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11. Taking Action on Cyber Enforcement: Assessing US Legislative Progress in the 116th Congress

Author:
Michael Garcia and Pat Shilo
Publication Date:
02-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
The 116th Congress experienced events like no other in American history, including unprecedented levels of malicious cyber activity. Global estimates say that ransomware attacks have increased by 148% since February 2020, with many US hospitals and schools falling victim and having their operations suspended.1 Leading up to and during the pandemic, Members of the 116th Congress responded and drafted cybersecurity legislation, introducing 316 bills to tackle the issue—a 40% increase from the previous Congress. This memo presents a comprehensive analysis of the cybersecurity legislation introduced in the 116th Congress and is a successor to our memo assessing the cybersecurity legislation in the previous Congress. Unlike the 115th Congress, the two chambers of the 116th were each under the control of a different party. Still, more than half of the introduced bills were bipartisan, including 85% of the bills signed into law. However, only 11% of the introduced bills focused on imposing consequences for the human actors behind cyberattacks, such as imposing sanctions or strengthening laws to prosecute criminals to hold them accountable for their actions. Following the trend of past congresses, most of the bills focused on protecting data and securing critical infrastructure. But while defending data and infrastructure is important, the lack of legislation to address the challenges of imposing consequences on the human actor suggests that Congress should prioritize introducing and passing bipartisan legislation that reduces the impunity with which malicious cyber actors, particularly cybercriminals, act. Here are the main takeaways from the bills introduced last Congress: Cybersecurity-related legislation increased by 40% since the 115th Congress. Of the 316 bills introduced, 14 became law, with nine related to appropriations or agency authorizations legislation. However, only 36 of the 316 bills introduced in the 116th Congress, and just three of the 14 provisions signed into law, focused on imposing consequences on the human actors behind cyberattacks. Cybersecurity remains a largely bipartisan issue. Over 50% of all legislation and 85% of all bills signed into law had a bipartisan co-sponsor.
Topic:
Security, Science and Technology, Cybersecurity, Legislation, and Cyberspace
Political Geography:
North America and United States of America

12. Follow the Money: Few Federal Grants are Used to Fight Cybercrime

Author:
Michael Garcia
Publication Date:
02-2021
Content Type:
Special Report
Institution:
Third Way
Abstract:
Like traditional crime, not all cybercrime rises to the level that requires a federal response. And like other crimes, victims will call upon state and local law enforcement to respond.1 They are unprepared. The 18,000 law enforcement agencies in the United States lack the tools, personnel, and resources to respond to cybercrime effectively. State and locals have turned to federal funding to fill these gaps, but federal government grants do not prioritize combatting cybercrime. The Justice Department (DOJ) has never identified cybercrime as an “Area of Emphasis” for their main criminal justice grant that awards state and local criminal justice agencies $400-$550 million annually.2 And while DOJ and the Department of Homeland Security (DHS) provided nearly $2 billion that state and local officials could use for cyber enforcement purposes in Fiscal Year (FY) 2019, data from DHS implies that very little is used for cybercrime. Only 2% of all DHS preparedness grant programs were used for all cybersecurity needs in FY 2019.3 Moreover, just three grants in FY 2019 were solely dedicated to cybercrime with a total budget of $12.7 million.4 As a result, only 45% of local law enforcement agencies have access to adequate digital evidence resources, according to one survey. This leads to a backlog of un-analyzed evidence needed to investigate cybercrime and a sense of futility about law enforcement’s ability to close cases.5 While Members of Congress have introduced several bills to create dedicated cybersecurity grant programs for state and local entities, these proposals tend to not include cyber enforcement needs as an eligible expense.6 Moving forward, Congress should: Call on DOJ and DHS to prioritize combatting cybercrime as a main law enforcement issue within their grants. Require prioritization of cyber enforcement needs in grant programs administered by DOJ and DHS in annual appropriations bills; and List cyber enforcement spending as an eligible expense in any bills creating new cybersecurity grant programs for state and local governments.
Topic:
Crime, Law Enforcement, Cybersecurity, Police, Justice, and Cyberspace
Political Geography:
North America and United States of America

