Further Reading, Other Development, and Coming Events (20 and 21 January 2021)

Further Reading

  • Amazon’s Ring Neighbors app exposed users’ precise locations and home addresses” By Zack Whittaker — Tech Crunch. Again Amazon’s home security platform suffers problems by way of users data being exposed or less than protected.
  • Harassment of Chinese dissidents was warning signal on disinformation” By Shawna Chen and Bethany Allen-Ebrahimian — Axios. In an example of how malicious online activities can spill into the real world as a number of Chinese dissidents were set upon by protestors.
  • How Social Media’s Obsession with Scale Supercharged Disinformation” By Joan Donovan — Harvard Business Review. Companies like Facebook and Twitter emphasized scale over safety in trying to grow as quickly as possible. This lead to a proliferation of fake accounts and proved welcome ground for the seeds of misinformation.
  • The Moderation War Is Coming to Spotify, Substack, and Clubhouse” By Alex Kantrowitz — OneZero. The same issues with objectionable and abusive content plaguing Twitter, Facebook, YouTube and others will almost certainly become an issue for the newer platforms, and in fact already are.
  • Mexican president mounts campaign against social media bans” By Mark Stevenson — The Associated Press. The leftist President of Mexico President Andrés Manuel López Obrador is vowing to lead international efforts to stop social media companies from censoring what he considers free speech. Whether this materializes into something substantial is not clear.
  • As Trump Clashes With Big Tech, China’s Censored Internet Takes His Side” By Li Yuan — The New York Times. The government in Beijing is framing the ban of former President Donald Trump after the attempted insurrection by social media platforms as proof there is no untrammeled freedom of speech. This position helps bolster the oppressive policing of online content the People’s Republic of China (PRC) wages against its citizens. And quite separately many Chinese people (or what appear to be actual people) are questioning what is often deemed the censoring of Trump in the United States (U.S.), a nation ostensibly committed to free speech. There is also widespread misunderstanding about the First Amendment rights of social media platforms not to host content with which they disagree and the power of platforms to make such determinations without fear that the U.S. government will punish them as is often the case in the PRC.
  • Trump admin slams China’s Huawei, halting shipments from Intel, others – sources” By Karen Freifeld and Alexandra Alper — Reuters. On its way out of the proverbial door, the Trump Administration delivered parting shots to Huawei and the People’s Republic of China by revoking one license and denying others to sell the PRC tech giant semiconductors. Whether the Biden Administration will reverse or stand by these actions remains to be seen. The companies, including Intel, could appeal. Additionally, there are an estimated $400 million worth of applications for similar licenses pending at the Department of Commerce that are now the domain of the new regime in Washington. It is too early to discern how the Biden Administration will maintain or modify Trump Administration policy towards the PRC.
  • Behind a Secret Deal Between Google and Facebook” By Daisuke Wakabayashi and Tiffany Hsu — The New York Times. The newspaper got its hands on an unredacted copy of the antitrust suit Texas Attorney General Ken Paxton and other attorneys general filed against Google, and it has details on the deal Facebook and Google allegedly struck to divide the online advertising world. Not only did Facebook ditch an effort launched by publishers to defeat Google’s overwhelming advantages in online advertising bidding, it joined Google’s rival effort with a guarantee that it would win a specified number of bids and more time to bid on ads. Google and Facebook naturally deny any wrongdoing.
  • Biden and Trump Voters Were Exposed to Radically Different Coverage of the Capitol Riot on Facebook” By Colin Lecher and Jon Keegan — The Markup. Using a tool on browsers the organization pays Facebook users to have, the Markup can track the type of material they see in their feed. Facebook’s algorithm fed people material about the 6 January 2021 attempted insurrection based on their political views. Many have pointed out that this very dynamic creates filter bubbles that poison democracy and public discourse.
  • Banning Trump won’t fix social media: 10 ideas to rebuild our broken internet – by experts” By Julia Carrie Wong — The Guardian. There are some fascinating proposals in this piece that could help address the problems of social media.
  • Misinformation dropped dramatically the week after Twitter banned Trump and some allies” By Elizabeth Dwoskin and Craig Timberg — The Washington Post. Research showed that lies, misinformation, and disinformation about election fraud dropped by three-quarters after former President Donald Trump was banned from Twitter and other platforms. Other research showed that a small group of conservatives were responsible for up to 20% of misinformation on this and other conspiracies.
  • This Was WhatsApp’s Plan All Along” By Shoshana Wodinsky — Gizmodo. This piece does a great job of breaking down into plain English the proposed changes to terms of service on WhatsApp that so enraged users that competitors Signal and Telegram have seen record-breaking downloads. Basically, it is all about reaping advertising dollars for Facebook through businesses and third-party partners using user data from business-related communications. Incidentally, WhatsApp has delayed changes until March because of the pushback.
  • Brussels eclipsed as EU countries roll out their own tech rules” By By Laura Kayali and Mark Scott — Politico EU. The European Union (EU) had a hard-enough task in trying to reach final language on a Digital Services Act and Digital Markets Act without nations like France, Germany, Poland, and others picking and choosing text from draft bills and enacting them into law. Brussels is not happy with this trend.

