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11. 2021 Reader’s Guide to Understanding the Proposed US Cyber Enforcement Budget

Author:
Aaron Clarke
Publication Date:
09-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
Cyber attacks in the United States continue to devastate and disrupt day-to-day operations in the private and public sectors. Marked by events like the ransomware attack on Colonial Pipeline that created gas shortages and increased prices, cybercrime impacts everyday citizens, even if they are not directly targeted by an attack. The Department of Homeland Security (DHS) reported that in 2020 there were “over $4 billion in cybercrime losses reported to the U.S. government.”1 This growing cybersecurity threat has only been exacerbated by the rise of cryptocurrencies like Bitcoin and exposed network vulnerabilities from those working from home during the pandemic.2 In response to this influx of cyber attacks, the Biden Administration has taken steps to both bolster the federal government’s ability to detect and respond to cyber attacks as well as protect its own systems.3 The Department of Energy (DOE) and DHS have both made cybersecurity a top priority in their latest initiatives. President Biden called on DOE to launch a 100 day plan aimed at preventing disrupted services for electric utilities, and DHS announced a series of 60-day “sprints” to support private and public partners against ransomware.4 The FY2021 National Defense Authorization Act also created the first U.S. National Cyber Director, tasked to lead the implementation of U.S. cyber policy and strategy, and rapidly improve cybersecurity defense capabilities. Although ransomware attacks have spiked, the federal government has made inroads on combatting cyber criminals. The Cyber Enforcement Budget for FY2022 should continue funding and seek to build on the key improvements and actions taken by the Biden administration. In this guide, we will look at the budget implications for cyber enforcement, recommendations for Congress, and provide a detailed breakdown of the proposed budget’s funding allocations. Specifically, we recommend that Congress should: Restore the $15 million of funding cut from the State Homeland Security Program. The program provides critical grants to states that require recipients spend at least 10% of their grants on cybersecurity needs. Require an alignment of cybercrime goals and outcomes across law enforcement agencies within the Departments of Homeland Security, Justice, and Treasury. Ensure that federal agencies are prepared to implement President Biden’s cybersecurity executive order.
Topic:
Defense Policy, Science and Technology, Law Enforcement, Budget, and Cybersecurity
Political Geography:
North America and United States of America

12. Where Are We Now? Examining the Trump Administration’s Efforts to Combat Cybercrime

Author:
Michael Garcia and Anisha Hindocha
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
Amid the COVID-19 pandemic, the United States has seen an acceleration of an already massive cybercrime wave. Daily reports of cybercrime to the FBI’s Internet Crime Complaint Center have nearly quadrupled since the pandemic began, to roughly 4,000 reports per day. Unfortunately, even before this crisis began, the enforcement rates for these crimes are low – for every 1,000 reported cyber incidents, only three arrests of the perpetrators occur. In the fall of 2018, the White House released the “National Cyber Strategy of the United States,” which detailed how the Administration would create or update policies for combating cybercrime. While no implementation plan for this Strategy was ever published, Third Way conducted an analysis of publicly available information of the Administration’s actions and budgetary allocations since the strategy’s release to examine their cybercrime enforcement efforts.
Topic:
Security, Defense Policy, Science and Technology, Cybersecurity, Pandemic, COVID-19, and Digitalization
Political Geography:
North America and United States of America

13. Weakened Encryption: The Threat to America’s National Security

Author:
Mieke Eoyang and Michael Garcia
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
For years, law enforcement officials have warned that, because of encryption, criminals can hide their communications and acts, causing law enforcement to struggle to decrypt data during their investigation—a challenge commonly referred to as “going dark.” They called on technology companies to build a process, like a “master key,” to enable law enforcement to unlock encrypted communications. While this may seem like a tempting idea, it would have grave implications for our national security. As more and more of our communications move online, users seek out encrypted services to protect their privacy. Unlike telephonic communications, and despite repeated requests by law enforcement to do so, Congress has not required internet communications platforms to give law enforcement access to intercept user communications or access stored communications. In this paper, we assess the national security risks to a requirement to provide that master key (referred to throughout as “exceptional” or “backdoor” access) to encrypted communications and propose alternative approaches to address online harms.
Topic:
Security, Science and Technology, Cybersecurity, and Encryption
Political Geography:
North America and United States of America

