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espionage

Biden expands government’s power to spy on Americans without a warrant

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7 minute read

From LifeSiteNews

By Emily Mangiaracina

Legal experts have pointed out that under an updated version of the Foreign Intelligence Surveillance Act (FISA), delivery personnel, cleaning contractors, and utility providers could all be forced to surveil Americans.

U.S. President Joe Biden has quietly signed legislation reauthorizing and expanding the government’s ability to spy on American communications without a warrant.

On April 20, Biden signed the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) that allows the government to compel a broader range of businesses to collect the communications of U.S. citizens when they are in contact with foreigners, according to legal experts.

The newly passed, updated version of Section 702 accomplishes this by expanding the definition of “electronic communication service providers” who can receive FISA directives to tap communications by dropping the qualifier “communication” from electronic service providers. The new amendment, therefore, makes access merely to equipment on which communications are carried or stored enough to legally surveil Americans.

While the amendment lists types of businesses that cannot be considered Electronic Communication Service Providers (ECSPs), including public accommodations, dwellings, and restaurants, ZwillGenBlog points out that the law still allows the government to “compel the assistance of a wide range of additional entities and persons in conducting surveillance under FISA 702.”

“The breadth of the new definition is obvious from the fact that the drafters felt compelled to exclude such ordinary places such as senior centers, hotels, and coffee shops. But for these specific exceptions, the scope of the new definition would cover them — and scores of businesses that did not receive a specific exemption remain within its purview,” ZwillGenBlog explained.

The legal experts noted that among the entities that could be forced to surveil Americans under the amendment are “the owners and operators of facilities that house equipment used to store or carry data, such as data centers and buildings owned by commercial landlords,” as well as others who can access such equipment, including “delivery personnel, cleaning contractors, and utility providers.”

ZwillGenBlog also pointed out that “any U.S. business could have its communications” — if involving a foreigner — “tapped by a landlord with access to office wiring, or the data centers where their computers reside.”

Democratic U.S. Sen. Dick Durbin of Illinois had tried and failed to pass an amendment that would require government officials to obtain a warrant before spying on American communications, according to the Associated Press (AP).

“If the government wants to spy on my private communications or the private communications of any American, they should be required to get approval from a judge, just as our Founding Fathers intended in writing the Constitution,” Durbin said.

Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), passed in 2008, the National Security Agency (NSA), operating inside the United States, is authorized to collect communications of foreigners overseas for foreign intelligence purposes without a warrant “because courts have held that foreigners have no Fourth Amendment rights,” according to Elizabeth Goitein.

“Although ostensibly targeted at foreigners, Section 702 surveillance inevitably sweeps in massive amounts of Americans’ communications,” Goitein further noted.

“Recognizing the impact on Americans’ privacy, Congress required the NSA to ‘minimize’ the sharing, retention, and use of this ‘incidentally’ collected U.S. person data. But the government and the FISA Court have embraced an interpretation of ‘minimize’ that is remarkably … maximal.”

“The NSA shares raw data with multiple other agencies — including the FBI and the CIA — and all of them retain the data for a functional minimum of five years. Moreover, the FBI routinely combs through it looking for Americans’ communications to use in purely domestic cases, even in situations where the FBI lacks a factual predicate to open a full investigation,” Goitein continued.

There are other means by which the U.S. government can spy on Americans. In 2022, Biden issued an executive order (EO) that allows the government to surveil Americans for broadly defined reasons including understanding “public health risks,” “political instability,” and the “threat” of climate change.

The EO was ostensibly written to “enhanc[e] safeguards” for “United States Signals Intelligence Activities,” which is intelligence gathering by the interception of signals, including communications, such as through cell phones, or those not used in communication. An accompanying fact sheet explains that the EO is meant to help “implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF)” in an effort to “restore trust and stability” to transatlantic data flows.

Alongside permitting spying for the purposes of sizing up the capabilities of foreign entities, the EO permits signals intelligence collection for “understanding or assessing transnational threats that impact global security, including climate and other ecological change, public health risks, humanitarian threats, political instability, and geographic rivalry.”

The document’s lack of elaboration on such so-called “transnational threats” raises the question of the true scope of activity now officially subject to spying by the U.S. government, which is potentially massive.

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Energy

China undermining American energy independence, report says

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The Chinese Communist Party is exploiting the left’s green energy movement to hurt American energy independence, according to a new report from State Armor.

Michael Lucci, founder and CEO of State Armor, says the report shows how Energy Foundation China funds green energy initiatives that make America more reliant on China, especially on technology with known vulnerabilities.

“Our report exposes how Energy Foundation China functions not as an independent nonprofit, but as a vehicle advancing the strategic interests of the Chinese Communist Party by funding U.S. green energy initiatives to shift American supply chains toward Beijing and undermine our energy security,” Lucci said in a statement before the Senate Judiciary Subcommittee’s hearing on Wednesday titled “Enter the Dragon – China and the Left’s Lawfare Against American Energy Dominance.”

Lucci said the group’s operations represent a textbook example of Chinese influence in America.

“This is a very good example of how the Chinese Communist Party operates influence operations within the United States. I would actually describe it as a perfect case study from their perspective,” he told The Center Square in a phone interview. “They’re using American money to leverage American policy changes that make the American energy grid dependent upon China.”