Other Developments

  • Federal Trade Commission (FTC) Chair Joseph J. Simons announced his resignation from the FTC effective on 29 January 2021 in keeping with tradition and past practice. This resignation clears the way for President Joe Biden to name the chair of the FTC, and along with FTC Commissioner Rohit Chopra’s nomination to head the Consumer Financial Protection Bureau (CFPB), the incoming President will get to nominate two Democratic FTC Commissioners, tipping the political balance of the FTC and likely ushering in a period of more regulation of the technology sector.
    • Simons also announced the resignation of senior staff: General Counsel Alden F. Abbott; Bureau of Competition Director Ian Conner; Bureau of Competition Deputy Directors Gail Levine and Daniel Francis; Bureau of Consumer Protection Director Andrew Smith; Bureau of Economics Director Andrew Sweeting; Office of Public Affairs Director Cathy MacFarlane; and Office of Policy Planning Director Bilal Sayyed.
  • In a speech last week before he sworn in, President Joe Biden announced his $1.9 trillion American Rescue Plan, and according to a summary, Biden will ask Congress to provide $10 billion for a handful of government facing programs to improve technology. Notably, Biden “is calling on Congress to launch the most ambitious effort ever to modernize and secure federal IT and networks.” Biden is proposing to dramatically increase funding for a fund that would allow agencies to borrow and then pay back funds to update their technology. Moreover, Biden is looking to push more money to a program to aid officials at agencies who oversee technology development and procurement.
    • Biden stated “[t]o remediate the SolarWinds breach and boost U.S. defenses, including of the COVID-19 vaccine process, President-elect Biden is calling on Congress to:
      • Expand and improve the Technology Modernization Fund. ​A $9 billion investment will help the U.S. launch major new IT and cybersecurity shared services at the Cyber Security and Information Security Agency (CISA) and the General Services Administration and complete modernization projects at federal agencies. ​In addition, the president-elect is calling on Congress to change the fund’s reimbursement structure in order to fund more innovative and impactful projects.
      • Surge cybersecurity technology and engineering expert hiring​. Providing the Information Technology Oversight and Reform fund with $200 million will allow for the rapid hiring of hundreds of experts to support the federal Chief Information Security Officer and U.S. Digital Service.
      • Build shared, secure services to drive transformational projects. ​Investing$300 million in no-year funding for Technology Transformation Services in the General Services Administration will drive secure IT projects forward without the need of reimbursement from agencies.
      • Improving security monitoring and incident response activities. ​An additional $690M for CISA will bolster cybersecurity across federal civilian networks, and support the piloting of new shared security and cloud computing services.
  • The United States (U.S.) Department of Commerce issued an interim final rule pursuant to an executive order (EO) issued by former President Donald Trump to secure the United States (U.S.) information and communications supply chain. This rule will undoubtedly be reviewed by the Biden Administration and may be withdrawn or modified depending on the fate on the EO on which the rule relies.
    • In the interim final rule, Commerce explained:
      • These regulations create the processes and procedures that the Secretary of Commerce will use to identify, assess, and address certain transactions, including classes of transactions, between U.S. persons and foreign persons that involve information and communications technology or services designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and pose an undue or unacceptable risk. While this interim final rule will become effective on March 22, 2021, the Department of Commerce continues to welcome public input and is thus seeking additional public comment. Once any additional comments have been evaluated, the Department is committed to issuing a final rule.
      • On November 27, 2019, the Department of Commerce (Department) published a proposed rule to implement the terms of the Executive Order. (84 FR 65316). The proposed rule set forth processes for (1) how the Secretary would evaluate and assess transactions involving ICTS to determine whether they pose an undue risk of sabotage to or subversion of the ICTS supply chain, or an unacceptable risk to the national security of the United States or the security and safety of U.S. persons; (2) how the Secretary would notify parties to transactions under review of the Secretary’s decision regarding the ICTS Transaction, including whether the Secretary would prohibit or mitigate the transaction; and (3) how parties to transactions reviewed by the Secretary could comment on the Secretary’s preliminary decisions. The proposed rule also provided that the Secretary could act without complying with the proposed procedures where required by national security. Finally, the Secretary would establish penalties for violations of mitigation agreements, the regulations, or the Executive Order.
      • In addition to seeking general public comment, the Department requested comments from the public on five specific questions: (1) Whether the Secretary should consider categorical exclusions or whether there are classes of persons whose use of ICTS cannot violate the Executive Order; (2) whether there are categories of uses or of risks that are always capable of being reliably and adequately mitigated; (3) how the Secretary should monitor and enforce any mitigation agreements applied to a transaction; (4) how the terms, “transaction,” “dealing in,” and “use of” should be clarified in the rule; and (5) whether the Department should add record-keeping requirements for information related to transactions.
      • The list of “foreign adversaries” consists of the following foreign governments and non-government persons: The People’s Republic of China, including the Hong Kong Special Administrative Region (China); the Republic of Cuba (Cuba); the Islamic Republic of Iran (Iran); the Democratic People’s Republic of Korea (North Korea); the Russian Federation (Russia); and Venezuelan politician Nicolás Maduro (Maduro Regime).
  • The Federal Trade Commission (FTC) adjusted its penalty amounts for inflation, including a boost to the per violation penalty virtually all the privacy bills introduced in the last Congress would allow the agency to wield against first-time violators. The penalty for certain unfair and deceptive acts or practices was increased from $43,280 to $43,792.
  • The United States (U.S.) Department of State stood up its new Bureau of Cyberspace Security and Emerging Technologies (CSET) as it has long planned. At the beginning of the Trump Administration, the Department of State dismantled the Cyber Coordinator Office and gave its cybersecurity portfolio to the Bureau of Economic Affairs, which displeased Congressional stakeholders. In 2019, the department notified Congress of its plan to establish CSET. The department asserted:
    • The need to reorganize and resource America’s cyberspace and emerging technology security diplomacy through the creation of CSET is critical, as the challenges to U.S. national security presented by China, Russia, Iran, North Korea, and other cyber and emerging technology competitors and adversaries have only increased since the Department notified Congress in June 2019 of its intent to create CSET.
    • The CSET bureau will lead U.S. government diplomatic efforts on a wide range of international cyberspace security and emerging technology policy issues that affect U.S. foreign policy and national security, including securing cyberspace and critical technologies, reducing the likelihood of cyber conflict, and prevailing in strategic cyber competition.  The Secretary’s decision to establish CSET will permit the Department to posture itself appropriately and engage as effectively as possible with partners and allies on these pressing national security concerns.
    • The Congressional Members of the Cyberspace Solarium Commission made clear their disapproval of the decision. Senators Angus King (I-ME) and Ben Sasse, (R-NE) and Representatives Mike Gallagher (R-WI) and Jim Langevin (D-RI) said:
      • In our report, we emphasize the need for a greater emphasis on international cyber policy at State. However, unlike the bipartisan Cyber Diplomacy Act, the State Department’s proposed Bureau will reinforce existing silos and […] hinder the development of a holistic strategy to promote cyberspace stability on the international stage. We urge President-elect Biden to pause this reorganization when he takes office in two weeks and work with Congress to enact meaningful reform to protect our country in cyberspace.
  • The Australian Cyber Security Centre (ACSC) the Risk Identification Guidance “developed to assist organisations in identifying risks associated with their use of suppliers, manufacturers, distributors and retailers (i.e. businesses that constitute their cyber supply chain)” and the Risk Management Guidance because “[c]yber supply chain risk management can be achieved by identifying the cyber supply chain, understanding cyber supply chain risk, setting cyber security expectations, auditing for compliance, and monitoring and improving cyber supply chain security practices.”
  • The United Kingdom’s Surveillance Camera Commissioner (SCC), issued “best practice guidance, ‘Facing the Camera’, to all police forces in England and Wales” The SCC explained that “The provisions of this document only apply to the use of facial recognition technology and the inherent processing of images by the police where such use is integral to a surveillance camera system being operated in ‘live time’ or ‘near real time’ operational scenarios.” Last summer, a British appeals court overturned a decision that found that a police force’s use of facial recognition technology in a pilot program that utilized live footage to be legal. The appeals court found the use of this technology by the South Wales Police Force a violation of “the right to respect for private life under Article 8 of the European  Convention  on  Human  Rights,  data  protection  legislation,  and  the  Public  Sector Equality Duty (“PSED”) under section 149 of the Equality Act 2010.” The SCC stated:
    • The SCC considers surveillance to be an intrusive investigatory power where it is conducted by the police which impacts upon those fundamental rights and freedoms of people, as set out by the European Convention of Human Rights (ECHR) and the Human Rights Act 1998. In the context of surveillance camera systems which make use of facial recognition technology, the extent of state intrusion in such matters is significantly increased by the capabilities of algorithms which are in essence, integral to the surveillance conduct seeking to harvest information, private information, metadata, data, personal data, intelligence and evidence. Each of the aforementioned are bound by laws and rules which ought to be separately and jointly considered and applied in a manner which is demonstrably lawful and ethical and engenders public trust and confidence.
    • Whenever the police seek to use technology in pursuit of a legitimate aim, the key question arises as to whether the degree of intrusion which is caused to the fundamental freedoms of citizens by the police surveillance conduct using surveillance algorithms (biometric or otherwise) is necessary in a democratic society when considered alongside the legality and proportionality of their endeavours and intent. The type of equipment/technology/modality which they choose to use to that end (e.g. LFR, ANPR, thermal imaging, gait analysis, movement sensors etc), the manner in which such technological means are deployed, (such as using static cameras at various locations, used with body worn cameras or other mobile means), and whether such technology is used overtly alongside or networked with other surveillance technologies, are all factors which may significantly influence the depth of intrusion caused by police conduct upon citizen’s rights.
  • The Senate confirmed the nomination of Avril Haines to be the new Director of National Intelligence by an 89-10 vote after Senator Tom Cotton (R-AK) removed his hold on her nomination. However, Josh Hawley (R-MO) placed a hold on the nomination of Alejandro Mayorkas to be the next Secretary of Homeland Security and explained his action this way:
    • On Day 1 of his administration, President-elect Biden has said he plans to unveil an amnesty plan for 11 million immigrants in this nation illegally. This comes at a time when millions of American citizens remain out of work and a new migrant caravan has been attempting to reach the United States. Mr. Mayorkas has not adequately explained how he will enforce federal law and secure the southern border given President-elect Biden’s promise to roll back major enforcement and security measures. Just today, he declined to say he would enforce the laws Congress has already passed to secure the border wall system. Given this, I cannot consent to skip the standard vetting process and fast-track this nomination when so many questions remain unanswered.
  • Former Trump White House Cyber Coordinator Rob Joyce will replace the National Security Agency’s (NSA) Director of Cybersecurity Anne Neuberger who has been named the Biden White House’s Deputy National Security Advisor for Cyber and Emerging Technology. Anne Neuberger’s portfolio at the NSA included “lead[ing] NSA’s cybersecurity mission, including emerging technology areas like quantum-resistant cryptography.” Joyce was purged when former National Security Advisor John Bolton restructured the NSC in 2018, forcing out Joyce and his boss, former Homeland Security Advisor Tom Bossert. Presumably Joyce would have the same responsibilities. At the National Security Council, Neuberger would will work to coordinate cybersecurity and emerging technology policy across agencies and funnel policy options up to the full NSC and ultimately the President. This work would include Joyce.
  • The Supreme Court of the United States (SCOTUS) heard oral arguments on whether the Federal Trade Commission (FTC) Act gives the agency the power to seek monetary damages and restitution alongside permanent injunctions under Section 13(b). In AMG Capital Management, LLC v. FTC, the parties opposing the FTC argue the plain language of the statute does not allow for the seeking of restitution and monetary damages under this specific section of the FTC Act while the agency argues long accepted past practice and Congressional intent do, in fact, allow this relief to be sought when the FTC is seeking to punish violators of Section 5. The FTC is working a separate track to get a fix from Congress which could rewrite the FTC Act to make clear this sort of relief is legal. However, some stakeholders in the debate over privacy legislation may be using the case as leverage.
    • In October 2020, the FTC wrote the House and Senate committees with jurisdiction over the agency, asking for language to resolve the litigation over the power to seek and obtain restitution for victims of those who have violated Section 5 of the FTC Act and disgorgement of ill-gotten gains. The FTC is also asking that Congress clarify that the agency may act against violators even if their conduct has stopped as it has for more than four decades. Two federal appeals courts have ruled in ways that have limited the FTC’s long used powers, and now the Supreme Court of the United States is set to rule on these issues sometime next year. The FTC is claiming, however, that defendants are playing for time in the hopes that the FTC’s authority to seek and receive monetary penalties will ultimately be limited by the United States (U.S.) highest court. Judging by language tucked into a privacy bill introduced by the former chair of one of the committees, Congress may be willing to act soon.
    • The FTC asked the House Energy and Commerce and Senate Commerce, Science, and Transportation Committees “to take quick action to amend Section 13(b) [of the FTC Act i.e. 15 U.S.C. § 53(b)] to make clear that the Commission can bring actions in federal court under Section 13(b) even if conduct is no longer ongoing or impending when the suit is filed and can obtain monetary relief, including restitution and disgorgement, if successful.” The agency asserted “[w]ithout congressional action, the Commission’s ability to use Section 13(b) to provide refunds to consumer victims and to enjoin illegal activity is severely threatened.” All five FTC Commissioners signed the letter.
    • The FTC explained that adverse rulings by two federal appeals courts are constraining the agency from seeking relief for victims and punishment for violators of the FTC Act in federal courts below those two specific courts, but elsewhere defendants are either asking courts for a similar ruling or using delaying tactics in the hopes the Supreme Court upholds the two federal appeals courts:
      • …[C]ourts of appeals in the Third and Seventh Circuits have recently ruled that the agency cannot obtain any monetary relief under Section 13(b). Although review in the Supreme Court is pending, these lower court decisions are already inhibiting our ability to obtain monetary relief under 13(b). Not only do these decisions already prevent us from obtaining redress for consumers in the circuits where they issued, prospective defendants are routinely invoking them in refusing to settle cases with agreed-upon redress payments.
      • Moreover, defendants in our law enforcement actions pending in other circuits are seeking to expand the rulings to those circuits and taking steps to delay litigation in anticipation of a potential Supreme Court ruling that would allow them to escape liability for any monetary relief caused by their unlawful conduct. This is a significant impediment to the agency’s effectiveness, its ability to provide redress to consumer victims, and its ability to prevent entities who violate the law from profiting from their wrongdoing.
  • The United Kingdom’s Information Commissioner’s Office (ICO) issued guidance for British entities that may be affected by the massive SolarWinds hack that has compromised many key systems in the United States. The ICO advised:
    • Organisations should immediately check whether they are using a version of the software that has been compromised. These are versions 2019.4 HF 5, 2020.2 with no hotfix installed, and 2020.2 HF 1.
    • Organisations must also determine if the personal data they hold has been affected by the cyber-attack. If a reportable personal data breach is found, UK data controllers are required to inform the ICO within 72 hours of discovering the breach. Reports can be submitted online or organisations can call the ICO’s personal data breach helpline for advice on 0303 123 1113, option 2.
    • Organisations subject to the NIS Regulation will also need to determine if this incident has led to a “substantial impact on the provision’ of its digital services and report to the ICO.
  • Europol announced the takedown of “the world’s largest illegal marketplace on the dark web” in an operation coordinated by the following nations: “Germany, Australia, Denmark, Moldova, Ukraine, the United Kingdom (the National Crime Agency), and the USA (DEA, FBI, and IRS).” Europol added:
    • The Central Criminal Investigation Department in the German city of Oldenburg arrested an Australian citizen who is the alleged operator of DarkMarket near the German-Danish border over the weekend. The investigation, which was led by the cybercrime unit of the Koblenz Public Prosecutor’s Office, allowed officers to locate and close the marketplace, switch off the servers and seize the criminal infrastructure – more than 20 servers in Moldova and Ukraine supported by the German Federal Criminal Police office (BKA). The stored data will give investigators new leads to further investigate moderators, sellers, and buyers. 
  • The Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC) issued an enforcement advisory intended to remind people that use of amateur and personal radios to commit crimes is itself a criminal offense that could warrant prosecution. The notice was issued because the FCC is claiming it is aware of discussion by some of how these means of communications may be superior to social media, which has been cracking down on extremist material since the attempted insurrection at the United States Capitol on 6 January. The Bureau stated:
    • The Bureau has become aware of discussions on social media platforms suggesting that certain radio services regulated by the Commission may be an alternative to social media platforms for groups to communicate and coordinate future activities.  The Bureau recognizes that these services can be used for a wide range of permitted purposes, including speech that is protected under the First Amendment of the U.S. Constitution.  Amateur and Personal Radio Services, however, may not be used to commit or facilitate crimes. 
    • Specifically, the Bureau reminds amateur licensees that they are prohibited from transmitting “communications intended to facilitate a criminal act” or “messages encoded for the purpose of obscuring their meaning.” Likewise, individuals operating radios in the Personal Radio Services, a category that includes Citizens Band radios, Family Radio Service walkie-talkies, and General Mobile Radio Service, are prohibited from using those radios “in connection with any activity which is against Federal, State or local law.” Individuals using radios in the Amateur or Personal Radio Services in this manner may be subject to severe penalties, including significant fines, seizure of the offending equipment, and, in some cases, criminal prosecution.
  • The European Data Protection Board (EDPB) issued its “Strategy for 2021-2023” in order “[t]o be effective in confronting the main challenges ahead.” The EDPB cautioned:
    • This Strategy does not provide an exhaustive overview of the work of the EDPB in the years to come. Rather it sets out the four main pillars of our strategic objectives, as well as set of key actions to help achieve those objectives. The EDPB will implement this Strategy within its Work Program, and will report on the progress achieved in relation to each Pillar as part of its annual reports.
    • The EDPB listed and explained the four pillars of its strategy:
      • PILLAR 1: ADVANCING HARMONISATION AND FACILITATING COMPLIANCE. The EDPB will continue to strive for a maximum degree of consistency in the application of data protection rules and limit fragmentation among Member States. In addition to providing practical, easily understandable and accessible guidance, the EDPB will develop and promote tools that help to implement data protection into practice, taking into account practical experiences of different stakeholders on the ground.
      • PILLAR 2: SUPPORTING EFFECTIVE ENFORCEMENT AND EFFICIENT COOPERATION BETWEEN NATIONAL SUPERVISORY AUTHORITIES. The EDPB is fully committed to support cooperation between all national supervisory authorities that work together to enforce European data protection law. We will streamline internal processes, combine expertise and promote enhanced coordination. We intend not only to ensure a more efficient functioning of the cooperation and consistency mechanisms, but also to strive for the development of a genuine EU-wide enforcement culture among supervisory authorities.
      • PILLAR 3: A FUNDAMENTAL RIGHTS APPROACH TO NEW TECHNOLOGIES. The protection of personal data helps to ensure that technology, new business models and society develop in accordance with our values, such as human dignity, autonomy and liberty. The EDPB will continuously monitor new and emerging technologies and their potential impact on the fundamental rights and daily lives of individuals. Data protection should work for all people, particularly in the face of processing activities presenting the greatest risks to individuals’ rights and freedoms (e.g. to prevent discrimination). We will help to shape Europe’s digital future in line with our common values and rules. We will continue to work with other regulators and policymakers to promote regulatory coherence and enhanced protection for individuals.
      • PILLAR 4: THE GLOBAL DIMENSION. The EDPB is determined to set and promote high EU and global standards for international data transfers to third countries in the private and the public sector, including in the law enforcement sector. We will reinforce our engagement with the international community to promote EU data protection as a global model and to ensure effective protection of personal data beyond EU borders.
  • The United Kingdom’s (UK) Information Commissioner’s Office (ICO) revealed that all but one of the videoconferencing platforms it and other data protection authorities’ (DPA) July 2020 letter urging them to “adopt principles to guide them in addressing some key privacy risks.” The ICO explained:
    • Microsoft, Cisco, Zoom and Google replied to the open letter. The joint signatories thank these companies for engaging on this important matter and for acknowledging and responding to the concerns raised. In their responses the companies highlighted various privacy and security best practices, measures, and tools that they advise are implemented or built-in to their video teleconferencing services.
    • The information provided by these companies is encouraging. It is a constructive foundation for further discussion on elements of the responses that the joint signatories feel would benefit from more clarity and additional supporting information.
    • The ICO stated:
      • The joint signatories have not received a response to the open letter from Houseparty. They strongly encourage Houseparty to engage with them and respond to the open letter to address the concerns raised.
  • The European Union Agency for Cybersecurity (ENISA) “launched a public consultation, which runs until 7 February 2021, on its draft of the candidate European Union Cybersecurity Certification Scheme on Cloud Services (EUCS)…[that] aims to further improve the Union’s internal market conditions for cloud services by enhancing and streamlining the services’ cybersecurity guarantees.” ENISA stated:
    • There are challenges to the certification of cloud services, such as a diverse set of market players, complex systems and a constantly evolving landscape of cloud services, as well as the existence of different schemes in Member States. The draft EUCS candidate scheme tackles these challenges by calling for cybersecurity best practices across three levels of assurance and by allowing for a transition from current national schemes in the EU. The draft EUCS candidate scheme is a horizontal and technological scheme that intends to provide cybersecurity assurance throughout the cloud supply chain, and form a sound basis for sectoral schemes.
    • More specifically, the draft EUCS candidate scheme:
      • Is a voluntary scheme;
      • The scheme’s certificates will be applicable across the EU Member States;
      • Is applicable for all kinds of cloud services – from infrastructure to applications;
      • Boosts trust in cloud services by defining a reference set of security requirements;
      • Covers three assurance levels: ‘Basic’, ‘Substantial’ and ‘High’;
      • Proposes a new approach inspired by existing national schemes and international standards;
      • Defines a transition path from national schemes in the EU;
      • Grants a three-year certification that can be renewed;
      • Includes transparency requirements such as the location of data processing and storage.

