May 14th, 2012
Intelligence Note: Prepared by the Internet Crime Complaint Center (IC3) – May 8, 2012 http://www.ic3.gov/media/2012/120508.aspx
Recent analysis from the FBI and other government agencies demonstrates that malicious actors are targeting travelers abroad through pop-up windows while establishing an Internet connection in their hotel rooms.
Recently, there have been instances of travelers’ laptops being infected with malicious software while using hotel Internet connections. In these instances, the traveler was attempting to setup the hotel room Internet connection and was presented with a pop-up window notifying the user to update a widely-used software product. If the user clicked to accept and install the update, malicious software was installed on the laptop. The pop-up window appeared to be offering a routine update to a legitimate software product for which updates are frequently available.
The FBI recommends that all government, private industry, and academic personnel who travel abroad take extra caution before updating software products on their hotel Internet connection. Checking the author or digital certificate of any prompted update to see if it corresponds to the software vendor may reveal an attempted attack. The FBI also recommends that travelers perform software updates on laptops immediately before traveling, and that they download software updates directly from the software vendor’s Web site if updates are necessary while abroad.
Anyone who believes they have been a target of this type of attack should immediately contact their local FBI office, and promptly report it to the IC3′s website at www.IC3.gov. The IC3′s complaint database links complaints together to refer them to the appropriate law enforcement agency for case consideration. The complaint information is also used to identify emerging trends and patterns.
May 4th, 2012
BIS and State Department publish proposed rules addressing energetic materials and related articles that the President determines no longer warrant control on the United States Munitions List. The comment period for both rules closes on June 18, 2012.
BIS Proposed Rule
State Proposed Rule
April 23rd, 2012
77 FR 22191
Revisions to the Export Administration Regulations (EAR): Export Control Classification Number 0Y521 Series, Items Not Elsewhere Listed on the Commerce Control List (CCL)
This rule amends the Export Administration Regulations (EAR) by establishing a new Export Control Classification Number (ECCN) series, 0Y521, on the Commerce Control List (CCL) and makes corresponding changes to the EAR. The ECCN 0Y521 series will be used for items that warrant control on the CCL but are not yet identified in an existing ECCN. The 0Y521 series was described in a proposed rule published on July 15, 2011 (76 FR 41958) that identified a framework for how articles, which the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant control on the USML would be controlled under the CCL. BIS explained in the July 15, 2011 proposed rule that this new temporary holding classification is equivalent to United States Munitions List (USML) Category XXI (Miscellaneous Articles), but with a limitation, as described in the rule. Items will be added to the 0Y521 ECCNs by the Department of Commerce, with the concurrence of the Departments of Defense and State, when it identifies an item that should be controlled because it provides a significant military or intelligence advantage to the United States or because foreign policy reasons justify such control. The 0Y521 provisions were published in final form, with necessary corresponding changes, separate from the other July 15 rule proposals. Public comments on the other July 15 proposals remain under BIS review.
April 11th, 2012
Read the full story.
Story on the role of export controls in the recent debate on publishing the results of a recent study that scientists created mutant strains of bird flu.
The fear is that this information may be used to develop bioweapons. An advisory committee in the U.S. has decided to move forward with publishing, in part, however Dutch export controls have blocked publication. (The research was performed in the U.S. and the Netherlands.)
April 5th, 2012
The Department of Health and Human Services’ (HHS) Office of Biotechnology Activities (OBA) recently posted the new United States Government Policy for Oversight of Life Sciences Dual Use Research of Concern.
The purpose of this Policy is to establish regular review of United States Government funded or conducted research with certain high-consequence pathogens and toxins for its potential to be dual use research of concern (DURC) The principles supporting this policy as well as the scope are outlined. The policy also explains the department and agency responsibilities
December 23rd, 2011
BIS and State Department publish proposed rules addressing submersible vessels and related items that the President determines no longer warrant control on the United States Munitions List. The comment period for both rules closes on February 6, 2012.
Please visit http://www.bis.doc.gov/ for more information.
November 23rd, 2011
On November 23, 2011, President Obama signed Executive Order (EO) 13590 that authorizes the imposition of certain sanctions with respect to the provision of goods, services, technology, or support for Iran’s energy and petrochemical sectors.
The EO targets transactions that could “directly and significantly contribute to the maintenance or enhancement of Iran’s ability to develop petroleum resources located in Iran,” and that could “directly and significantly contribute to the maintenance or expansion of Iran’s domestic production of petrochemical products.”
The sanctions are not limited to U.S. persons and apply to “any person.”
November 8th, 2011
On November 7, 2011, the Department of State issued a proposed rule in the Federal Register that amends the International Traffic in Arms Regulations (ITAR) to revise Category VIII (aircraft and related articles) of the U.S. Munitions List (USML) to describe more precisely the military aircraft and related defense articles warranting control of the USML.
October 5th, 2011
Former University of Tennessee professor Dr. J. Reese Roth’s certiorari petition was upheld by the Supreme Court on October 3, 2011. The Supreme Court brief can be viewed here.
This is the frequently cited case of the University of Tennessee professor who was convicted of violations of ITAR. The decision is an interesting read and raises concerns about carving out subprojects that are not subject to export controls under contracts for research that is otherwise subject to controls. In this case, Roth permitted access by a foreign graduate student to technical data relating to an Air Force military drone project.
Roth’s certiorari to the Supreme Court argued that the Sixth Circuit court appeal (Dismissed in Jan 2011) was flawed in its finding that the willfulness element necessary for a conviction under the Arms Export Control Act did not require a finding that Professor Roth knew that the technology in question was on the United States Munitions List. The Sixth Circuit held that Professor Roth was aware that his conduct was unlawful without regard to any specific knowledge he may or may not have relating to the United States Munitions List (USML).
October 5th, 2011
In a White House Press Release, President Obama announced Executive Order imposing further sanctions on Syria which prohibits:
(a) new investment in Syria by a US person, wherever located;
(b) exportation, reexportation, sale, or supply, directly or indirectly, from the US, or by a US person, wherever located, of any services to Syria;
(c) importation into the US of petroleum/petroleum products of Syrian origin;
(d) any transaction or dealing by a US person, wherever located;
(e) any approval, financing, facilitation, or guarantee by a US person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited by this section if performed by a US person or within the United States.
This ban on services includes providing educational services (including distance learning – DLPE) to Syrian nationals (including students, in both Syria or in third party countries outside of the United States (e.g., Egypt)), without license from Office of Foreign Asset Controls (OFAC) for the exportation of such educational services.