Lucci said one of the most concerning findings is that China-backed technology entering the U.S. power grid includes components with “undisclosed back doors” – posing a direct threat to the power grid.

“These are not actually green tech technologies. They’re red technologies,” he said. “We are finding – and this is open-source news reporting – they have undisclosed back doors in them. They’re described in a Reuters article as rogue communication devices… another way to describe that is kill switches.”

Lucci said China exploits American political divisions on energy policy to insert these technologies under the guise of environmental progress.

“Yes, and it’s very crafty,” he said. “We are not addressing the fact that these green technologies are red. Technologies controlled by the Communist Party of China should be out of the question.”

Although Lucci sees a future for carbon-free energy sources in the United States – particularly nuclear and solar energy – he doesn’t think the country should use technology from a foreign adversary to do it.

“It cannot be Chinese solar inverters that are reported in Reuters six weeks ago as having undisclosed back doors,” he said. “It cannot be Chinese batteries going into the grid … that allow them to sabotage our grid.”

Lucci said energy is a national security issue, and the United States is in a far better position to achieve energy independence than China.

“We are luckily endowed with energy independence if we choose to have it. China is not endowed with that luxury,” he said. “They’re poor in natural resources. We’re very well endowed – one of the best – with natural resources for energy production.”

He said that’s why China continues to build coal plants – and some of that coal comes from Australia – while pushing the United States to use solar energy.

“It’s very foolish of us to just make ourselves dependent on their technologies that we don’t need, and which are coming with embedded back doors that give them actual control over our energy grid,” he said.

Lucci says lawmakers at both the state and federal levels need to respond to this threat quickly.

“The executive branch should look at whether Energy Foundation China is operating as an unregistered foreign agent,” he said. “State attorneys general should be looking at these back doors that are going into our power grid – undisclosed back doors. That’s consumer fraud. That’s a deceptive trade practice.”

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espionage

Trump admin cracks down on China’s silent invasion of U.S. science

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MXM logo MxM News

Quick Hit:

The Trump administration has launched a sweeping national security investigation into foreign scientists working in U.S. research institutions, targeting those from adversarial countries like China amid fears of espionage and biological threats.

Key Details:

  • The probe targets as many as 1,000 foreign scientists inside the NIH alone, focusing heavily on Chinese nationals.
  • Intelligence agencies are involved following multiple arrests of Chinese researchers attempting to smuggle dangerous pathogens into the U.S.
  • The effort comes after repeated GAO warnings and revelations from a Chinese defector who says Beijing embeds agents in American labs.

Diving Deeper:

The Trump Administration has launched an intensive, behind-the-scenes investigation into hundreds of foreign scientists working in American research institutions—many of them tied to China’s communist regime. According to officials, the review began weeks ago and involves coordination with intelligence and security agencies.

The sweeping audit—prompted by longstanding concerns of foreign influence, espionage, and theft of intellectual property—has zeroed in on nearly 1,000 researchers within the National Institutes of Health (NIH) alone. Most are believed to have gained entry to the U.S. with help from federal research agencies during prior administrations, often without proper vetting.

“The Trump administration is committed to safeguarding America’s national and economic security,” White House spokesman Kush Desai told Just the News. “Taxpayer dollars should not and cannot fund foreign espionage against America’s industrial base and research apparatus.”

That warning is no longer hypothetical. In just the last month, federal officials say three Chinese scientists were arrested attempting to smuggle deadly pathogens into the U.S., including toxic fungi and crop-destroying roundworms—raising fresh fears of agroterrorism.

According to Dr. Li-Meng Yan, a Chinese virologist who defected to the U.S. in 2020, many scientists entering the U.S. from China are effectively agents of the Chinese Communist Party. “They have signed the contract with Chinese government to go back to China, serve for China with whatever they can get from the U.S.,” Yan said. “They become the CCPs’ kind of agents… like the parasites that go into your body.”

Years of inaction from federal agencies are partly to blame. The Government Accountability Office (GAO) has issued more than a half-dozen scathing reports warning that the NIH and partnering universities lack the safeguards to prevent foreign theft of research and influence over scientific projects funded by U.S. taxpayers.

In one 2021 report, GAO bluntly stated that “U.S. research may be subject to undue foreign influence” and cited the NIH’s failure to enforce conflict-of-interest policies, particularly with scientists tied to China.

The crackdown now underway comes amid a surge of related criminal activity. In one case, Chinese scientist Hao Zhang was convicted in 2020 for a scheme dating back to 2006 to steal proprietary semiconductor technology and launch a competing business in China. In another, a cybersecurity professor at Indiana University, Xiaofeng Wang, had his home raided by the FBI earlier this year and was quietly fired, though he has not been charged with any crime.

As part of the broader clampdown, the NIH recently issued new guidance barring researchers from funneling U.S. tax dollars to foreign partners through sub-grants. And the FDA has now halted all trials that export Americans’ cells to labs in hostile nations for genetic engineering—an issue of growing concern.

Congressional allies are backing the administration’s effort, with Rep. Nathaniel Moran (R-Texas) calling for sweeping reforms. “We’ve got to strengthen our own systems from within,” Moran said, “and we’ve got to push back in the trade world, in the tariff world and in the business practices world against China.”

With growing evidence of coordinated foreign espionage and exploitation of U.S. research systems, the administration’s covert operation marks a critical step in defending national security—and could reshape how America handles scientific collaboration for years to come.

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