Coming Events

  • The Commerce, Science, and Transportation Committee will hold a hearing on the nomination of Gina Raimondo to be the Secretary of Commerce on 26 January.
  • On 27 July, the Federal Trade Commission (FTC) will hold PrivacyCon 2021.

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Further Reading, Other Developments, and Coming Events (11 January 2021)

Further Reading

  • Why the Russian hack is so significant, and why it’s close to a worst-case scenario” By Kevin Collier — NBC News. This article quotes experts who paint a very ugly picture for the United States (U.S.) in trying to recover from the Russian Federation’s hack. Firstly, the Russians are very good at what they do and likely built multiple backdoors in systems they would want to ensure they have access to after using SolarWinds’ update system to gain initial entry. Secondly, broadly speaking, at present, U.S. agencies and companies have two very unpalatable options: spend months hunting through their systems for any such backdoors or other issues or rebuild their systems from scratch. The ramifications of this hack will continue to be felt well into the Biden Administration.
  • The storming of Capitol Hill was organized on social media.” By Sheera Frenkel — The New York Times. As the repercussions of the riot and apparently attempted insurrection continue to be felt, one aspect that has received attention and will continue to receive attention is the role social media platforms played. Platforms used predominantly by right wing and extremist groups like Gab and Parler were used extensively to plan and execute the attack. This fact and the ongoing content moderation issues at larger platforms will surely inform the Section 230 and privacy legislation debates expected to occur this year and into the future.
  • Comcast data cap blasted by lawmakers as it expands into 12 more states” By Jon Brodkin — Ars Technica. Comcast has extended to other states its 1.2TB cap on household broadband usage, and lawmakers in Massachusetts have written the company, claiming this will hurt low-income families working and schooling children at home. Comcast claims this affects only a small class of subscribers, so-called “super users.” Such a move always seemed in retrospect as data is now the most valuable commodity.
  • Finnish lawmakers’ emails hacked in suspected espionage incident” By Shannon Vavra — cyberscoop. Another legislature of a democratic nation has been hacked, and given the recent hacks of Norway’s Parliament and Germany’s Bundestag by the Russians, it may well turn out they were behind this hack that “obtain[ed] information either to benefit a foreign state or to harm Finland” according to Finland’s National Bureau of Investigation.
  • Facebook Forced Its Employees To Stop Discussing Trump’s Coup Attempt” By Ryan Mac — BuzzFeed News. Reportedly, Facebook shut down internal dialogue about the misgivings voiced by employees about its response to the lies in President Donald Trump’s video and the platform’s role in creating the conditions that caused Trump supporters to storm the United States (U.S.) Capitol. Internally and externally, Facebook equivocated on whether it would go so far as Twitter in taking down Trump’s video and content.
  • WhatsApp gives users an ultimatum: Share data with Facebook or stop using the app” By Dan Goodin — Ars Technica. Very likely in response to coming changes to the Apple iOS that will allow for greater control of privacy, Facebook is giving WhatsApp users a choice: accept our new terms of service that allows personal data to be shared with and used by Facebook or have your account permanently deleted.
  • Insecure wheels: Police turn to car data to destroy suspects’ alibis” By Olivia Solon — NBC News. Like any other computerized, connected device, cars are increasingly a source law enforcement (and likely intelligence agencies) are using to investigate crimes. If you sync your phone via USB or Bluetooth, most modern cars will access your phone and store all sorts of personal data that can later be accessed. But, other systems in cars can tell investigators where the car was, how heavy it was (i.e. how many people), when doors opened, etc. And, there are not specific federal or state laws in the United States to mandate protection of these data.

Other Developments

  • The Federal Bureau of Investigation (FBI), the Cybersecurity and Infrastructure Security Agency (CISA), the Office of the Director of National Intelligence (ODNI), and the National Security Agency (NSA) issued a joint statement, finally naming the Russian Federation as the likely perpetrator of the massive SolarWinds hack. However, the agencies qualified the language, claiming:
    • This work indicates that an Advanced Persistent Threat (APT) actor, likely Russian in origin, is responsible for most or all of the recently discovered, ongoing cyber compromises of both government and non-governmental networks. At this time, we believe this was, and continues to be, an intelligence gathering effort.
      • Why the language is not more definitive is not clear. Perhaps the agencies are merely exercising caution about whom is blamed for the attack. Perhaps the agencies do not want to anger a White House and President averse to reports of Russian hacking for fear it will be associated with the hacking during the 2016 election that aided the Trump Campaign.
      • However, it is noteworthy the agencies are stating their belief the hacking was related to “intelligence gathering,” suggesting the purpose of the incursions was not to destroy data or launch an attack. Presumably, such an assertion is meant to allays concerns that the Russian Federation intends to attack the United States (U.S.) like it did in Ukraine and Georgia in the last decade.
    • The Cyber Unified Coordination Group (UCG) convened per Presidential Policy Directive (PPD) 41 (which technically is the FBI, CISA, and the ODNI but not the NSA) asserted its belief that
      • of the approximately 18,000 affected public and private sector customers of SolarWinds’ Orion products, a much smaller number has been compromised by follow-on activity on their systems. We have so far identified fewer than 10 U.S. government agencies that fall into this category, and are working to identify the nongovernment entities who also may be impacted.
      • These findings are, of course, preliminary, and there may be incentives for the agencies to be less than forthcoming about what they know of the scope and impact of the hacking.
  • Federal Communications Commission (FCC) Chair Ajit Pai has said he will not proceed with a rulemaking to curtail 47 USC 230 (Section 230) in response to a petition the National Telecommunications and Information Administration (NTIA) filed at the direction of President Donald Trump. Pai remarked “I do not intend to move forward with the notice of proposed rule-making at the FCC” because “in part, because given the results of the election, there’s simply not sufficient time to complete the administrative steps necessary in order to resolve the rule-making.” Pai cautioned Congress and the Biden Administration “to study and deliberate on [reforming Section 230] very seriously,” especially “the immunity provision.”  
    • In October, Pai had announced the FCC would proceed with a notice and comment rulemaking based on the NTIA’s petition asking the agency to start a rulemaking to clarify alleged ambiguities in 47 USC 230 regarding the limits of the liability shield for the content others post online versus the liability protection for “good faith” moderation by the platform itself. The NTIA was acting per direction in an executive order allegedly aiming to correct online censorship. Executive Order 13925, “Preventing Online Censorship” was issued in late May after Twitter factchecked two of President Donald Trump’s Tweets regarding false claims made about mail voting in California in response to the COVID-19 pandemic.
  • A House committee released its most recent assessment of federal cybersecurity and information technology (IT) assessment. The House Oversight Committee’s Government Operations Subcommittee released its 11th biannual scorecard under the “Federal Information Technology Acquisition Reform Act (FITARA). The subcommittee stressed this “marks the first time in the Scorecard’s history that all 24 agencies included in the law have received A’s in a single category” and noted it is “the first time that a category will be retired.” Even though this assessment is labeled the FITARA Scorecard, it is actually a compilation of different metrics borne of other pieces of legislation and executive branch programs.
    • Additionally, 19 of the 24 agencies reviewed received A’s on the Data Center Optimization Initiative (DCOI)
    • However, four agencies received F’s on Agency Chief Information Officer (CIO) authority enhancements, measures aiming to fulfill one of the main purposes of FITARA: empowering agency CIOs as a means of controlling and managing better IT acquisition and usage. It has been an ongoing struggle to get agency compliance with the letter and spirit of federal law and directives to do just this.
    • Five agencies got F’s and two agencies got D’s for failing to hit the schedule for transitioning off of the “the expiring Networx, Washington Interagency Telecommunications System (WITS) 3, and Regional Local Service Agreement (LSA) contracts” to the General Services Administration’s $50 billion Enterprise Infrastructure Solutions (EIS). The GSA explained this program in a recent letter:
      • After March 31, 2020, GSA will disconnect agencies, in phases, to meet the September 30, 2022 milestone for 100% completion of transition. The first phase will include agencies that have been “non-responsive” to transition outreach from GSA. Future phases will be based on each agency’s status at that time and the individual circumstances impacting that agency’s transition progress, such as protests or pending contract modifications. The Agency Transition Sponsor will receive a notification before any services are disconnected, and there will be an opportunity for appeal.
  • A bipartisan quartet of United States Senators urged the Trump Administration in a letter to omit language in a trade agreement with the United Kingdom (UK) that mirrors the liability protection in 47 U.S.C. 230 (Section 230). Senators Rob Portman (R-OH), Mark R. Warner (D-VA), Richard Blumenthal (D-CT), and Charles E. Grassley (R-IA) argued to U.S. Trade Representative Ambassador Robert Lighthizer that a “safe harbor” like the one provided to technology companies for hosting or moderating third party content is outdated, not needed in a free trade agreement, contrary to the will of both the Congress and UK Parliament, and likely to be changed legislatively in the near future. However, left unsaid in the letter, is the fact that Democrats and Republicans generally do not agree on how precisely to change Section 230. There may be consensus that change is needed, but what that change looks like is still a matter much in dispute.
    • Stakeholders in Congress were upset that the Trump Administration included language modeled on Section 230 in the United States-Mexico-Canada Agreement (USMCA), the modification of the North American Free Trade Agreement (NAFTA). For example, House Energy and Commerce Committee Chair Frank Pallone Jr (D-NJ) and then Ranking Member Greg Walden (R-OR) wrote Lighthizer, calling it “inappropriate for the United States to export language mirroring Section 230 while such serious policy discussions are ongoing” in Congress.
  • The Trump White House issued a new United States (U.S.) government strategy for advanced computing to replace the 2019 strategy. The “PIONEERING THE FUTURE ADVANCED COMPUTING ECOSYSTEM: A STRATEGIC PLAN” “envisions a future advanced computing ecosystem that provides the foundation for continuing American leadership in science and engineering, economic competitiveness, and national security.” The Administration asserted:
    • It develops a whole-of-nation approach based on input from government, academia, nonprofits, and industry sectors, and builds on the objectives and recommendations of the 2019 National Strategic Computing Initiative Update: Pioneering the Future of Computing. This strategic plan also identifies agency roles and responsibilities and describes essential operational and coordination structures necessary to support and implement its objectives. The plan outlines the following strategic objectives:
      • Utilize the future advanced computing ecosystem as a strategic resource spanning government, academia, nonprofits, and industry.
      • Establish an innovative, trusted, verified, usable, and sustainable software and data ecosystem.
      • Support foundational, applied, and translational research and development to drive the future of advanced computing and its applications.
      • Expand the diverse, capable, and flexible workforce that is critically needed to build and sustain the advanced computing ecosystem.
  • A federal court threw out a significant portion of a suit Apple brought against a security company, Corellium, that offers technology allowing security researchers to virtualize the iOS in order to undertake research. The United States District Court for the Southern District of Florida summarized the case:
    • On August 15, 2019, Apple filed this lawsuit alleging that Corellium infringed Apple’s copyrights in iOS and circumvented its security measures in violation of the federal Digital Millennium Copyright Act (“DMCA”). Corellium denies that it has violated the DMCA or Apple’s copyrights. Corellium further argues that even if it used Apple’s copyrighted work, such use constitutes “fair use” and, therefore, is legally permissible.
    • The court found “that Corellium’s use of iOS constitutes fair use” but did not for the DMCA claim, thus allowing Apple to proceed with that portion of the suit.
  • The Trump Administration issued a plan on how cloud computing could be marshalled to help federally funded artificial intelligence (AI) research and development (R&D). A select committee made four key recommendations that “should accelerate the use of cloud resources for AI R&D: 1)launch and support pilot projects to identify and explore the advantages and challenges associated with the use of commercial clouds in conducting federally funded AI research; (2) improve education and training opportunities to help researchers better leverage cloud resources for AI R&D; (3) catalog best practices in identity management and single-sign-on strategies to enable more effective use of the variety of commercial cloud resources for AI R&D; and (4) establish and publish best practices for the seamless use of different cloud platforms for AI R&D. Each recommendation, if adopted, should accelerate the use of cloud resources for AI R&D.”