14. 2020 Country Brief: China

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
hina is no longer a budding regional hegemon, but a global power seeking to rival the United States on the international stage in economic, military, technological, and diplomatic terms. Further, the country’s actions—such as handling public health issues—have direct consequences for Americans. Moderating China’s growing influence is the foreign policy challenge that will define the future. Yet “America First” policies, in combination with erratic leadership, have placed the United States at a strategic disadvantage in the international arena, providing China the opportunity to fill a leadership void and promote its policies and technologies, while achieving its economic and military ambitions.
Topic:
Science and Technology, Hegemony, Leadership, and Influence
Political Geography:
China and Asia

15. 2020 Thematic Brief: US Cybersecurity Efforts

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
Cybercrime is exploding. Malicious cyber actions by America’s adversaries are becoming more sophisticated. And cybersecurity remains a top national security issue for the United States. But while we are spending huge amounts of effort to secure our systems, our ability to go after attackers is woefully outdated. As COVID-19 continues to ravage the globe, malicious actors are exploiting the pandemic and committing cyberattacks for a variety of motives. Nation-states, terrorists, criminal groups, and lone actors have launched cyberattacks and committed cybercrime against large businesses and private citizens, causing devastating impacts to US national and economic security. While federal, state, and local agencies have taken steps to reduce cyber threats, the Trump Administration has not provided nearly enough resources, does not coordinate efforts, and denies risks posed to election infrastructure. Here’s what Congress must do: Go after the bad actors. We must improve the US government’s capabilities to identify, stop, and punish human cyber attackers in order to close the yawning cyber enforcement gap: the number of cyberattacks launched per year in the United States versus the number of arrests of malicious cyber actors; Secure America’s election infrastructure and combat foreign interference and disinformation efforts; and Re-establish the United States as a global leader in setting policy around how different actors should behave in cyberspace and boost international cooperation and capacity around these issues.
Topic:
Security, Defense Policy, Science and Technology, Cybersecurity, and COVID-19
Political Geography:
North America and United States of America

16. A Roadmap to Strengthen US Cyber Enforcement: Where Do We Go From Here?

Author:
Allison Peters and Michael Garcia
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
The following report is the result of a multiyear effort to define concrete steps to improve the US government’s ability to tackle the scourge of cybercrime by better identifying perpetrators and imposing meaningful consequences on them and those behind their actions
Topic:
Security, Defense Policy, Science and Technology, Governance, and Cybersecurity
Political Geography:
North America and United States of America

17. Restoring Trust between U.S. Companies and Their Government on Surveillance Issues

Author:
Mieke Eoyang and Chrissy Bishai
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Allegations of intrusive U.S. government electronic surveillance activities have raised international outcry and created antagonism between U.S. technology companies and the government. Without a bold and enduring reform, American companies will continue to suffer a competitive disadvantage from perceptions of U.S. government intrusion into their data. We propose bringing electronic surveillance collection from U.S. companies into an existing statutory framework in order to reassure international customers and to respect the rights of U.S. companies operating abroad.
Topic:
Science and Technology, Surveillance, Big Tech, and Civil Liberties
Political Geography:
United States and North America

18. To judge NSA reforms, look to the tech industry

Author:
Mieke Eoyang
Publication Date:
01-2013
Content Type:
Working Paper
Institution:
Third Way
Abstract:
In 1976, Senator Edward Kennedy first introduced the Foreign Intelligence Surveillance Act to rein in government scrutiny of Americans. That law made America’s telecommunications companies the gatekeepers of the public’s information. But back then, “Ma Bell” was still around — AT&T wasn’t broken up until 1982 — and mobile phones were a distant dream. Now, nearly 40 years and a tech revolution later, President Obama faced similar questions on how to protect the American people’s privacy.
Topic:
Security, Defense Policy, Science and Technology, Surveillance, and Civil Liberties
Political Geography:
United States and North America