Further Reading, Other Developments, and Coming Events (24 July)

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Here are Further Reading, Other Developments, and Coming Events.

Coming Events

• On  27 July, the House Judiciary Committee’s Antitrust, Commercial, and Administrative Law Subcommittee will hold its sixth hearing on “Online Platforms and Market Power” titled “Examining the Dominance of Amazon, Apple, Facebook, and Google” that will reportedly have the heads of the four companies as witnesses.
• On 28 July, the Senate Commerce, Science, and Transportation Committee’s Communications, Technology, Innovation, and the Internet Subcommittee will hold a hearing titled “The PACT Act and Section 230: The Impact of the Law that Helped Create the Internet and an Examination of Proposed Reforms for Today’s Online World.”
• On 28 July the House Science, Space, and Technology Committee’s Investigations and Oversight and Research and Technology Subcommittees will hold a joint virtual hearing titled “The Role of Technology in Countering Trafficking in Persons” with these witnesses:
  • Ms. Anjana Rajan, Chief Technology Officer, Polaris
  • Mr. Matthew Daggett, Technical Staff, Humanitarian Assistance and Disaster Relief Systems Group, Lincoln Laboratory, Massachusetts Institute of Technology
  • Ms. Emily Kennedy, President and Co-Founder, Marinus Analytics
•  On 28 July, the House Homeland Security Committee’s Cybersecurity, Infrastructure Protection, & Innovation Subcommittee will hold a hearing titled “Secure, Safe, and Auditable: Protecting the Integrity of the 2020 Elections” with these witnesses:
  • Mr. David Levine, Elections Integrity Fellow, Alliance for Securing Democracy, German Marshall Fund of the United States
  • Ms. Sylvia Albert, Director of Voting and Elections, Common Cause
  • Ms. Amber McReynolds, Chief Executive Officer, National Vote at Home Institute
  • Mr. John Gilligan, President and Chief Executive Officer, Center for Internet Security, Inc.
• On 30 July the House Oversight and Reform Committee will hold a hearing on the tenth “Federal Information Technology Acquisition Reform Act” (FITARA) scorecard on federal information technology.
• On 30 July, the Senate Commerce, Science, and Transportation Committee’s Security Subcommittee will hold a hearing titled “The China Challenge: Realignment of U.S. Economic Policies to Build Resiliency and Competitiveness” with these witnesses:
  • The Honorable Nazak Nikakhtar, Assistant Secretary for Industry and Analysis, International Trade Administration, U.S. Department of Commerce
  • Dr. Rush Doshi, Director of the Chinese Strategy Initiative, The Brookings Institution
  • Mr. Michael Wessel, Commissioner, U.S. – China Economic and Security Review Commission
• On 4 August, the Senate Armed Services Committee will hold a hearing titled “Findings and Recommendations of the Cyberspace Solarium Commission” with these witnesses:
  • Senator Angus S. King, Jr. (I-ME), Co-Chair, Cyberspace Solarium Commission
  • Representative Michael J. Gallagher (R-WI), Co-Chair, Cyberspace Solarium Commission
  • Brigadier General John C. Inglis, ANG (Ret.), Commissioner, Cyberspace Solarium Commission
• On 6 August, the Federal Communications Commission (FCC) will hold an open meeting to likely consider the following items:
  • C-band Auction Procedures. The Commission will consider a Public Notice that would adopt procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for 5G, the Internet of Things, and other advanced wireless services. (AU Docket No. 20-25)
  • Radio Duplication Rules. The Commission will consider a Report and Order that would eliminate the radio duplication rule with regard to AM stations and retain the rule for FM stations. (MB Docket Nos. 19-310. 17-105)
  • Common Antenna Siting Rules. The Commission will consider a Report and Order that would eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. (MB Docket Nos. 19-282, 17-105)
  • Telecommunications Relay Service. The Commission will consider a Report and Order to repeal certain TRS rules that are no longer needed in light of changes in technology and voice communications services. (CG Docket No. 03-123)
  • Inmate Calling Services. The Commission will consider a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking that would respond to remands by the U.S. Court of Appeals for the District of Columbia Circuit and propose to comprehensively reform rates and charges for the inmate calling services within the Commission’s jurisdiction. (WC Docket No. 12-375)