Coming Events

  • On 13 January, the Federal Communications Commission (FCC) will hold its monthly open meeting, and the agency has placed the following items on its tentative agenda “Bureau, Office, and Task Force leaders will summarize the work their teams have done over the last four years in a series of presentations:
    • Panel One. The Commission will hear presentations from the Wireless Telecommunications Bureau, International Bureau, Office of Engineering and Technology, and Office of Economics and Analytics.
    • Panel Two. The Commission will hear presentations from the Wireline Competition Bureau and the Rural Broadband Auctions Task Force.
    • Panel Three. The Commission will hear presentations from the Media Bureau and the Incentive Auction Task Force.
    • Panel Four. The Commission will hear presentations from the Consumer and Governmental Affairs Bureau, Enforcement Bureau, and Public Safety and Homeland Security Bureau.
    • Panel Five. The Commission will hear presentations from the Office of Communications Business Opportunities, Office of Managing Director, and Office of General Counsel.
  • On 27 July, the Federal Trade Commission (FTC) will hold PrivacyCon 2021.

© Michael Kans, Michael Kans Blog and michaelkans.blog, 2019-2021. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Michael Kans, Michael Kans Blog, and michaelkans.blog with appropriate and specific direction to the original content.

Image by Gerd Altmann from Pixabay

Further Reading, Other Development, and Coming Events (4 January 2021)

Further Reading

  • Microsoft Says Russian Hackers Viewed Some of Its Source Code” By Nicole Perlroth — The New York Times. The Sluzhba vneshney razvedki Rossiyskoy Federatsii’s (SVR) hack keeps growing and growing with Microsoft admitting its source code was viewed through an employee account. It may be that authorized Microsoft resellers were one of the vectors by which the SVR accessed SolarWinds, FireEye, and ultimately a number of United States (U.S.) government agencies. Expect more revelations to come about the scope and breadth of entities and systems the SVR compromised.
  • In 2020, we reached peak Internet. Here’s what worked — and what flopped.” By Geoffrey Fowler — The Washington Post. The newspaper’s tech columnist reviews the technology used during the pandemic and what is likely to stay with us when life returns to some semblance of normal.
  • Facebook Says It’s Standing Up Against Apple For Small Businesses. Some Of Its Employees Don’t Believe It.” By Craig Silverman and Ryan Mac — BuzzFeed News. Again, two of the best-sourced journalists when it comes to Facebook have exposed employee dissent within the social media and advertising giant, and this time over the company’s advertising blitz positioning it as the champion of small businesses that allegedly stand to be hurt when Apple rolls out iOS 14 that will allow users to block the type of tracking across apps and the internet Facebook thrives on. The company’s PR campaign stands in contrast to the anecdotal stories about errors that harmed and impeded small companies in using Facebook to advertise and sell products and services to cusstomers.
  • SolarWinds hack spotlights a thorny legal problem: Who to blame for espionage?” By Tim Starks — cyberscoop. This piece previews possible and likely inevitable litigation to follow from the SolarWinds hack, including possible securities action on the basis of fishy dumps of stock by executive, breach of contract, and negligence for failing to patch and address vulnerabilities in a timely fashion. Federal and state regulators will probably get on the field, too. But this will probably take years to play out as Home Depot settled claims arising from its 2014 breach with state attorneys general in November 2020.
  • The Tech Policies the Trump Administration Leaves Behind” By Aaron Boyd — Nextgov. A look back at the good, the bad, and the ugly of the Trump Administration’s technology policies, some of which will live on in the Biden Administration.

