demed export -- Security clearances, lie detectors, etc.

[David Farber <dave () farber net>]

________________________________________
From: Eugene H. Spafford [spaf () mac com]
Sent: Friday, May 02, 2008 10:56 PM
To: ip
Cc: David Farber
Subject: Re: [IP] Re:   Security clearances, lie detectors, etc.

As regards David Reed's comments...

Deemed export is not the same as a security clearance.

Many countries have historically had some problems of the sort where
nationals of country A who  come to the US to study sensitive topics.
Thereafter, they returned to country A with knowledge of technology
that provides country A with a military or economic advantage that
they might not have been able to develop on their own.  We can't
prosecute them for espionage, because the material they learned was
not classified -- merely advanced, with strong dual uses.   We can't
charge them with theft of trade secrets (even if they were) because
country A won't extradite them on those charges.

So, the countries ("B") have developed "deemed export" rules, and
groups of countries have treaty and other joint rules about sharing
and not sharing various technologies.  Many "western" countries are
signatory to the "Wassenaar Arrangement" for instance.

So, we have also had cases where citizens from country A go to country
C, get permanent residency or citizenship, then go to country B to
learn the advantages.  They then return to country A with the
knowledge.  Because the rules of deemed export only apply to current
citizenship status in many countries (such as the U.S.), if country C
is "friendly" the subterfuge might not be caught.

Now, there are many issues associated with this, such as which
countries to be concerned with, and what technologies are involved.

But, there is a real problem here, with real cases, and the espionage
goals of various countries is a matter of public record.

The "country of birth" restrictions sweep up people who are political
refugees, who were born (and left) a country that later had a regime
change that resulted in them falling from favor as a trusted country,
and who are legitimate immigrants.

Unfortunately, no simple solutions.

(And rather than repeat earlier material, I had written about use of
lie detectors for security clearances in one of my old blog posts: <http://peek.snipurl.com/lie-d
> .)


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