Other Developments

• Slack filed an antitrust complaint with the European Commission (EC) against Microsoft alleging that the latter’s tying Microsoft Teams to Microsoft Office is a move designed to push the former out of the market. A Slack vice president said in a statement “Slack threatens Microsoft’s hold on business email, the cornerstone of Office, which means Slack threatens Microsoft’s lock on enterprise software.” While the filing of a complaint does not mean the EC will necessarily investigate, under its new leadership the EC has signaled in a number of ways its intent to address the size of some technology companies and the effect on competition.
• The National Institute of Standards and Technology (NIST) has issued for comment NIST the 2nd Draft of NISTIR 8286, Integrating Cybersecurity and Enterprise Risk Management (ERM). NIST claimed this guidance document “promotes greater understanding of the relationship between cybersecurity risk management and ERM, and the benefits of integrating those approaches…[and] contains the same main concepts as the initial public draft, but their presentation has been revised to clarify the concepts and address other comments from the public.” Comments are due by 21 August 2020.
• The United States National Security Commission on Artificial Intelligence (NSCAI) published its Second Quarter Recommendations, a compilation of policy proposals made this quarter. NSCAI said it is still on track to release its final recommendations in March 2021. The NSCAI asserted
  • The recommendations are not a comprehensive follow-up to the interim report or first quarter memorandum. They do not cover all areas that will be included in the final report. This memo spells out recommendations that can inform ongoing deliberations tied to policy, budget, and legislative calendars. But it also introduces recommendations designed to build a new framework for pivoting national security for the artificial intelligence (AI) era.
  • The NSCAI stated it “has focused its analysis and recommendations on six areas:
  • Advancing the Department of Defense’s internal AI research and development capabilities. The Department of Defense (DOD) must make reforms to the management of its research and development (R&D) ecosystem to enable the speed and agility needed to harness the potential of AI and other emerging technologies. To equip the R&D enterprise, the NSCAI recommends creating an AI software repository; improving agency- wide authorized use and sharing of software, components, and infrastructure; creating an AI data catalog; and expanding funding authorities to support DOD laboratories. DOD must also strengthen AI Test and Evaluation, Verification and Validation capabilities by developing an AI testing framework, creating tools to stand up new AI testbeds, and using partnered laboratories to test market and market-ready AI solutions. To optimize the transition from technological breakthroughs to application in the field, Congress and DOD need to reimagine how science and technology programs are budgeted to allow for agile development, and adopt the model of multi- stakeholder and multi-disciplinary development teams. Furthermore, DoD should encourage labs to collaborate by building open innovation models and a R&D database.
  • Accelerating AI applications for national security and defense. DOD must have enduring means to identify, prioritize, and resource the AI- enabled applications necessary to fight and win. To meet this challenge, the NSCAI recommends that DOD produce a classified Technology Annex to the National Defense Strategy that outlines a clear plan for pursuing disruptive technologies that address specific operational challenges. We also recommend establishing mechanisms for tactical experimentation, including by integrating AI-enabled technologies into exercises and wargames, to ensure technical capabilities meet mission and operator needs. On the business side, DOD should develop a list of core administrative functions most amenable to AI solutions and incentivize the adoption of commercially available AI tools.
  • Bridging the technology talent gap in government. The United States government must fundamentally re-imagine the way it recruits and builds a digital workforce. The Commission envisions a government-wide effort to build its digital talent base through a multi-prong approach, including: 1) the establishment of a National Reserve Digital Corps that will bring private sector talent into public service part-time; 2) the expansion of technology scholarship for service programs; and, 3) the creation of a national digital service academy for growing federal technology talent from the ground up.
  • Protecting AI advantages for national security through the discriminate use of export controls and investment screening. The United States must protect the national security sensitive elements of AI and other critical emerging technologies from foreign competitors, while ensuring that such efforts do not undercut U.S. investment and innovation. The Commission proposes that the President issue an Executive Order that outlines four principles to inform U.S. technology protection policies for export controls and investment screening, enhance the capacity of U.S. regulatory agencies in analyzing emerging technologies, and expedite the implementation of recent export control and investment screening reform legislation. Additionally, the Commission recommends prioritizing the application of export controls to hardware over other areas of AI-related technology. In practice, this requires working with key allies to control the supply of specific semiconductor manufacturing equipment critical to AI while simultaneously revitalizing the U.S. semiconductor industry and building the technology protection regulatory capacity of like-minded partners. Finally, the Commission recommends focusing the Committee on Foreign Investment in the United States (CFIUS) on preventing the transfer of technologies that create national security risks. This includes a legislative proposal granting the Department of the Treasury the authority to propose regulations for notice and public comment to mandate CFIUS filings for investments into AI and other sensitive technologies from China, Russia and other countries of special concern. The Commission’s recommendations would also exempt trusted allies and create fast tracks for vetted investors.
  • Reorienting the Department of State for great power competition in the digital age. Competitive diplomacy in AI and emerging technology arenas is a strategic imperative in an era of great power competition. Department of State personnel must have the organization, knowledge, and resources to advocate for American interests at the intersection of technology, security, economic interests, and democratic values. To strengthen the link between great power competition strategy, organization, foreign policy planning, and AI, the Department of State should create a Strategic Innovation and Technology Council as a dedicated forum for senior leaders to coordinate strategy and a Bureau of Cyberspace Security and Emerging Technology, which the Department has already proposed, to serve as a focal point and champion for security challenges associated with emerging technologies. To strengthen the integration of emerging technology and diplomacy, the Department of State should also enhance its presence and expertise in major tech hubs and expand training on AI and emerging technology for personnel at all levels across professional areas. Congress should conduct hearings to assess the Department’s posture and progress in reorienting to address emerging technology competition.
  • Creating a framework for the ethical and responsible development and fielding of AI. Agencies need practical guidance for implementing commonly agreed upon AI principles, and a more comprehensive strategy to develop and field AI ethically and responsibly. The NSCAI proposes a “Key Considerations” paradigm for agencies to implement that will help translate broad principles into concrete actions.
• The Danish Defence Intelligence Service’s Centre for Cyber Security (CFCS) released its fifth annual assessment of the cyber threat against Denmark and concluded:
  • The cyber threat pose a serious threat to Denmark. Cyber attacks mainly carry economic and political consequences.
  • Hackers have tried to take advantage of the COVID-19 pandemic. This constitutes a new element in the general threat landscape.
  • The threat from cyber crime is VERY HIGH. No one is exempt from the threat. There is a growing threat from targeted ransomware attacks against Danish public authorities and private companies.  The threat from cyber espionage is VERY HIGH.
  • The threat is especially directed against public authorities dealing with foreign and security policy issues as well as private companies whose knowledge is of interest to foreign states. 
  • The threat from destructive cyber attacks is LOW. It is less likely that foreign states will launch destructive cyber attacks against Denmark. Private companies and public authorities operating in conflict-ridden regions are at a greater risk from this threat. 
  • The threat from cyber activism is LOW. Globally, the number of cyber activism attacks has dropped in recent years,and cyber activists rarely focus on Danish public authorities and private companies. The threat from cyber terrorism is NONE. Serious cyber attacks aimed at creating effects similar to those of conventional terrorism presuppose a level of technical expertise and organizational resources that militant extremists, at present, do not possess. Also, the intention remains limited. 
  • The technological development, including the development of artificial intelligence and quantum computing, creates new cyber security possibilities and challenges.