13. The Militarization of Cyberspace? Cyber-Related Provisions in the National Defense Authorization Act

Author:
Michael Garcia
Publication Date:
04-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
With Congress struggling to pass stand-alone cybersecurity legislation, the National Defense Authorization Act (NDAA) is now the primary vehicle to pass all matters of cybersecurity legislation. Because the annual defense bill typically requires provisions to have a tie to national security, other cyber issues, like those pertaining to criminal justice, tend to be excluded. As a result, the authorities and resources awarded to Department of Defense (DoD) cyber mission far outpace those provided to civilian agencies responsible for partnering with state, local, private, and international partners. With ransomware and cyber incidents at an all-time high, Congress should either include a new title in future Defense bills to bolster US cyber enforcement and civilian agencies’ capabilities or pass a cyber-omnibus bill to fix policy gaps and provide commensurate funds to federal and local agencies to combat malicious cyber activity. In this paper, we analyzed the last five NDAAs (2017-2021) to chronicle Washington’s reliance on the NDAA to shepherd through a wide swath of cybersecurity legislation. We found that: Members of Congress included 290 cyber-related provisions in the past five NDAAs, with the past two NDAAs accounting for 60% of those provisions. In fact, the FY 2021 NDAA contained 380% more cyber-related provisions than the FY 2017 NDAA. The 179 cyber-provisions included in the past two NDAAs far outpace the 14 cybersecurity bills that the 116th Congress passed (two of which were those NDAAs). Across 13 categories, three of the top four were aimed at the DOD core cyber missions, such as changing organizational processes and structures, protecting DoD assets, and engaging with foreign partners while deterring nation-state adversaries. In FY 2020, the number of non-DoD-related cyber provisions began increasing, such as supply-chain security and industrial policy, critical infrastructure protection, and election security. The provisions in these NDAAs helped improve US offensive cyber capabilities, implement measures to deter cyber adversaries, and shore up our cybersecurity defenses, all of which are needed. But because cybersecurity is a multifaceted issue that expands beyond national security and touches on criminal justice, workforce development, private-sector collaboration, and privacy issues, Congress must ensure it takes a holistic approach when creating cybersecurity laws.
Topic:
Defense Policy, Science and Technology, Military Strategy, Legislation, and Cyberspace
Political Geography:
North America and United States of America

14. Foucauldian Panopticon: A Model for U.S. Cyber Surveillance

Author:
Nida Sheikh and Muhammad Usman Askari
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Unlike the conventional means of surveillance in the past, cyber surveillance has become a great security tactic due to being technologically advanced, ungoverned and holistic in scope. In context of contemporary international relations, China, Russia, Iran and North Korea are using the components of information warfare to serve their strategic interests. The internationally competitive trends of information technology and surveillance make U.S. more concerned about its national security and defeating the information warfare threat. Being a global leader, U.S. is constantly developing its cyber capabilities to contain the rise of China.On account of persistent threat perception of cyber intrusions from China, U.S. has been using cyber surveillance as a counter measure. U.S has integrated its cyber capabilities with military operations in the form of aerial, land and naval surveillance to ensure its national security. The present research aims to explore that how cyber surveillance has become an indispensable component of U.S. defense strategy? Michel Foucault’s surveillance theory has been used as a foundation of the study to analyze the implication of surveillance and power in context of U.S. defense policy. The study used qualitative content analysis and furthermore, directed approach has been used. The research is mainly bifold; initially it endeavors to analyze U.S. national strategies within the timeframe of 2015-2020 and subsequently discusses U.S. cyber surveillance capabilities, using the lens of Foucauldian panopticon.
Topic:
National Security, Infrastructure, Surveillance, Cyberspace, Michel Foucault, Power, Panopticon, and Threat Perception
Political Geography:
North America and United States of America

15. Operation “Olympic Games.” Cyber-sabotage as a tool of American intelligence aimed at counteracting the development of Iran’s nuclear programme

Author:
Mariusz Antoni Kamiński
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
Security and Defence Quarterly
Institution:
War Studies University
Abstract:
The purpose of the article is to analyse Operation “Olympic Games” including, in particular, to indicate the political background to the activities aimed at preventing the development of Iran’s nuclear programme, and to examine the preparation and conduct of the operation, the involvement of the US and Israeli intelligence services, and the use of intelligence methods and sources. An equally important objective is to indicate the real consequences of the cyberattack with the Stuxnet virus. In the research process, a critical analysis of literature in the field of Intelligence Studies and source materials (including legal acts, strategies, reports, and other official studies of the entities forming the US Intelligence Community) was carried out. The example of Operation Olympics Games shows that complex cyber-sabotage operations resulting in the destruction of critical infrastructure on a large scale require the involvement of numerous state resources and advanced cyber activities, and the use of many different methods and intelligence sources. Thus, strong states with well-developed intelligence capabilities are much more capable of effectively using cyber-sabotage on a large scale.
Topic:
Intelligence, Nuclear Weapons, Cyberspace, and Sabotage
Political Geography:
Iran, Middle East, North America, and United States of America