Other Developments

  • In response to the SolarWinds hack, the Federal Bureau of Investigation (FBI), the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), and the Office of the Director of National Intelligence (ODNI) issued a joint statement indicating that the process established in Pursuant to Presidential Policy Directive (PPD) 41, an Obama Administration policy has been activated and a Cyber Unified Coordination Group (UCG) has been formed “to coordinate a whole-of-government response to this significant cyber incident.” The agencies explained “[t]he UCG is intended to unify the individual efforts of these agencies as they focus on their separate responsibilities.”
    • In PPD-41 it is explained that a UCG “shall serve as the primary method for coordinating between and among Federal agencies in response to a significant cyber incident as well as for integrating private sector partners into incident response efforts, as appropriate.” Moreover, “[t]he Cyber UCG is intended to result in unity of effort and not to alter agency authorities or leadership, oversight, or command responsibilities.”
  • Following the completion of its “in-depth” investigation, the European Commission (EC) cleared Google’s acquisition of Fitbit with certain conditions, removing a significant hurdle for the American multinational in buying the wearable fitness tracker company. In its press release, the EC explained that after its investigation, “the Commission had concerns that the transaction, as initially notified, would have harmed competition in several markets.” To address and allay concerns, Google bound itself for ten years to a set of commitments that can be unilaterally extended by the EC and will be enforced, in part, by the appointment of a trustee to oversee compliance.
    • The EC was particularly concerned about:
      • Advertising: By acquiring Fitbit, Google would acquire (i) the database maintained by Fitbit about its users’ health and fitness; and (ii) the technology to develop a database similar to that of Fitbit. By increasing the already vast amount of data that Google could use for the personalisation of ads, it would be more difficult for rivals to match Google’s services in the markets for online search advertising, online display advertising, and the entire “ad tech” ecosystem. The transaction would therefore raise barriers to entry and expansion for Google’s competitors for these services to the detriment of advertisers, who would ultimately face higher prices and have less choice.
      • Access to Web Application Programming Interface (‘API’) in the market for digital healthcare: A number of players in this market currently access health and fitness data provided by Fitbit through a Web API, in order to provide services to Fitbit users and obtain their data in return. The Commission found that following the transaction, Google might restrict competitors’ access to the Fitbit Web API. Such a strategy would come especially at the detriment of start-ups in the nascent European digital healthcare space.
      • Wrist-worn wearable devices: The Commission is concerned that following the transaction, Google could put competing manufacturers of wrist-worn wearable devices at a disadvantage by degrading their interoperability with Android smartphones.
    • As noted, Google made a number of commitments to address competition concerns:
      • Ads Commitment:
        • Google will not use for Google Ads the health and wellness data collected from wrist-worn wearable devices and other Fitbit devices of users in the EEA, including search advertising, display advertising, and advertising intermediation products. This refers also to data collected via sensors (including GPS) as well as manually inserted data.
        • Google will maintain a technical separation of the relevant Fitbit’s user data. The data will be stored in a “data silo” which will be separate from any other Google data that is used for advertising.
        • Google will ensure that European Economic Area (‘EEA’) users will have an effective choice to grant or deny the use of health and wellness data stored in their Google Account or Fitbit Account by other Google services (such as Google Search, Google Maps, Google Assistant, and YouTube).
      • Web API Access Commitment:
        • Google will maintain access to users’ health and fitness data to software applications through the Fitbit Web API, without charging for access and subject to user consent.
      • Android APIs Commitment:
        • Google will continue to license for free to Android original equipment manufacturers (OEMs) those public APIs covering all current core functionalities that wrist-worn devices need to interoperate with an Android smartphone. Such core functionalities include but are not limited to, connecting via Bluetooth to an Android smartphone, accessing the smartphone’s camera or its GPS. To ensure that this commitment is future-proof, any improvements of those functionalities and relevant updates are also covered.
        • It is not possible for Google to circumvent the Android API commitment by duplicating the core interoperability APIs outside the Android Open Source Project (AOSP). This is because, according to the commitments, Google has to keep the functionalities afforded by the core interoperability APIs, including any improvements related to the functionalities, in open-source code in the future. Any improvements to the functionalities of these core interoperability APIs (including if ever they were made available to Fitbit via a private API) also need to be developed in AOSP and offered in open-source code to Fitbit’s competitors.
        • To ensure that wearable device OEMs have also access to future functionalities, Google will grant these OEMs access to all Android APIs that it will make available to Android smartphone app developers including those APIs that are part of Google Mobile Services (GMS), a collection of proprietary Google apps that is not a part of the Android Open Source Project.
        • Google also will not circumvent the Android API commitment by degrading users experience with third party wrist-worn devices through the display of warnings, error messages or permission requests in a discriminatory way or by imposing on wrist-worn devices OEMs discriminatory conditions on the access of their companion app to the Google Play Store.
  • The United States (U.S.) Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) has proposed a major rewrite of the regulations governing medical privacy in the U.S. As the U.S. lacks a unified privacy regime, the proposed changes would affect on those entities in the medical sector subject to the regime, which is admittedly many such entities. Nevertheless, it is almost certain the Biden Administration will pause this rulemaking and quite possibly withdraw it should it prove crosswise with the new White House’s policy goals.
    • HHS issued a notice of proposed rulemaking “to modify the Standards for the Privacy of Individually Identifiable Health Information (Privacy Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act).”
      • HHS continued:
        • The Privacy Rule is one of several rules, collectively known as the HIPAA Rules, that protect the privacy and security of individuals’ medical records and other protected health information (PHI), i.e., individually identifiable health information maintained or transmitted by or on behalf of HIPAA covered entities (i.e., health care providers who conduct covered health care transactions electronically, health plans, and health care clearinghouses).
        • The proposals in this NPRM support the Department’s Regulatory Sprint to Coordinated Care (Regulatory Sprint), described in detail below. Specifically, the proposals in this NPRM would amend provisions of the Privacy Rule that could present barriers to coordinated care and case management –or impose other regulatory burdens without sufficiently compensating for, or offsetting, such burdens through privacy protections. These regulatory barriers may impede the transformation of the health care system from a system that pays for procedures and services to a system of value-based health care that pays for quality care.
    • In a press release, OCR asserted:
      • The proposed changes to the HIPAA Privacy Rule include strengthening individuals’ rights to access their own health information, including electronic information; improving information sharing for care coordination and case management for individuals; facilitating greater family and caregiver involvement in the care of individuals experiencing emergencies or health crises; enhancing flexibilities for disclosures in emergency or threatening circumstances, such as the Opioid and COVID-19 public health emergencies; and reducing administrative burdens on HIPAA covered health care providers and health plans, while continuing to protect individuals’ health information privacy interests.
  • The Federal Trade Commission (FTC) has used its powers to compel selected regulated entities to provide requested information in asking that “nine social media and video streaming companies…provide data on how they collect, use, and present personal information, their advertising and user engagement practices, and how their practices affect children and teens.” The TFTC is using its Section 6(b) authority to compel the information from Amazon.com, Inc., ByteDance Ltd., which operates the short video service TikTok, Discord Inc., Facebook, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., WhatsApp Inc., and YouTube LLC. Failure to respond can result in the FTC fining a non-compliant entity.
    • The FTC claimed in its press release it “is seeking information specifically related to:
      • how social media and video streaming services collect, use, track, estimate, or derive personal and demographic information;
      • how they determine which ads and other content are shown to consumers;
      • whether they apply algorithms or data analytics to personal information;
      • how they measure, promote, and research user engagement; and
      • how their practices affect children and teens.
    • The FTC explained in its sample order:
      • The Commission is seeking information concerning the privacy policies, procedures, and practices of Social Media and Video Streaming Service providers, Including the method and manner in which they collect, use, store, and disclose Personal Information about consumers and their devices. The Special Report will assist the Commission in conducting a study of such policies, practices, and procedures.
  • The United States (U.S.) Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) supplemented its Emergency Directive 21-01 to federal civilian agencies in response to the Sluzhba vneshney razvedki Rossiyskoy Federatsii’s (SVR) hack via SolarWinds. In an 18 December update, CISA explained:
    • This section provides additional guidance on the implementation of CISA Emergency Directive (ED) 21-01, to include an update on affected versions, guidance for agencies using third-party service providers, and additional clarity on required actions.
    •  In a 30 December update, CISA stated:
      • Specifically, all federal agencies operating versions of the SolarWinds Orion platform other than those identified as “affected versions” below are required to use at least SolarWinds Orion Platform version 2020.2.1HF2. The National Security Agency (NSA) has examined this version and verified that it eliminates the previously identified malicious code. Given the number and nature of disclosed and undisclosed vulnerabilities in SolarWinds Orion, all instances that remain connected to federal networks must be updated to 2020.2.1 HF2 by COB December 31, 2020. CISA will follow up with additional supplemental guidance, to include further clarifications and hardening requirements.
  • Australia’s Attorney-General’s Department published an unclassified version of the four volumes of the “Report of the Comprehensive Review of the Legal Framework of the National Intelligence Community,” an “examination of the legislative framework underpinning the National Intelligence Community (NIC)…the first and largest since the Hope Royal Commissions considered the Australian Intelligence Community (AIC) in the 1970s and 1980s.” Ultimately, the authors of the report concluded:
    • We do not consider the introduction of a common legislative framework, in the form of a single Act governing all or some NIC agencies, to be a practical, pragmatic or proportionate reform. It would be unlikely that the intended benefits of streamlining and simplifying NIC legislation could be achieved due to the diversity of NIC agency functions—from intelligence to law enforcement, regulatory and policy—and the need to maintain differences in powers, immunities and authorising frameworks. The Review estimates that reform of this scale would cost over $200million and take up to 10years to complete. This would be an impractical and disproportionate undertaking for no substantial gain. In our view, the significant costs and risks of moving to a single, consolidated Act clearly outweigh the limited potential benefits.
    • While not recommending a common legislative framework for the entire NIC, some areas of NIC legislation would benefit from simplification and modernisation. We recommend the repeal of the TIA Act, Surveillance Devices Act 2004(SD Act) and parts of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), and their replacement with a single new Act governing the use of electronic surveillance powers—telecommunications interception, covert access to stored communications, computers and telecommunications data, and the use of optical, listening and tracking devices—under Commonwealth law.
  • The National Institute of Standards and Technology (NIST) released additional materials to supplement a major rewrite of a foundational security guidance document. NIST explained “[n]ew supplemental materials for NIST Special Publication (SP) 800-53 Revision 5, Security and Privacy Controls for Information Systems and Organizations, are available for download to support the December 10, 2020 errata release of SP 800-53 and SP 800-53B, Control Baselines for Information Systems and Organizations.” These supplemental materials include:
    • A comparison of the NIST SP 800-53 Revision 5 controls and control enhancements to Revision 4. The spreadsheet describes the changes to each control and control enhancement, provides a brief summary of the changes, and includes an assessment of the significance of the changes.  Note that this comparison was authored by The MITRE Corporation for the Director of National Intelligence (DNI) and is being shared with permission by DNI.
    • Mapping of the Appendix J Privacy Controls (Revision 4) to Revision 5. The spreadsheet supports organizations using the privacy controls in Appendix J of SP 800-53 Revision 4 that are transitioning to the integrated control catalog in Revision 5.
    • Mappings between NIST SP 800-53 and other frameworks and standards. The mappings provide organizations a general indication of SP 800-53 control coverage with respect to other frameworks and standards. When leveraging the mappings, it is important to consider the intended scope of each publication and how each publication is used; organizations should not assume equivalency based solely on the mapping tables because mappings are not always one-to-one and there is a degree of subjectivity in the mapping analysis.
  • Via a final rule, the Department of Defense (DOD) codified “the National Industrial Security Program Operating Manual (NISPOM) in regulation…[that] establishes requirements for the protection of classified information disclosed to or developed by contractors, licensees, grantees, or certificate holders (hereinafter referred to as contractors) to prevent unauthorized disclosure.” The DOD stated “[i]n addition to adding the NISPOM to the Code of Federal Regulations (CFR), this rule incorporates the requirements of Security Executive Agent Directive (SEAD) 3, “Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position.” The DOD stated “SEAD 3 requires reporting by all contractor cleared personnel who have been granted eligibility for access to classified information.”
    • The DOD added “[t]his NISPOM rule provides for a single nation-wide implementation plan which will, with this rule, include SEAD 3 reporting by all contractor cleared personnel to report specific activities that may adversely impact their continued national security eligibility, such as reporting of foreign travel and foreign contacts.”
    • The DOD explained “NISP Cognizant Security Agencies (CSAs) shall conduct an analysis of such reported activities to determine whether they pose a potential threat to national security and take appropriate action.”
    • The DOD added that “the rule also implements the provisions of Section 842 of Public Law 115-232, which removes the requirement for a covered National Technology and Industrial Base (NTIB) entity operating under a special security agreement pursuant to the NISP to obtain a national interest determination as a condition for access to proscribed information.”
  • An advisory committee housed at the United States (U.S.) Department of Homeland Security (DHS) is calling for the White House to quickly “operationalize intelligence in a classified space with senior executives and cyber experts from most critical entities in the energy, financial services, and communications sectors working directly with intelligence analysts and other government staff.” In their report, the President’s National Infrastructure Advisory Council (NIAC) proposed the creation of a Critical Infrastructure Command Center (CICC) to “provid[e] real-time collaboration between government and industry…[and] take direct action and provide tactical solutions to mitigate, remediate,  and deter threats.” NIAC urged the President to “direct relevant federal agencies to support the private sector in executing the concept, including identifying the required government staff…[and] work with Congress to ensure the appropriate authorities are established to allow the CICC to fully realize its operational functionality.” NIAC recommended “near-term actions to implement the CICC concept:
    • 1.The President should direct the relevant federal agencies to support the private sector in rapidly standing up the CICC concept with the energy, financial services, and communications sectors:
      • a. Within 90 days the private sector will identify the executives who will lead execution of the CICC concept and establish governing criteria (including membership, staffing and rotation, and other logistics).
      • b. Within 120 days the CICC sector executives will identify and assign the necessary CICC staff from the private sector.
      • c. Within 90 days an appropriate venue to house the operational component will be identified and the necessary agreements put in place.
    • 2. The President should direct the Intelligence Community and other relevant government agencies to identify and co-locate the required government staff counterparts to enable the direct coordination required by the CICC. This staff should be pulled from the IC, SSAs, and law enforcement.
    • 3. The President, working with Congress, should establish the appropriate authorities and mission for federal agencies to directly share intelligence with critical infrastructure companies, along with any other authorities required for the CICC concept to be fully successful (identified in Appendix A).
    • 4. Once the CICC concept is fully operational (within 180 days), the responsible executives should deliver a report to the NSC and the NIAC demonstrating how the distinct capabilities of the CICC have been achieved and the impact of the capabilities to date. The report should identify remaining gaps in resources, direction, or authorities.

Coming Events

  • On 13 January, the Federal Communications Commission (FCC) will hold its monthly open meeting, and the agency has placed the following items on its tentative agenda “Bureau, Office, and Task Force leaders will summarize the work their teams have done over the last four years in a series of presentations:
    • Panel One. The Commission will hear presentations from the Wireless Telecommunications Bureau, International Bureau, Office of Engineering and Technology, and Office of Economics and Analytics.
    • Panel Two. The Commission will hear presentations from the Wireline Competition Bureau and the Rural Broadband Auctions Task Force.
    • Panel Three. The Commission will hear presentations from the Media Bureau and the Incentive Auction Task Force.
    • Panel Four. The Commission will hear presentations from the Consumer and Governmental Affairs Bureau, Enforcement Bureau, and Public Safety and Homeland Security Bureau.
    • Panel Five. The Commission will hear presentations from the Office of Communications Business Opportunities, Office of Managing Director, and Office of General Counsel.
  • On 27 July, the Federal Trade Commission (FTC) will hold PrivacyCon 2021.

© Michael Kans, Michael Kans Blog and michaelkans.blog, 2019-2021. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Michael Kans, Michael Kans Blog, and michaelkans.blog with appropriate and specific direction to the original content.

Image by opsa from Pixabay

Further Reading, Other Developments, and Coming Events (7 September)

Here is today’s Further Reading, Other Developments, and Coming Events.

Coming Events

  • The United States-China Economic and Security Review Commission will hold a hearing on 9 September on “U.S.-China Relations in 2020: Enduring Problems and Emerging Challenges” to “evaluate key developments in China’s economy, military capabilities, and foreign relations, during 2020.”
  • On 10 September, the General Services Administration (GSA) will have a webinar to discuss implementation of Section 889 of the “John S. McCain National Defense Authorization Act (NDAA) for FY 2019” (P.L. 115-232) that bars the federal government and its contractors from buying the equipment and services from Huawei, ZTE, and other companies from the People’s Republic of China.
  • The Federal Communications Commission (FCC) will hold a forum on 5G Open Radio Access Networks on 14 September. The FCC asserted
    • Chairman [Ajit] Pai will host experts at the forefront of the development and deployment of open, interoperable, standards-based, virtualized radio access networks to discuss this innovative new approach to 5G network architecture. Open Radio Access Networks offer an alternative to traditional cellular network architecture and could enable a diversity in suppliers, better network security, and lower costs.
  • The Senate Judiciary Committee’s Antitrust, Competition Policy & Consumer Rights Subcommittee will hold a hearing on 15 September titled “Stacking the Tech: Has Google Harmed Competition in Online Advertising?.” In their press release, Chair Mike Lee (R-UT) and Ranking Member Amy Klobuchar (D-MN) asserted:
    • Google is the dominant player in online advertising, a business that accounts for around 85% of its revenues and which allows it to monetize the data it collects through the products it offers for free. Recent consumer complaints and investigations by law enforcement have raised questions about whether Google has acquired or maintained its market power in online advertising in violation of the antitrust laws. News reports indicate this may also be the centerpiece of a forthcoming antitrust lawsuit from the U.S. Department of Justice. This hearing will examine these allegations and provide a forum to assess the most important antitrust investigation of the 21st century.
  • The United States’ Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) announced that its third annual National Cybersecurity Summit “will be held virtually as a series of webinars every Wednesday for four weeks beginning September 16 and ending October 7:”
    • September 16: Key Cyber Insights
    • September 23: Leading the Digital Transformation
    • September 30: Diversity in Cybersecurity
    • October 7: Defending our Democracy
    • One can register for the event here.
  • On 22 September, the Federal Trade Commission (FTC) will hold a public workshop “to examine the potential benefits and challenges to consumers and competition raised by data portability.”
  • The Senate Judiciary Committee’s Antitrust, Competition Policy & Consumer Rights Subcommittee will hold a hearing on 30 September titled ““Oversight of the Enforcement of the Antitrust Laws” with Federal Trade Commission Chair Joseph Simons and United States Department of Justice Antitrust Division Assistant Attorney General Makan Delhrahim.
  • The Federal Communications Commission (FCC) will hold an open meeting on 30 September, but an agenda is not available at this time.

