Patented, Secret Technology May be at Risk To Spies
WASHINGTON -- The security of classified military and defense secrets that are patented or patent-pending is at risk to espionage in the very repository entrusted with safekeeping and preserving the best and most- advanced technology in the world, accord-ing to a source who asked to remain anonymous.
When interviewed, the source expressed concern that security in the patent side of the U.S. Patent and Trademark Office (PTO) may not be tight enough to prevent sensitive and classified technology from being transferred to foreign governments, or foreign companies, or elsewhere by one means or another.
Due to the classified nature of the technologies, it is unknown which particular military secrets are patented at the PTO.
However, examples surely include aspects of the airplane skin technology for military stealth aircraft, military spy satellites, U.S. submarine silencing technologies, nuclear weapons, ordnance, communications, and the like.
Six security risk areas are said by the source to exist at the patent office. These risk areas are:
Table 1. Identified PTO Security Risk Areas
- Physical Access Security
- Document Security
- Computer Access Control
- Non-U.S. Citizen Workers
- Security Background Investigations
- Dial-in Computer Access
1. Physical access security
Access control for areas processing classified patents and classified patent applications is said to be inadequate, according to the source.
Doors to areas processing classified patent applications and patents are not locked during business hours. There is no keycard access control, to restrict entry and to log entrants during business hours.
From late evening until 6 am, a plastic cardkey is needed to operate the elevators, but not during the normal business day.
The source revealed that any person could move around unhindered during the day, within the buildings, even without an ID card.
2. Document security
Document security for classified patents and patent applications is inadequate, according to the source.
Even though classified files are secured at night in vaults within classified art unit areas, offices are open during the day and employees often step away from their desks, leaving files accessible.
The source described how it would not be difficult to take a file, go to a copying machine, copy the file, take the copies, then leave the file in some convenient place or return the file to the central files for that area.
Copy machines in the patent office are said not to require audit keys to operate.
3. Computer access control
Computer access control to guard classified patents and patent applications may be inadequate, according to the source.
It is unclear to what degree classified patents and patent applications may be accessed through the PTO computer system by patent office insiders having various levels of access privilege.
When Mr. Richard G. Maulsby, a spokesman for the PTO, was asked whether patent examiners working in various classified art units have access across-the-board to all classified patent applications and classified patents, even outside their classified art form areas, he refused to respond.
4. Non-U.S. citizen workers
The source said that government-contractor personnel provide administrative support and perform various routine administrative chores for the PTO. Such chores include filing, transporting both unclassified and classified patent application files and patent files, copying, mail distribution, computer and technical support, and the like.
The source revealed that not all of these contractor personnel are U.S. citizens. Some are “green card” alien workers.
5. Security background investigations
Employees of the patent office must be United States citizens, but do not have to be U.S. born, according to PTO Human Resources.
Security background investigations (SBIs) on former foreign nationals seeking employment, or working as patent examiners, may be insufficient, the source said.
In security background investigations of prospective and on-board PTO employees, the source was concerned about the possibility of the SBI overlooking forged credentials, including foreign degrees, and “mistranslations” of credentials.
6. Dial-in computer access
The patent office has put both patents and patent applications on internet-accessible databases.
Issued patents since 1976 are available in full-text and issued patents going back to 1790 are available as full-page images. Patent applications since Mar. 15, 2001, have been published on the PTO’s internet website.
Also, according to the source, the patent office is prototype testing telecommuting for its examiners; that is, allowing examiners to work from home, or elsewhere, to log-on to the patent office computer, conduct their searches, and submit their action on the patent applications electronically.
The source claims the PTO telecommuting program poses 3 risks: Dial-in access to the patent office computer opens opportunities for computer hacker intrusion;
Communication with home computers connected to the internet risks contamination of the patent office computer system by computer viruses, worms, or Trojan horse programs; and
The transmission lines could be tapped, to gain access codes.
The source called the patent office “a fertile environment ripe for exploitation” by foreign powers, foreign companies, and spies. ###
Reprinted from The Justicegate News-Messenger; used with permission. This article published originally on Sep. 5, 2003. Free license granted to reprint and redistribute.
Ken Breedlove, Investigative Writer
The Justicegate News-
Messenger
This is the second of a series of articles on the U.S. Patent and
Trademark Office.