16. Journal of Advanced Military Studies: Superpowers

Author:
Ed Erickson, Christian H. Heller, T. J. Linzy, Mallory Needleman, Michael Auten, Anthony N. Celso, Keith D. Dickson, Jamie Shea, Ivan Falasca, Steven A. Yeadon, Joshua Tallis, and Ian Klaus
Publication Date:
09-2018
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
There are a variety of reasons to study geopolitical rivalries, and analysts, officers, and politicians are rediscovering such reasons amid the tensions of the last several years. The best reason to study geopolitical rivalries is the simplest: our need to better understand how power works globally. Power not only recurs in human and state affairs but it is also at their very core. Today’s new lexicon—superpower, hyperpower, and great power—is only another reminder of the reality of the various ways that power manifests itself. Power protects and preserves, but a polity without it may be lost within mere decades. Keith D. Dickson’s article in this issue of MCU Journal, “The Challenge of the Sole Superpower in the Postmodern World Order,” illuminates how fuzzy some readers may be in their understanding of this problem; his article on postmodernism calls us to the labor of understanding and reasoning through the hard realities. Ed Erickson’s survey of modern power is replete with cases in which a grand state simply fell, as from a pedestal in a crash upon a stone floor. Modern Japan, always richly talented, rose suddenly as a world actor in the late nineteenth century, but the Japanese Empire fell much more quickly in the mid-twentieth century. A state’s power—or lack thereof—is an unforgiving reality. This issue of MCU Journal, with its focus on rivalries and competition between states, is refreshingly broad in its selection of factors—from competing for or generating power. Dr. Erickson recalls that Alfred Thayer Mahan settled on six conditions for sea power, all still vital. Other authors writing for this issue emphasize, by turns, sea power (Steven Yeadon, Joshua Tallis, and Ian Klaus); cyberpower (Jamie Shea); alliances (T. J. Linzy and Ivan Falasca); information (Dickson); and proxies (Michael Auten, Anthony N. Celso, and others).
Topic:
Security, Foreign Policy, Defense Policy, NATO, Islam, Terrorism, War, History, Power Politics, Military Affairs, European Union, Seapower, Cities, Ottoman Empire, Hybrid Warfare, Cyberspace, Soviet Union, and Safavid Empire
Political Geography:
Britain, Russia, Europe, Ukraine, Middle East, Lithuania, Georgia, North Africa, Syria, North America, and United States of America

17. From NORAD to NOR[A]D: The Future Evolution of North American Defence Co-operation

Author:
Andrea Charron and James Fergusson
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The North American defence environment is in the process of a major transformation, occasioned by dramatic changes in the geostrategic/political landscape and the development of new generations of weapon systems. As a result, the requirements to deter, detect and defend North America from a variety of new threats are transforming. In this context, Canada and the United States, through the Permanent Joint Board of Defense (PJBD) established the Evolution of North American Defense (EvoNAD) study, and tasked its execution to the North American Aerospace Defense (NORAD) command. EvoNAD considers a long time horizon and has been broken into subcomponents reflecting six domain priorities: air, maritime, cyber, aerospace, space and land. The overarching factor which binds the six components together is the recognition that the single-domain threat environment is evolving into a multi-domain one. In the past, the threat to North America resided largely on a single axis (north-south), within a dominant domain (air, combined with ballistic missiles), met by a bi-national structure. While this threat seemed to collapse with the end of the Cold War, NORAD continued and evolved to adapt to new threats as well as to continue to monitor the Cold War-styled air and aerospace threats. Subsequently, 9/11 created a new threat environment and forced NORAD to consider threats emanating from within North America as well as outside of it. In addition to a number of changes, including direct feeds from the Federal Aviation Administration (FAA) and NAVCANADA, NORAD expanded into the maritime domain via a maritime warning mission. Roughly at the same time, NORAD’s attention also turned to the cyber-domain and its common threat to North America. The air threat has now returned with the resumption of long-range Russian flights across the Arctic, and down the Atlantic and Pacific coasts. This threat, however, is of a different character because of the development of a new generation of Russian long-range air-launched cruise missiles, as well as sea-launched cruise missiles, which have direct implications for NORAD’s capacity to deter, detect and defend, as well as for its current area of operations and mission suites (air/aerospace warning and control and maritime warning). Not only will these new long-range capabilities diffuse to other potential adversaries, generating a global threat environment, but also the first generation of hypersonic weapons has set the conditions for the merger of air and missile defence, and the air and outer space domains. Finally, the consequences of an attack against North America, alongside potential catastrophic natural disasters relative to the role of military forces in support of civil authorities, raises issues for both Canada and the U.S., and thus NORAD, regarding the most efficient and effective means to respond. The multi-domain/multi-dimensional North American threat environment should drive both Canada and the U.S. towards deeper defence co-operation, and the functional demands of this new threat environment could lead to NORAD’s ultimate transformation into an integrated, multi-domain and dimensional North American Defense Command solution. Of course, this outcome is not inevitable, and numerous barriers exist. Nonetheless, the same logic which led to NORAD’s creation in 1957 (with the agreement signed in 1958), remains valid. Driven by the common recognition that the defence of North America is indivisible, a North American Defense Command would be a natural evolution in Canada – American defence relations.
Topic:
Defense Policy, International Cooperation, Regional Cooperation, Maritime, Land, and Cyberspace
Political Geography:
Canada, North America, and United States of America