February 23, 2021
The Biden Administration Should Review and Rebuild the Trump Administration’s China Initiative From the Ground Up
With the mid-January arrest of Massachusetts Institute of Technology engineering professor Gang Chen, the outgoing Trump administration’s Department of Justice handed its successors a firestorm of controversy to reckon with, including relentless criticism from academic institutions and Asian American advocacy groups. Chen’s case, part of a Trump-era Department of Justice program known as the “China Initiative,” centers on allegations that the celebrated professor, a Chinese-born American citizen, solicited millions in research funding from the U.S. government without properly disclosing that he was simultaneously working as a talent scout and subject matter expert for the Chinese government. As the Biden administration undertakes a review of Trump’s policies on China, the initiative’s approach is overdue for rethinking and recalibration.
The incoming Biden administration should reform and rebuild the effort from the ground up to better reflect the highest values of the American justice system.
The China Initiative was launched in November 2018 as a prosecutorial response to China’s persistent, pervasive, and well-documented campaign of economic espionage and illicit knowledge transfer. The core mission is both justified and necessary. Many of its prosecutions clearly serve the public good, including bringing charges against state-sponsored hackers for targeting American biomedical companies working on treatments for COVID-19, the respiratory disease caused by the novel coronavirus. However, outright economic espionage is only one component of China’s overall innovation strategy. The Chinese government also relies heavily on modes of knowledge transfer that don’t align with traditional definitions of espionage, such as targeted start-up acquisitions and talent recruitment. Such activities are often challenging to prosecute but nevertheless can damage the U.S. national interest. In response to these expansive knowledge transfer efforts, the China Initiative has moved beyond prosecuting straightforward cases of intellectual property theft and into “gray areas,” such as Chen’s case.
Read the full article from Lawfare.
More from CNAS
-
Five Objectives to Guide U.S. AI Diffusion
Commentary
The Framework for AI Diffusion (the Framework) is an ambitious proposal to shape the global distribution of critical AI capabilities, maintain U.S. AI leadership, and prevent ...
By Janet Egan & Spencer Michaels
-
Shaping the World’s AI Future: How the U.S. and China Compete to Promote Their Digital Visions
Commentary
As the United States navigates evolving global AI competition, balancing these elements will be crucial in determining whose AI systems — and by extension, whose approaches, v...
By Keegan McBride
-
Countering the Digital Silk Road: Brazil
Reports
Project Overview This year marks the 10th anniversary of the Digital Silk Road (DSR), China’s ambitious initiative to shape critical digital infrastructure around the world to...
By Ruby Scanlon & Bill Drexel
-
Promethean Rivalry
Reports
Executive Summary Just as nuclear weapons revolutionized 20th-century geopolitics, artificial intelligence (AI) is primed to transform 21st-century power dynamics—with world l...
By Bill Drexel
