WASHINGTON — The controversy over Chinese espionage at U.S. nuclear labs has largely receded, but exactly who did what to whom, and whether or how much it matters, remains unsettled. The lack of clarity, however, has not impeded the advancement of several "reforms" to close security holes. Unfortunately, some of these solutions will create more problems than they solve.
Despite millions of dollars spent on multiple independent investigations, there is a remarkable absence of consensus concerning the significance of Chinese espionage over the last two decades. China stole "the crown jewels of our nuclear arsenal," proclaimed Rep. Christopher Cox (R-Newport Beach), chairman of a select committee that issued a three-volume report on the subject in May. The situation "confirms my worst fears," said Sen. Richard C. Shelby (R-Ala.), chairman of the Senate Intelligence Committee.
Yet, a panel convened by the Central Intelligence Agency, and chaired by retired Adm. David Jeremiah, reported that "We do not know whether any weapon-design documentation or blueprints were acquired." While espionage did occur, the panel added, "the aggressive Chinese collection effort has not resulted in any apparent modernization of their deployed strategic force or any new nuclear-weapons deployment." A report by the president's Foreign Intelligence Advisory Board concurred, noting that "The classified and unclassified evidence available to the panel, while pointing out systemic security vulnerabilities, fall short of being conclusive."
Still, the investigations have had some salutary effects. For one, they have concentrated policymakers' attention on the distinctly unglamorous field of counterintelligence, resulting in the development of a more effective organizational structure and the prompt correction of some evident security flaws. They also have given a public voice to some internal critics whose views had been muffled by bureaucrats.
But the confusion and innuendo swirling around Chinese espionage have engendered some extraordinarily ill-considered proposals that could infringe upon the constitutional rights of Americans, divert security resources into a mindless spy hunt and leave government increasingly unaccountable to its citizens.
After the New York Times reported that Los Alamos scientist Wen Ho Lee had committed security infractions involving the transfer of classified information to an unclassified computer system, a strong presumption was created in the media and elsewhere that Lee was, in fact, a spy. Never mind that he was cooperating with the FBI and that he had not been arrested or indicted on any charge.
