steal for their own use in their own country."

FBI officials at the meeting included Gary Bald, executive assistant director for FBI counterterrorism and counterintelligence, and Donald Van Duyn, deputy assistant director, FBI counter terrorism division.

The dilemma for the FBI and universities, including local schools such as the University of California, Berkeley, is much of the sensitive research being done cannot be classified. If it was, faculty and students who actually perform a large amount of sensitive research would not be able to do it.

It's one of those things where it's not classified in research form, but when it's used it could be classified," Carter said. "Like metallurgy, that (research) may be taking place on college campuses, may be funded by DOD (Department of Defense) or DOE (Department of Energy) or other U.S. government agencies and you (could) have that being stolen by countries that could be utilized for military purposes."

Carter said there were no current students or faculty who have been arrested for stealing sensitive research, but there are cases in Sacramento, Newark and Cleveland where former university students stole valuable information.

"Several of the most recent cases involving economic espionage were prior students with J-1 (visa) status at various universities," Carter said, referring to a class of visas that cover individuals teaching, studying or researching in the U.S.

At local schools such as UC Berkeley, the birthplace of the Free Speech movement, the FBI has a contentious history. Some faculty and students have long criticized prior university relationships with the FBI as harmful to free speech and the spirit of learning on campus.

Many college presidents are sensitive to even the appearance of impinging on the tradition of academic freedom or free speech on campus.

Tysen Kendig, spokesperson for Graham Spanier, president of Penn State University and chair of the advisory board, emphasized the new board would not restrict academic freedom and the culture of openness of campuses.

"Contrary to what may be implied, the goal is not to establish a breeding grounds for spying activities," Kendig said.

University research is just one area where the FBI is increasingly worried about the theft of technology that is not classified but still has national security implications.

Today, identifying spies has become more difficult because of "asymmetrical" tactics -- meaning the use of individuals not trained as spies, who appear to be average scientists, businessmen or students, but who provide information to foreign governments.

Historically, intelligence officers came to the U.S. attached to consulates or embassies. We knew who to follow," said Special Agent LaRae Quy, media coordinator of the FBI's San Francisco division. "Intelligence has changed since then.

"They're sending students, delegates, people starting businesses. It's hard for us because it's a shotgun approach."

Other university presidents on the board include those from UCLA, UC San Diego, MIT and Johns Hopkins. Also on the board are Robert Gates, former director of the CIA, and current president of Texas A&M University, and former Sen. Bob Kerrey, current president of New School University.

UC Berkeley Chancellor Robert Birgeneau was nominated to be on the FBI's board, but he was rejected because he is a Canadian citizen and could not get security clearance, which is required of all board members, the FBI's Carter said.

Marie Felde, UC Berkeley spokesperson, said that Birgeneau was out of town and could not be reached for comment.