Malign Influence

Growing Concerns

The current regulatory landscape informing the research enterprise includes serious growing concerns by the US Government concerning malign influence over federally funded research. As a result, academic research institutions have a heightened interest in understanding the affiliations and dealings faculty members may have with foreign governments and entities. Indiana University encourages international collaboration, and recognizes it is important for investigators to be transparent about their foreign relationships and activities.

Here are some key concerns:

Failure to disclose

Failure by some researchers to disclose substantial contributions of resources from other organizations, including foreign governments.

Diversion

Diversion of intellectual property to foreign entities.

Sharing

Sharing of confidential information by peer reviewers with others, including in some instances with foreign entities, or otherwise attempting to influence funding decisions.

What is Malign Influence?

Congress defines foreign malign influence in 50 U.S.C. 3059(f)(2) as "any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of, the government of a covered foreign country with the objective of influencing, through overt or covert means (A) the political, military, economic, or other policies or activities of the United States Government or State or local governments, including any election within the United States; or (B) the public opinion within the United States."

What are key indicators of Malign Influence?

Unsolicited requests to peer review or provide assistance on research.
Overqualified candidates seeking employment in a lab.
Invitation to an unfamiliar conference as presenter or speaker.
Student or peer asking about classified research or probing for information they have no need to know.
Contractual language that includes sole IP ownership, recruitment of trainees or researchers, extensive travel, offers of position or formal employment, language inconsistent with stated purpose of contract, inclusion of non-disclosure agreements.
Unusual or invasive line of questioning or invites.

What are some examples of Malign Influence?

Most talent recruitment programs are good and promote a healthy exchange of culture and knowledge, but there are some that are part of a broader whole-of-government strategy to obtain U.S. technologies. Incentivizing researchers to share information for money or in-kind rewards like lab space and luxuries. These programs are considered malign and are generally one-sided and are contradictory to IU values.

The DoD released their policy titled, "Countering Unwanted Foreign Influence in Department-Funded Research at Institutions of Higher Education" on June 29, 2023. Per policy, beginning August 9th, 2024, the DoD is prohibited from providing funding to or making an award of a fundamental research project proposal in which a covered individual is participating in a malign foreign talent recruitment program or to a proposing institution that does not have a policy addressing malign foreign talent recruitment programs pursuant to Section 10632 of the CHIPS and Science Act of 2022.

Learn more about MFTRP

When foreign governments stalk, intimidate, or assault people in the United States to silence dissent or force their agenda, it is considered transnational repression. Transnational repression may take the following forms:

Stalking
Harassment
Hacking
Assaults
Attempted kidnapping
Forcing or coercing the victim to return to the country of origin
Threatening or detaining family members in the country of origin
Freezing financial assets
Online disinformation campaigns

At Indiana University, engagement with foreign students, scholars, and institutions has long been a cornerstone of the university's mission. We have and will continue to advocate forcefully for this critical engagement so any student from any place may enjoy the opportunities and freedoms afforded to those who seek them.

Nation-states have been known to employ a whole-of-society approach where non-traditional spies are used to collect information or report information related to dissidents across U.S. industries, including higher education.

What is the best approach for continued collaboration?

Education

Education is one of the best ways to safeguard research and mitigate security threats. By becoming more aware of risks, IU Researchers can begin to understand the threat landscape and the possible ways the research environment could be vulnerable to malign influence. The Research Security Office and IU Researchers can have a shared commitment to meeting federal guidelines as well as protecting research, IU, and the research environment.

Awareness

Understanding

Shared Commitment

Compliance

At Indiana University, engagement with international students, scholars, and institutions has long been a cornerstone of the university's mission. We have and will continue to advocate forcefully for this critical engagement. The steps that we are taking in response to the federal and state concerns are not intended to diminish the robust international activity that is part of the fabric of our institution. Rather, they are intended to help IU meet its obligation to comply with government requirements concerning malign influence and to help inform faculty and other researchers of these requirements and assist them to avoid legal liability resulting from failure to disclose certain foreign activities.

Who can I contact for help?

If you suspect malign influence and would like to talk with someone in the Research Security Office, please contact rsohelp@iu.edu.