Other Developments

  • A federal appeals court found that the National Security Agency (NSA) exceeded it lawful remit in operating the bulk collection of metadata program former contractor Edward Snowden exposed. Even though the United States Court of Appeals for the Ninth Circuit did not reverse the convictions of four Somalis convicted of providing assistance to terrorists, the court did find the telephony metadata program exceeded Congress’ authorization provided in the Foreign Surveillance Intelligence Act (FISA). The court also suggested the NSA may have also violated the Fourth Amendment’s ban on unreasonable searches without deciding the question. The NSA closed the program in 2015 and had a great deal of difficulty with a successor program authorized the same year that was also shut down in 2018. However, the Trump Administration has asked for a reauthorization of the most recent version even though it has admitted it has no plans to restart the program in the immediate future.
  • The top Democrats on five House and Senate committees wrote the new Director of National Intelligence (DNI) calling on him to continue briefing committees of jurisdiction on intelligence regarding election interference. Reportedly, DNI John Ratcliffe wrote these committees in late August, stating his office would still provide Congress written briefings but would no longer conduct in-person briefings because of alleged leaking by Democrats. However, the chair of the Senate Intelligence Committee claimed his committee would still be briefed in person.
    • In an interview, Ratcliffe explained his rationale for ending in person briefings:
      • I reiterated to Congress, look, I’m going to keep you fully and currently informed, as required by the law. But I also said, we’re not going to do a repeat of what happened a month ago, when I did more than what was required, at the request of Congress, to brief not just the Oversight Committees, but every member of Congress. And yet, within minutes of that — one of those briefings ending, a number of members of Congress went to a number of different publications and leaked classified information, again, for political purposes, to create a narrative that simply isn’t true, that somehow Russia is a greater national security threat than China.
    • Senate Rules Committee Ranking Member Amy Klobuchar (D-MN), House Administration Committee Chair Zoe Lofgren (D-CA), Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA), House Judiciary Committee Chair Jerrold Nadler (D-NY), and House Homeland Security Committee Chair Bennie Thompson (D-MS) expressed “serious alarm regarding your decision to stop providing in-person election security briefings to Congress, and to insist that you immediately reschedule these critical briefings ahead of the November general election.” They added
      • The important dialogue that comes from a briefing cannot be understated, as you’re well aware. This is why the Intelligence Community (IC) has for decades arranged for senior members of every administration to have intelligence briefers who provide regular, often daily, briefings, rather than simply sending written products to review. Intelligence memos are not a substitute for full congressional briefings. It is also unacceptable to fully brief only one Committee on matters related to federal elections.
      • As Members of the House and Senate with jurisdiction over federal elections, we call on you to immediately resume in-person briefings. We also remind you that the ODNI does not own the intelligence it collects on behalf of the American people, it is a custodian of the information. In addition to the power to establish and fund the ODNI, Congress has the power to compel information from it.
    • In his statement, acting Senate Intelligence Committee Chair Marco Rubio (R-FL) asserted
      • Intelligence agencies have a legal obligation to keep Congress informed of their activities. And Members of Congress have a legal obligation to not divulge classified information. In my short time as Acting Chair of the Senate Select Committee on Intelligence, I have witnessed firsthand how this delicate balance has been destroyed.
      • Divulging access to classified information in order to employ it as a political weapon is not only an abuse, it is a serious federal crime with potentially severe consequences on our national security. This situation we now face is due, in no small part, to the willingness of some to commit federal crimes for the purpose of advancing their electoral aims.
      • Yet, this grotesque criminal misconduct does not release the Intelligence Community from fulfilling its legal requirements to respond to Congressional oversight committees and to keep Members of Congress fully informed of relevant information on a timely basis. I have spoken to Director Ratcliffe who stated unequivocally that he will continue to fulfill these obligations. In particular, he made explicitly clear that the Senate Select Committee on Intelligence will continue receiving briefings on all oversight topics, including election matters. 
    • In early August, National Counterintelligence and Security Center (NCSC) Director William Evanina issued an update to his late July statement “100 Days Until Election 2020” through “sharing additional information with the public on the intentions and activities of our adversaries with respect to the 2020 election…[that] is being released for the purpose of better informing Americans so they can play a critical role in safeguarding our election.” Evanina offered more in the way of detail on the three nations identified as those being most active in and capable of interfering in the November election: the Russian Federation, the People’s Republic of China (PRC), and Iran. This additional detail may well have been provided given the pressure Democrats in Congress to do just this. Members like Speaker of the House Nancy Pelosi (D-CA) argued that Evanina was not giving an accurate picture of the actions by foreign nations to influence the outcome and perception of the 2020 election. Republicans in Congress pushed back, claiming Democrats were seeking to politicize the classified briefings given by the Intelligence Community (IC).
    • In a statement, Pelosi and House Intelligence Committee Chair Adam Schiff (D-CA) expressed gratitude for the additional detail but took issue with the statement for implying through its structure that the risks each nation presents are equal. It would seem to make sense that Pelosi and Schiff are arguing that the Russian Federation is the biggest threat in light of its history in successfully spreading disinformation and misinformation in 2016 to benefit then candidate Donald Trump and harm former Secretary of State Hillary Clinton. This assertion would also serve to rebut the notion that the PRC is the top threat given its placement as the first nation mentioned and Trump Administration rhetoric to this effect.
  • The Federal Acquisition Security Council (FASC) has released an interim regulation that took effect upon being published, but the body will be accepting comments on a still-to-be drafted final regulation. This entire effort is aimed at helping the United States government identify and remove risky and untrustworthy information technology from its systems. However, the FASC is some nine months late in issuing this rule, suggesting that some of the same troubles that have slowed other Trump Administration efforts to secure the federal government’s information and communications technology supply chain delayed this rule. Other efforts have been slowed by industry stakeholder pushback because a number of American multinationals have supply chains in the People’s Republic of China (PRC) and have resisted efforts to decrease sourcing from that country. This rulemaking was required by the “Strengthening and Enhancing Cyber-capabilities by Utilizing Risk Exposure Technology Act” (SECURE Technology Act) (P.L. 115-390). The council has one year to fashion and release a final rule.
    • FASC explained that the interim final rule “implement[s] the requirements of the laws that govern the operation of the FASC, the sharing of supply chain risk information, and the exercise of its authorities to recommend issuance of removal and exclusion orders to address supply chain security risks…[and] [w]ritten comments must be received on or before November 2, 2020.”
    • FASC stated
      • Information and communications technology and services (ICTS) are essential to the proper functioning of U.S. government information systems. The U. S. government’s efforts to evaluate threats to and vulnerabilities in ICTS supply chains have historically been undertaken by individual or small groups of agencies to address specific supply chain security risks. Because of the scale of supply chain risks faced by government agencies, and the need for better coordination among a broader group of agencies, there was an organized effort within the executive branch to support Congressional efforts in 2018 to pass new legislation to improve executive branch coordination, supply chain information sharing, and actions to address supply chain risks.
    • FASC explained the interim rule is divided into three parts:
      • Subpart A explains the scope of this IFR, provides definitions for relevant terms, and establishes the membership of the FASC. Subpart B establishes the role of the FASC’s Information Sharing Agency (ISA). DHS, acting primarily through the Cybersecurity and Infrastructure Security Agency, will serve as the ISA. The ISA will standardize processes and procedures for submission and dissemination of supply chain information, and will facilitate the operations of a Supply Chain Risk Management (SCRM) Task Force under the FASC. This FASC Task Force (hereafter referred to as “Task Force”) will be comprised of designated technical experts that will assist the FASC in implementing its information sharing, risk analysis, and risk assessment functions. Subpart B also prescribes mandatory and voluntary information sharing criteria and associated information protection requirements. Subpart C provides the criteria and procedures by which the FASC will evaluate supply chain risk from sources and covered articles and recommend issuance of orders requiring removal of covered articles from executive agency information systems (removal orders) and orders excluding sources or covered articles from future procurements (exclusion orders). Subpart C also provides the process for issuance of removal orders and exclusion orders and agency requests for waivers from such orders.
    • The FASC noted it was required to select “an appropriate executive agency—the FASC’s Information Sharing Agency (ISA)—to perform the administrative information sharing functions on behalf of the FASC,” and it has chosen the Department of Homeland Security’s Cybersecurity Infrastructure and Security Agency (CISA).
  • The Federal Communications Commission (FCC) released “the results of its efforts to identify use of Huawei and ZTE equipment and services in U.S. telecommunications networks that receive support from the federal Universal Service Fund.” The FCC initiated this proceeding with its the 2019 Supply Chain Order, 85 FR 230, and then Congress came behind the agency and enacted the “Secure and Trusted Communications Networks Act of 2019” (Secure Networks Act) (P.L. 116-124), which authorized in law much of what the FCC was doing. However, this statute did not appropriate any funds for the FCC to implement the identification and removal of Huawei and ZTE equipment from U.S. telecommunications networks. It is possible Congress could provide these funds in an annual appropriations bill for the coming fiscal year.
    • The FCC stated
      • Based on data Commission staff collected through the information collection, all filers report it could cost an estimated $1.837 billion to remove and replace Huawei and ZTE equipment in their networks. Of that total, filers that appear to initially qualify for reimbursement under the Secure and Trusted Communications Network Act of 2019 report it could require approximately $1.618 billion to remove and replace such equipment. Other providers of advanced communications service may not have participated in the information collection and yet still be eligible for reimbursement under the terms of that Act.
  • Australia’s government has released “a voluntary Code of Practice to improve the security of the Internet of Things (IoT),” “a first step in the Australian Government’s approach to improve the security of IoT devices in Australia.” These standards are optional but may foretell future mandatory requirements. The Department of Home Affairs and the Australian Signals Directorate’s Australian Cyber Security Centre developed the Code and explained:
    • This Code of Practice is a voluntary set of measures the Australian Government recommends for industry as the minimum standard for IoT devices. The Code of Practice will also help raise awareness of security safeguards associated with IoT devices, build greater consumer confidence in IoT technology and allow Australia to reap the benefits of greater IoT adoption.
    • The Code of Practice is designed for an industry audience and comprises 13 principles. The Australian Government recommends industry prioritise the top three principles because action on default passwords, vulnerability disclosure and security updates will bring the largest security benefits in the short term.
    • In acknowledgement of the global nature of this issue, the Code of Practice aligns with and builds upon guidance provided by the United Kingdom and is consistent with other international standards. The principles will help inform domestic and international manufacturers about the security features expected of devices available in Australia.
  • The Office of the Privacy Commissioner of Canada (OPC) issued “Privacy guidance for manufacturers of Internet of Things devices” intended to provide “practical information to help ensure that your business practices and the devices you make are privacy protective and compliant with the “Personal Information Protection and Electronic Documents Act” (PIPEDA). The OPC cautioned “[i]f your IoT device is collecting, using or disclosing personal data in the course of commercial activity, then you are subject to PIPEDA and must follow the principles set out in Schedule 1 of PIPEDA…[and] [t]hese principles…are rooted in international data protection standards and reflect the Canadian Standards Association’s Model Privacy Code for the Protection of Personal Information.” OPC offered this checklist:
    • What you must do to fulfill your responsibilities under PIPEDA:
      • Be accountable by instituting practices that protect the personal information under the control of your organization
      • Before collecting personal information, identify the purposes for its collection
      • Obtain informed and meaningful consent from the individual whose personal information is collected, used or disclosed
      • Design your devices to limit collection to that which is necessary to fulfil their stated purposes
      • Use and disclose personal information only for the purpose for which it was collected
      • Ensure that personal information is as accurate, up-to-date and complete as is necessary for the purposes for which it is to be used, especially when making a decision about individuals or when sharing it with others
      • Ensure the personal information you are accountable for is appropriately safeguarded
      • Inform individuals about your policies and practices for information management
      • Give individuals the ability to access and correct their information
      • Provide recourse to individuals by developing complaint procedures
      • Limit what you collect, use, share and retain about your customers, including children
      • Protect personal information through technological safeguards such as encryption and password protection
    • What you should do to supplement your responsibilities under the law:
      • Create device specific privacy policies to improve the transparency of your information practices. For example, include a list of every sensor a device possesses in your policy’s section on disclosures and state the minimum length of time these devices will receive security updates
      • Consider periodically notifying users when the device is collecting data and give consumers greater control to limit the collection.
      • Perform privacy and security risk assessments that help identify and mitigate risks associated with the device and your personal information handling practices
      • Design your devices to have consumers use of strong and unique passwords
      • Provide consumers with user-friendly options to permanently delete information you hold about them and inform them of how to do so
      • Ensure that the end user can patch or update the firmware on the device
  • The United States Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), the Department of the Treasury (Treasury), the Federal Bureau of Investigation (FBI) and U.S. Cyber Command (USCYBERCOM) published a joint technical alert “about an ongoing automated teller machine (ATM) cash-out scheme by North Korean government cyber actors – referred to by the U.S. government as “FASTCash 2.0: North Korea’s BeagleBoyz Robbing Banks.” The agencies asserted
    • [The Democratic People’s Republic of Korea’s (DPRK)] intelligence apparatus controls a hacking team dedicated to robbing banks through remote internet access. To differentiate methods from other North Korean malicious cyber activity, the U.S. Government refers to this team as BeagleBoyz, who represent a subset of HIDDEN COBRA activity. The BeagleBoyz overlap to varying degrees with groups tracked by the cybersecurity industry as Lazarus, Advanced Persistent Threat 38 (APT38), Bluenoroff, and Stardust Chollima and are responsible for the FASTCash ATM cash outs reported in October 2018, fraudulent abuse of compromised bank-operated SWIFT system endpoints since at least 2015, and lucrative cryptocurrency thefts. This illicit behavior has been identified by the United Nations (UN) DPRK Panel of Experts as evasion of UN Security Council resolutions, as it generates substantial revenue for North Korea. North Korea can use these funds for its UN-prohibited nuclear weapons and ballistic missile programs. Additionally, this activity poses significant operational risk to the Financial Services sector and erodes the integrity of the financial system.
  • In a short statement released late on a Friday heading into the Labor Day three day weekend, the Department of Defense (DOD) signaled the end of “its comprehensive re-evaluation of the Joint Enterprise Defense Infrastructure (JEDI) Cloud proposals and determined that Microsoft’s proposal continues to represent the best value to the Government.” Microsoft bested Amazon for the contract in late 2019, but the latter’s court challenge alleged bias against the company as evidenced by comments from President Donald Trump. This case is ongoing, and Amazon will almost certainly challenge this award, too. In a blog posting, Amazon declared “we will not back down in the face of targeted political cronyism or illusory corrective actions, and we will continue pursuing a fair, objective, and impartial review.” The DOD explained that the potentially $10 billion contract “will make a full range of cloud computing services available to the DOD.” The Pentagon conceded that “[w]hile contract performance will not begin immediately due to the Preliminary Injunction Order issued by the Court of Federal Claims on February 13, 2020, DOD is eager to begin delivering this capability to our men and women in uniform.”