Further Reading

• “Accuse, Evict, Repeat: Why Punishing China and Russia for Cyberattacks Fails” – The New York Times. This piece points out that the United States (US) government is largely using 19th Century responses to address 21st Century conduct by expelling diplomats, imposing sanctions, and indicting hackers. Even a greater use of offensive cyber operations does not seem to be deterring the US’s adversaries. It may turn out that the US and other nations will need to focus more on defensive measures and securing its valuable data and information.
• “New police powers to be broad enough to target Facebook” – Sydney Morning Herald. On the heels of a 2018 law that some argue will allow the government in Canberra to order companies to decrypt users communications, Australia is considering the enactment of new legislation because of concern among the nation’s security services about end-to-end encryption and dark browsing. In particular, Facebook’s proposed changes to secure its networks is seen as fertile ground of criminals, especially those seeking to prey on children sexually.
• “The U.S. has a stronger hand in its tech battle with China than many suspect” – The Washington Post. A national security writer makes the case that the cries that the Chinese are coming may prove as overblown as similar claims made about the Japanese during the 1980s and the Russian during the Cold War. The Trump Administration has used some levers that may appear to impede the People’s Republic of China’s attempt to displace the United States. In all, this writer is calling for more balance in viewing the PRC and some of the challenges it poses.
• “Facebook is taking a hard look at racial bias in its algorithms” – Recode. After a civil rights audit that was critical of Facebook, the company is assembling and deploying teams to try to deal with the biases in its algorithms on Facebook and Instagram. Critics doubt the efforts will turn out well because economic incentives are aligned against rooting out such biases and the lack of diversity at the company.
• “Does TikTok Really Pose a Risk to US National Security?” – WIRED. This article asserts TikTok is probably no riskier than other social media apps even with the possibility that the People’s Republic of China (PRC) may have access to user data.
• “France won’t ban Huawei, but encouraging 5G telcos to avoid it: report” – Reuters. Unlike the United States, the United Kingdom, and others, France will not outright ban Huawei from their 5G networks but will instead encourage their telecommunications companies to use European manufacturers. Some companies already have Huawei equipment on the networks and may receive authorization to use the company’s equipment for up to five more years. However, France is not planning on extending authorizations past that deadline, which will function a de facto sunset. In contrast, authorizations for Ericsson or Nokia equipment were provided for eight years. The head of France’s cybersecurity agency stressed that France was not seeking to move against the People’s Republic of China (PRC) but is responding to security concerns.

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