The academic research environment in U.S. universities is the greatest asset of America. It is the most open, independent, and creative research climate in the world, attracting the world’s top talents to the U.S. However, in recent years, more and more concerns are being raised about information leak and espionage, even for basic research projects whose intention is to publish all the findings. On December 11, 2019, as part of its ongoing effort to keep international research collaboration both open and secure, NSF released a report by an independent science advisory group JASON titled “Fundamental Research Security”. The American leadership in scientific research and technology innovations in the world has been built upon open intellectual exchange, global collaborations, and knowledge sharing. As a member of the advisory group for the JASON Report, Professor Peter Fisher will give a presentation addressing the value and risks of openness in basic research for the sustained world leadership of the U.S. in science and engineering.
Click here to view the JASON report in discussion: "Fundamental Research Security".
Peter Fisher, Professor of Physics and Head of the Physics Department, Massachusetts Institute of Technology
Xiaodong Zhang, Robert M. Critchfield Professor in Engineering, Ohio State University
The relationship between the United States and China has entered a new era of high tension. Professors, scientists, and students of Chinese ethnicity as well as those engaging in academic collaborations with China have become a major target of the law enforcement, suspected as nontraditional collectors for China. In 2015, Professor Xiaoxing Xi, a renowned physicist and Chair of the Physics Department of Temple University, became a casualty of this campaign despite being innocent. In this webinar, Dr. Xi will present his personal experience and discuss other actual criminal cases to illustrate the risks faced by academics with ties in China. Links to resources concerning case information, legal rights, attorney referral, fundraising, and activism will be provided. While being prepared to meet these challenges is important, he argues that the ultimate defense of our civil rights is for all to speak up against racial profiling and for open fundamental research.
Xiaoxing Xi, Laura H. Carnell Professor of Physics, Temple University.
Rory Truex, Assistant Professor of Politics and International Affairs, Princeton University.
In view of the recent investigations of the Chinese American academic and scientific communities, a white collar defense attorney and former federal prosecutor will provide community members in this presentation with guidance on their legal rights and strategies to employ when interacting with law enforcement officials and university counsel conducting investigations. The program will address: techniques utilized by law enforcement agents to obtain information from individuals subjected to investigations, strategies to respond to a surprise law enforcement interview request, investigation conducted by university counsel or compliance staff, and execution of a search warrant at a home, office, or lab.
Steven D. Feldman, White Collar Criminal Defense attorney and former federal prosecutor, Murphy & McGonigle PC.
Jingjing Ye, Intellectual Property attorney, Culhane Meadows PLLC.
Since the Department of Justice (DOJ) launched its China Initiative in 2018 to counter national security and technology threats from China, more than 1000 scientists have been investigated, and about 50 scientists were arrested with criminal charges. However, few of them were found to be involved in technology espionage, and others were found either innocent or misconduct. The hard-handed use of criminal law to prosecute the misconducts of scientists has created frustrations in the US higher education institutions, fears among scientists, worries about the future leadership of America in science and technology innovation, and loss of competitiveness in attracting talents from abroad. In this panel, we will discuss and debate the following questions:
Does criminalizing scientists make America stronger or weaker?
Do we need to stop or revisit and change the China Initiative for a better and stronger America?
Is it legal to use new disclosure rules to criminalize past missing disclosures of scientists for university-approved international collaborations?
Academic freedom has been the foundation of America’s leadership in education, science, and technology innovation. How can the government, academia, industry, and scientists come together to make better research policies to promote science and protect national security under the constitution?
Who should attend this forum? We want you! The China Initiative will affect America’s leadership in science in decades to come.
Jay Bratt, Chief of the Counterintelligence and Export Control Section (CES), National Security Division in the Department of Justice.
Margaret K. Lewis, Professor of Law, Seton Hall University School of Law.
As many know, the Chinese American academic community has become deeply concerned over the growing number of criminal cases brought against certain professors from different universities arising out their connections with the PRC. The latest case against Professor Gang Chen of MIT has sparked significant attention to the situation. The Chinese American Scholars Forum, in coordination with several non-profit North American professional associations, plans to roll out a series of webinars where experienced lawyers, government officials and other professionals will be invited to provide insights into the process, common legal allegations, as well as recommended best practices in pursuing academic endeavors.
孙自骅律师 (Brian Sun) (Bio Wikipedia page) 是位享誉全美的杰出庭审律师，曾代理过海内外知名的李文和案，被Lawdragon Magazine杂志评为美国最杰出500位律师之一。他还被《钱伯斯》评为第一梯队律师且被《法律名人录》评为商业犯罪辩护领域最受尊敬的律师。