Further Reading

  • Race for Coronavirus Vaccine Pits Spy Against Spy” By Julian E. Barnes and Michael Venutolo-Mantovani – The New York Times. Reportedly, hackers from the People’s Republic of China (PRC), Russian Federation, and the Islamic Republic of Iran have widened their list of targets to include research universities in the United States (U.S.) working on COVID-19 vaccine research. Officials quoted in the piece explain the likely motivations as being knowing what the U.S. is up to considering their research capabilities are not as good, “checking” their own research against the U.S., and possibly even prestige if they can leverage the intelligence gained into a viable vaccine more quickly than the U.S. or other western nations. Perhaps there is an even more basic motivation: they want a vaccine as fast as possible and are willing to steal one to save their citizens. Nonetheless, this article follows the announcements during the summer by Five Eyes security services that the three nations were targeting pharmaceutical companies and seems to be of the same piece. The article only hints at the possibility that the U.S. and its allies may be doing exactly the same to those nations to monitor their efforts as well. One final interesting strand. Russia seems to be gearing up for a major influence campaign to widen the split in U.S. society about the proper response to COVID-19 by sowing doubt about vaccinations generally.
  • Forget TikTok. China’s Powerhouse App Is WeChat, and Its Power Is Sweeping.” By Paul Mozur – The New York Times. This article delves deeply into WeChat the do-all app most people inside and from the People’s Republic of China (PRC) have on their phone. It is a combination WhatsApp, Amazon, Apple Pay, Facebook, and other functionality that has become indispensable to those living in the PRC. One person who lived in Canada and returned wishes she could dispense with the app that has become central to Beijing’s efforts to censor and control its people. The PRC employs algorithms and human monitoring to ensure nothing critical of the government is posted or disseminated. One user in North America was shocked to learn the depiction of Donald Trump on the app as being deeply respected be everyone in the United States (U.S.) was wrong when talking to others. A few of the experts quoted expressed doubt that banning the app in the U.S. will change much.
  • U.S. considers cutting trade with China’s biggest semiconductor manufacturer” By Jeanne Whalen – The Washington Post; “Trump administration weighs blacklisting China’s chipmaker SMIC” by Idrees Ali, Alexandra Alper, and Karen Freifeld – Reuters.
  •  The People’s Republic of China’s (PRC) biggest semiconductor maker may be added to the United States’ (U.S.) no-trade list soon in what may be another move to further cut Huawei’s access to crucial western technology. Ostensibly, the Semiconductor Manufacturing International Corp. (SMIC) is being accused of having ties that too close with the PRC’s military. However, the company rejected this allegation in its statement: “The company manufactures semiconductors and provides services solely for civilian and commercial end-users and end-uses. We have no relationship with the Chinese military.” A different PRC chip maker was added to the list in 2018: Fujian Jinhua Integrated Circuit Co.
  • Pasco’s sheriff created a futuristic program to stop crime before it happens. It monitors and harasses families across the county.” By Kathleen Mcgrory and Neil Bedi – Tampa Bay Times. Eevn though most of the truly alarming aspects of this sheriff’s office are human based, the notion that using technology and intelligence methods will allow someone to predict crime are dystopian and disconcerting. What this sheriff’s department has done to mostly minors guilty of at most petty misdemeanors should give anyone pause about employing technology to predict crime and criminals.
  • DHS, FBI rebut reports about hacked voter data on Russian forum” By Tim Starks – Politico. The United States Department of Homeland Security’s Cybersecurity Infrastructure and Security Agency (CISA) and Federal Bureau of Investigation rebutted claims made by journalist Julia Ioffe that Michigan voter data were in the hands of Russian hackers. However, statements by CISA, the FBI, and the state of Michigan explained there has been no hack, and that these data may have been obtained through a Freedom of Information Act request.

© Michael Kans, Michael Kans Blog and michaelkans.blog, 2019-2020. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Michael Kans, Michael Kans Blog, and michaelkans.blog with appropriate and specific direction to the original content.

Image by Republica from Pixabay

Further Reading and Other Developments (17 July)

First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and 2020 here.

Speaking of which, the Technology Policy Update is being published daily during the week, and here are the Other Developments and Further Reading from this week.

