Science and Security in a Post 9/11 World A Report Based on Regional Discussions Between the Science and Security Communities (2007) / Chapter Skim
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The confluence of the globalization of business and the revolution in information storage and transmittal has changed the landscape upon which to build national and international security. This requires a re-examination of the security measures developed during the days of the Cold War to assess whether those tools are still appropriate and to determine how they are affecting the current science and technology enterprises.
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In the committee's view, none of these concerns should be dismissed or disregarded. And indeed, the committee was aware that the university community has responded to concerns raised by the September 11th terrorist events by strengthening current policies and implementing new policies stemming from recent federal regulations.
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Given the current diminishing rates of new scientific and engineering talent in the United States -- the subject of other reports and a topic of national concern -- the size of the U.S. research and development effort cannot be sustained without a significant and steady infusion of foreign nationals.
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Each regional workshop addressed all four topics, although with different emphases, depending on the research focus of a particular host institution/region.1 Response to the Charge The committee was composed of individuals with a wide array of experiences in academic and government service, including individuals who served or are currently serving in senior government or committee positions with the following organizations: • Central Intelligence Agency • Defense Science Board • Department of Defense • Department of Energy • Department of State • National Nuclear Security Administration • National Science Advisory Board on Biosecurity • National Security Agency • National Security Council • Nuclear Regulatory Commission • Senate Armed Services Committee and Intelligence Oversight Committee • U.S. Air Force • U.S.
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The political leadership of the United States must understand, and in turn must help all Americans understand, that as a nation the United States has no exclusive ownership of ideas or knowledge and that scientific discoveries and technological advances made in the United States often rely on knowledge created outside our borders. Although prudence requires close stewardship of the most harmful and dangerous products of human ingenuity, unnecessarily closing ourselves off from the world in a futile effort to protect ourselves will only isolate us from an increasingly integrated and competitive global community.
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Therefore, developing and implementing measures to control access to sensitive information must be considered within the context of overall costs to the research community and to the public that benefits from the results of such research, and with an eye toward the anticipated effectiveness of such measures to actually enhance security.
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. The problem for universities is that federal agencies sometimes impose restrictions on publications or foreign nationals in their research contracts to universities when the research complies with the requirements of NSDD-189.
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Recommendation 2: Federal funding agencies should make clear to industrial awardees that the restrictive publication and foreign national clauses placed in government awards that would not apply to universities should not be passed down to university subawardees conducting fundamental research. In cases where the content of the subaward is known in advance, government contracting officers should include the appropriate provision in the original award.
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Export Controls and Deemed Exports The federal government, in addition to using classification, also attempts to control the flow of information and materials through export control and arms trafficking regulations. Specifically, the Department of Commerce implements the EAR that bars the export of items, technology, and technological information found on the Commerce Control List to foreign countries without appropriate export licenses.
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In addition to these export controls, deemed exports is a term that is used to refer to the transfer of controlled information to a foreign national within the United States, such as a foreign scientist working in a university laboratory. Typically, universities rely on the fundamental research exclusion to exempt such research from export control, and universities have understood that fundamental research is excluded from deemed export regulations.
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In the months after the September 11th attacks, the Department of State amended the Technology Alert List (TAL) used by consular officials during the interview process when determining the issuance of nonimmigrant visas.
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government should develop policies and procedures for the oversight of dual-use life sciences research that foster international collaboration and control strategies, with a goal of harmonizing the mechanisms of local oversight. Biosafety oversight of life sciences and biotechnology research in the United States has historically been based on self-governance on the part of researchers and on local risk-based oversight.
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Support for the social sciences also is needed because the lack of strategic analysis from the social sciences helped contribute to past intelligence failures, and human intelligence will continue to play an increasingly important role in our ability to understand our enemies and identify the next threat. Furthermore, methods and strategies for determining security risks and the benefits of preventive actions and establishing appropriate risk/benefit calculations need to be further developed, and mechanisms for accurately and appropriately communicating risks and threats to the scientific community and general public must be improved -- all of which calls for the need to sufficiently support the fields of area studies, languages, risk analysis, and the social sciences more generally.
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The current emphasis on "risk minimization" is one-sided and does not balance the costs and lost benefits against the magnitude and likelihood of the risk. Partnerships for Science and Security In the context of a constantly changing global economy -- from which new threats to national and international security have emerged and will continue to do so -- it is imperative to develop and maintain communication channels between the security and academic research communities in order to facilitate ongoing discussion and sharing of information.
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As a first step, the commission should undertake a review of the mechanisms now being used to control exports, including deemed exports. It should utilize the recommendations that will be made by the recently established Commerce Department Deemed Exports Advisory Committee.
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Important advances from longterm research are critical to meeting the challenge of future technological threats and human health concerns, and thus such research must receive substantial federal support.
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