NSA whistleblower Edward Snowden and Pulitzer Prize-winning journalists Glenn Greenwald and Chris Hedges discuss mass surveillance, government secrecy, Internet freedom and U.S. attempts to extradite and prosecute Wikileaks founder Julian Assange. They spoke together on a panel moderated by Amy Goodman at the virtual War on Terror film festival after a screening of “Citizenfour” — the Oscar-winning documentary about Snowden by Laura Poitras.
The Electronic Frontier Foundation, who had filed an amicus brief in support of the plaintiffs, said it was perverse to dismiss a suit for lack of proof (standing) when the surveillance program complained of was secret, and urged federal courts to tackle the serious constitutional issues that Upstream surveillance presents. The plaintiffs filed an appeal with the United States Court of Appeals for the Fourth Circuit on February 17, 2016.
On May 23, 2017, the Fourth Circuit Court of Appeals vacated the dismissal by the lower court of Wikimedia’s complaints. The Court of Appeals ruled that the Foundation’s allegations of the NSA’s Fourth Amendment violations were plausible enough to “survive a facial challenge to standing”, finding that the potential harm done by the NSA’s collection of private data was not speculative. The court thereby remanded the suit by the Foundation and ordered the District Court of Maryland to continue the proceedings. The court inversely affirmed the dismissal by Ellis of the suits by the other plaintiffs; in its finding the court noted that the non-Wikimedia plaintiffs had not made a strong enough case that their operations were affected by Upstream’s scope.
a group of finance ministers to simulate a similar attack that shut down financial markets and froze global transactions. By several accounts, it quickly spun into farce: No one wanted to admit how much damage could be done or how helpless they would be to deter it.
.. something has changed since 2008, when the United States and Israel mounted the most sophisticated cyberattack in history on Iran’s nuclear program, temporarily crippling it in hopes of forcing Iran to the bargaining table.
.. the sophistication of cyberweapons has so improved that many of the attacks that once shocked us — like the denial-of-service attacks Iran mounted against Bank of America, JPMorgan Chase and other banks in 2012, or North Korea’s hacking of Sony in 2014 — look like tiny skirmishes compared with the daily cybercombat of today.
.. Yet in this arms race, the United States has often been its own worst enemy. Because our government has been so incompetent at protecting its highly sophisticated cyberweapons, those weapons have been stolen out of the electronic vaults of the National Security Agency and the C.I.A. and shot right back at us.
.. the WannaCry ransomware attack by North Korea last year, which used some of the sophisticated tools the N.S.A. had developed.
.. Nuclear weapons are still the ultimate currency of national power, as the meeting between President Trump and Kim Jong-un in Singapore last week showed. But they cannot be used without causing the end of human civilization — or at least of a regime. So it’s no surprise that hackers working for North Korea, Iran’s mullahs, Vladimir V. Putin in Russia and the People’s Liberation Army of China have all learned that the great advantage of cyberweapons is that they are the opposite of a nuke: hard to detect, easy to deny and increasingly finely targeted. And therefore, extraordinarily hard to deter.
.. Cyberattacks have long been hard to stop because determining where they come from takes time — and sometimes the mystery is never solved.
.. Today cyberattackers believe there is almost no risk that the United States or any other power would retaliate with significant sanctions, much less bombs, troops or even a counter cyberattack.
.. “They don’t fear us,”
.. At the State Department, the eviction took weeks, shutting down systems during negotiations on the Iran nuclear deal. The hackers were even bolder at the White House. Instead of disappearing when they were exposed, they fought back, looking to install new malware as soon as the old versions were neutralized.
.. It appears the attackers just wanted to prove they could go, and stay, anywhere in the American government’s network.
.. the United States never called out the Russians for what they were doing.
.. If Mr. Putin thought there was no price to be paid for invading White House systems, why wouldn’t he attack the Democratic National Committee?
.. By the summer of 2016, some Obama administration officials, waking to the threat, proposed counterstrikes that included exposing Mr. Putin’s hidden bank accounts and his ties to the oligarchs and cutting off Russia’s banking system. But the potential for escalation caused Mr. Obama and his top aides to reject the plan.
“It was an enormously satisfying response,” a senior American official told me later, “until we began to think about what it would do to the Europeans.”
Mr. Obama also understandably feared that anything the United States did might provoke Mr. Putin to tinker with election systems just enough to give credence to Donald Trump’s warning that the system was “rigged.”
.. Since the election, the American retaliation has included closing some Russian consulates and recreation centers and expelling spies — actions one Obama national security official called “the perfect 19th-century solution to a 21st-century problem.”
.. The wide-open vulnerabilities in America’s networks have essentially deterred the United States from credibly threatening retaliation against the Russians, the Chinese, the North Koreans and the Iranians.
.. One way to start is to make sure no new equipment goes on the market unless it meets basic security requirements. We won’t let cars on the road without airbags, so why do we do less with the systems that connect them to the internet?
.. Second, we must decide what networks we care most about defending — and make those priorities clear. Mr. Mattis’s threat to turn to nuclear weapons hardly seems credible — unless the cyberattack would create an existential threat to America. That requires an intensive public review of what is critical to our nation’s survival.
..President Trump forfeited the perfect opportunity when he decided against a commission to learn the larger lessons from the 2016 election.
.. the United States needs to end the reflexive secrecy surrounding its cyberoperations. We need to explain to the world why we have cyberweapons, what they are capable of and, most important, what we will not use them for.
.. it is in the nation’s interests to develop global norms clarifying that some targets are off limits: election systems, hospitals and emergency communications systems, and maybe even electric power grids and other civilian targets.
.. Microsoft’s president, Brad Smith, has proposed digital Geneva Conventions that begin to establish those norms, outside the structure of governments and treaties.
.. Intelligence agencies hate this idea: They want the most latitude possible for future operations in an uncertain world. But in any arms control negotiation, to create limits on others, you need to give up something.
The November midterm elections are vulnerable to the Russian interference that plagued the 2016 presidential election, the Trump administration’s top intelligence official said Tuesday.
Director of National Intelligence Dan Coats warned the Senate Intelligence Committee that Moscow could undertake cyber-influence operations in the coming congressional elections similar to those it stands of accused of running in 2016.
.. “Influence operations, especially through cyber means, will remain a significant threat to U.S. interests as they are cow-cost, relatively low-risk and deniable,” wrote Mr. Coats, a former Republican Indiana senator appointed by Mr. Trump to the top intelligence job in his administration last year. “Russia probably will be the most capable and aggressive source of this threat in 2018.”
.. Mr. Coats, along with the leaders of the National Security Agency and Central Intelligence Agency, told the panel they had already seen evidence Russian intends to interfere in the 2018 elections, but declined to elaborate, citing the public nature of the hearing.
.. Russia’s goal, Mr. Coats said, was to “create wedges that reduce trust and confidence in democratic processes.”
.. Central Intelligence Agency Director Mike Pompeo suggested that North Korea leader Kim Jong Un would be reluctant to give up his nuclear arsenal for fear that it would undermine his standing at home.
.. “The impacts of the long-term trends toward a warming climate, more air pollution, biodiversity loss, and water scarcity are likely to fuel economic and social discontent—and possible upheaval—through 2018,” Mr. Coats’s assessment found.