Other Developments

  • Acting Senate Intelligence Committee Chair Marco Rubio (R-FL), Senate Foreign Relations Committee Chair Jim Risch (R-ID), and Senators Chris Coons (D-DE) and John Cornyn (R-TX) wrote Secretary of Commerce Wilbur Ross and Secretary of Defense Mike Esper “to ask that the Administration take immediate measures to bring the most advanced digital semiconductor manufacturing capabilities to the United States…[which] are critical to our American economic and national security and while our nation leads in the design of semiconductors, we rely on international manufacturing for advanced semiconductor fabrication.” This letter follows the Trump Administration’s May announcement that the Taiwan Semiconductor Manufacturing Corporation (TSMC) agreed to build a $12 billion plant in Arizona. It also bears note that one of the amendments pending to the “National Defense Authorization Act for Fiscal Year 2021“ (S.4049) would establish a grants program to stimulate semiconductor manufacturing in the US.
  • Senators Mark R. Warner (D-VA), Mazie K. Hirono (D-HI) and Bob Menendez (D-NJ) sent a letter to Facebook “regarding its failure to prevent the propagation of white supremacist groups online and its role in providing such groups with the organizational infrastructure and reach needed to expand.” They also “criticized Facebook for being unable or unwilling to enforce its own Community Standards and purge white supremacist and other violent extremist content from the site” and posed “a series of questions regarding Facebook’s policies and procedures against hate speech, violence, white supremacy and the amplification of extremist content.”
  • The Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) published the Pipeline Cyber Risk Mitigation Infographic that was “[d]eveloped in coordination with the Transportation Security Administration (TSA)…[that] outlines activities that pipeline owners/operators can undertake to improve their ability to prepare for, respond to, and mitigate against malicious cyber threats.”
  • Representative Kendra Horn (D-OK) and 10 other Democrats introduced legislation “requiring the U.S. government to identify, analyze, and combat efforts by the Chinese government to exploit the COVID-19 pandemic” that was endorsed by “[t]he broader Blue Dog Coalition” according to their press release. The “Preventing China from Exploiting COVID-19 Act” (H.R.7484) “requires the Director of National Intelligence—in coordination with the Secretaries of Defense, State, and Homeland Security—to prepare an assessment of the different ways in which the Chinese government has exploited or could exploit the pandemic, which originated in China, in order to advance China’s interests and to undermine the interests of the United States, its allies, and the rules-based international order.” Horn and her cosponsors stated “[t]he assessment must be provided to Congress within 90 days and posted in unclassified form on the DNI’s website.”
  • The Supreme Court of Canada upheld the “Genetic Non-Discrimination Act” and denied a challenge to the legality of the statute brought by the government of Quebec, the Attorney General of Canada, and others. The court found:
    • The pith and substance of the challenged provisions is to protect individuals’ control over their detailed personal information disclosed by genetic tests, in the broad areas of contracting and the provision of goods and services, in order to address Canadians’ fears that their genetic test results will be used against them and to prevent discrimination based on that information. This matter is properly classified within Parliament’s power over criminal law. The provisions are supported by a criminal law purpose because they respond to a threat of harm to several overlapping public interests traditionally protected by the criminal law — autonomy, privacy, equality and public health.
  • The U.S.-China Economic and Security Review Commission published a report “analyzing the evolution of U.S. multinational enterprises (MNE) operations in China from 2000 to 2017.” The Commission found MNE’s operations in the People’s Republic of China “may indirectly erode the  United  States’  domestic industrial competitiveness  and  technological  leadership relative  to  China” and “as U.S. MNE activity in China increasingly focuses on the production of high-end technologies, the risk  that  U.S.  firms  are  unwittingly enabling China to  achieve  its industrial  policy and  military  development objectives rises.”
  • The Federal Communications Commission (FCC) and Huawei filed their final briefs in their lawsuit before the United States Court of Appeals for the Fifth Circuit arising from the FCC’s designation of Huawei as a “covered company” for purposes of a rule that denies Universal Service Funds (USF) “to purchase or obtain any equipment or services produced or provided by a covered company posing a national security threat to the integrity of communications networks or the communications supply chain.” Huawei claimed in its brief that “[t]he rulemaking and “initial designation” rest on the FCC’s national security judgments..[b]ut such judgments fall far afield of the FCC’s statutory  authority  and  competence.” Huawei also argued “[t]he USF rule, moreover, contravenes the Administrative Procedure Act (APA) and the Due Process Clause.” The FCC responded in its filing that “Huawei challenges the FCC’s decision to exclude carriers whose networks are vulnerable to foreign interference, contending that the FCC has neither statutory nor constitutional authority to make policy judgments involving “national security”…[but] [t]hese arguments are premature, as Huawei has not yet been injured by the Order.” The FCC added “Huawei’s claim that the Communications Act textually commits all policy determinations with national security implications to the President is demonstrably false.”
  • European Data Protection Supervisor (EDPS) Wojciech Wiewiórowski released his Strategy for 2020-2024, “which will focus on Digital Solidarity.” Wiewiórowski explained that “three core pillars of the EDPS strategy outline the guiding actions and objectives for the organisation to the end of 2024:
    • Foresight: The EDPS will continue to monitor legal, social and technological advances around the world and engage with experts, specialists and data protection authorities to inform its work.
    • Action: To strengthen the EDPS’ supervision, enforcement and advisory roles the EDPS will promote coherence in the activities of enforcement bodies in the EU and develop tools to assist the EU institutions, bodies and agencies to maintain the highest standards in data protection.
    • Solidarity: While promoting digital justice and privacy for all, the EDPS will also enforce responsible and sustainable data processing, to positively impact individuals and maximise societal benefits in a just and fair way.
  • Facebook released a Civil Rights Audit, an “investigation into Facebook’s policies and practices began in 2018 at the behest and encouragement of the civil rights community and some members of Congress.” Those charged with conducting the audit explained that they “vigorously advocated for more and would have liked to see the company go further to address civil rights concerns in a host of areas that are described in detail in the report” including but not limited to
    • A stronger interpretation of its voter suppression policies — an interpretation that makes those policies effective against voter suppression and prohibits content like the Trump voting posts — and more robust and more consistent enforcement of those policies leading up to the US 2020 election.
    • More visible and consistent prioritization of civil rights in company decision-making overall.
    • More resources invested to study and address organized hate against Muslims, Jews and other targeted groups on the platform.
    • A commitment to go beyond banning explicit references to white separatism and white nationalism to also prohibit express praise, support and representation of white separatism and white nationalism even where the terms themselves are not used.
    • More concrete action and specific commitments to take steps to address concerns about algorithmic bias or discrimination.
    • They added that “[t]his report outlines a number of positive and consequential steps that the company has taken, but at this point in history, the Auditors are concerned that those gains could be obscured by the vexing and heartbreaking decisions Facebook has made that represent significant setbacks for civil rights.”
  • The National Security Commission on Artificial Intelligence (NSCAI) released a white paper titled “The Role of AI Technology in Pandemic Response and Preparedness” that “outlines a series of investments and initiatives that the United States must undertake to realize the full potential of AI to secure our nation against pandemics.” NSCAI noted its previous two white papers:
  • Secretary of Defense Mark Esper announced that Chief Technology Officer Michael J.K. Kratsios has “been designated to serve as Acting Under Secretary of Defense for Research and Engineering” even though he does not have a degree in science. The last Under Secretary held a PhD. However, Kratsios worked for venture capitalist Peter Thiel who backed President Donald Trump when he ran for office in 2016.
  • The United States’ Department of Transportation’s Federal Railroad Administration (FRA) issued research “to develop a cyber security risk analysis methodology for communications-based connected railroad technologies…[and] [t]he use-case-specific implementation of the methodology can identify potential cyber attack threats, system vulnerabilities, and consequences of the attack– with risk assessment and identification of promising risk mitigation strategies.”
  • In a blog post, a National Institute of Standards and Technology (NIST) economist asserted cybercrime may be having a much larger impact on the United States’ economy than previously thought:
    • In a recent NIST report, I looked at losses in the U.S. manufacturing industry due to cybercrime by examining an underutilized dataset from the Bureau of Justice Statistics, which is the most statistically reliable data that I can find. I also extended this work to look at the losses in all U.S. industries. The data is from a 2005 survey of 36,000 businesses with 8,079 responses, which is also by far the largest sample that I could identify for examining aggregated U.S. cybercrime losses. Using this data, combined with methods for examining uncertainty in data, I extrapolated upper and lower bounds, putting 2016 U.S. manufacturing losses to be between 0.4% and 1.7% of manufacturing value-added or between $8.3 billion and $36.3 billion. The losses for all industries are between 0.9% and 4.1% of total U.S. gross domestic product (GDP), or between $167.9 billion and $770.0 billion. The lower bound is 40% higher than the widely cited, but largely unconfirmed, estimates from McAfee.
  • The Government Accountability Office (GAO) advised the Federal Communications Commission (FCC) that it needs a comprehensive strategy for implementing 5G across the United States. The GAO concluded
    • FCC has taken a number of actions regarding 5G deployment, but it has not clearly developed specific and measurable performance goals and related measures–with the involvement of relevant stakeholders, including National Telecommunications and Information Administration (NTIA)–to manage the spectrum demands associated with 5G deployment. This makes FCC unable to demonstrate whether the progress being made in freeing up spectrum is achieving any specific goals, particularly as it relates to congested mid-band spectrum. Additionally, without having established specific and measurable performance goals with related strategies and measures for mitigating 5G’s potential effects on the digital divide, FCC will not be able to assess the extent to which its actions are addressing the digital divide or what actions would best help all Americans obtain access to wireless networks.
  • The Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) issued “Time Guidance for Network Operators, Chief Information Officers, and Chief Information Security Officers” “to inform public and private sector organizations, educational institutions, and government agencies on time resilience and security practices in enterprise networks and systems…[and] to address gaps in available time testing practices, increasing awareness of time-related system issues and the linkage between time and cybersecurity.”
  • Fifteen Democratic Senators sent a letter to the Department of Defense, Office of the Director of National Intelligence (ODNI), Department of Homeland Security (DHS), Federal Bureau of Investigations (FBI), and U.S. Cyber Command, urging them “to take additional measures to fight influence campaigns aimed at disenfranchising voters, especially voters of color, ahead of the 2020 election.” They called on these agencies to take “additional measures:”
    • The American people and political candidates are promptly informed about the targeting of our political processes by foreign malign actors, and that the public is provided regular periodic updates about such efforts leading up to the general election.
    • Members of Congress and congressional staff are appropriately and adequately briefed on continued findings and analysis involving election related foreign disinformation campaigns and the work of each agency and department to combat these campaigns.
    • Findings and analysis involving election related foreign disinformation campaigns are shared with civil society organizations and independent researchers to the maximum extent which is appropriate and permissible.
    • Secretary Esper and Director Ratcliffe implement a social media information sharing and analysis center (ISAC) to detect and counter information warfare campaigns across social media platforms as authorized by section 5323 of the Fiscal Year 2020 National Defense Authorization Act.
    • Director Ratcliffe implement the Foreign Malign Influence Response Center to coordinate a whole of government approach to combatting foreign malign influence campaigns as authorized by section 5322 of the Fiscal Year 2020 National Defense Authorization Act.
  • The Information Technology and Innovation Foundation (ITIF) unveiled an issue brief “Why New Calls to Subvert Commercial Encryption Are Unjustified” arguing “that government efforts to subvert encryption would negatively impact individuals and businesses.” ITIF offered these “key takeaways:”
    • Encryption gives individuals and organizations the means to protect the confidentiality of their data, but it has interfered with law enforcement’s ability to prevent and investigate crimes and foreign threats.
    • Technological advances have long frustrated some in the law enforcement community, giving rise to multiple efforts to subvert commercial use of encryption, from the Clipper Chip in the 1990s to the San Bernardino case two decades later.
    • Having failed in these prior attempts to circumvent encryption, some law enforcement officials are now calling on Congress to invoke a “nuclear option”: legislation banning “warrant-proof” encryption.
    • This represents an extreme and unjustified measure that would do little to take encryption out of the hands of bad actors, but it would make commercial products less secure for ordinary consumers and businesses and damage U.S. competitiveness.
  • The White House released an executive order in which President Donald Trump determined “that the Special Administrative Region of Hong Kong (Hong Kong) is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China) under the particular United States laws and provisions thereof set out in this order.” Trump further determined “the situation with respect to Hong Kong, including recent actions taken by the PRC to fundamentally undermine Hong Kong’s autonomy, constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States…[and] I hereby declare a national emergency with respect to that threat.” The executive order would continue the Administration’s process of changing policy to ensure Hong Kong is treated the same as the PRC.
  • President Donald Trump also signed a bill passed in response to the People’s Republic of China (PRC) passing legislation the United States and other claim will strip Hong Kong of the protections the PRC agreed to maintain for 50 years after the United Kingdom (UK) handed over the city. The “Hong Kong Autonomy Act” “requires the imposition of sanctions on Chinese individuals and banks who are included in an annual State Department list found to be subverting Hong Kong’s autonomy” according to the bill’s sponsor Representative Brad Sherman (D-CA).
  • Representative Stephen Lynch, who chairs House Oversight and Reform Committee’s National Security Subcommittee, sent letters to Apple and Google “after the Office of the Director of National Intelligence (ODNI) and the Federal Bureau of Investigation (FBI) confirmed that mobile applications developed, operated, or owned by foreign entities, including China and Russia, could potentially pose a national security risk to American citizens and the United States” according to his press release. He noted in letters sent by the technology companies to the Subcommittee that:
    • Apple confirmed that it does not require developers to submit “information on where user data (if any such data is collected by the developer’s app) will be housed” and that it “does not decide what user data a third-party app can access, the user does.”
    • Google stated that it does “not require developers to provide the countries in which their mobile applications will house user data” and acknowledged that “some developers, especially those with a global user base, may store data in multiple countries.”
    • Lynch is seeking “commitments from Apple and Google to require information from application developers about where user data is stored, and to make users aware of that information prior to downloading the application on their mobile devices.”
  • Minnesota Attorney General Keith Ellison announced a settlement with Frontier Communications that “concludes the three major investigations and lawsuits that the Attorney General’s office launched into Minnesota’s major telecoms providers for deceptive, misleading, and fraudulent practices.” The Office of the Attorney General (OAG) stated
    • Based on its investigation, the Attorney General’s Office alleged that Frontier used a variety of deceptive and misleading practices to overcharge its customers, such as: billing customers more than they were quoted by Frontier’s agents; failing to disclose fees and surcharges in its sales presentations and advertising materials; and billing customers for services that were not delivered.
    • The OAG “also alleged that Frontier sold Minnesotans expensive internet services with so-called “maximum speed” ratings that were not attainable, and that Frontier improperly advertised its service as “reliable,” when in fact it did not provide enough bandwidth for customers to consistently receive their expected service.”
  • The European Data Protection Board (EDPB) issued guidelines “on the criteria of the Right to be Forgotten in the search engines cases under the GDPR” that “focuses solely on processing by search engine providers and delisting requests  submitted by data subjects” even Article 17 of the General Data Protection Regulation applies to all data controllers. The EDPB explained “This paper is divided into two topics:
    • The first topic concerns the grounds a data subject can rely on for a delisting request sent to a search engine provider pursuant to Article 17.1 GDPR.
    • The second topic concerns the exceptions to the Right to request delisting according to Article 17.3 GDPR.
  • The Australian Competition & Consumer Commission (ACCC) “is seeking views on draft Rules and accompanying draft Privacy Impact Assessment that authorise third parties who are accredited at the ‘unrestricted’ level to collect Consumer Data Right (CDR) data on behalf of another accredited person.” The ACCC explained “[t]his will allow accredited persons to utilise other accredited parties to collect CDR data and provide other services that facilitate the provision of goods and services to consumers.” In a March explanatory statement, the ACCC stated “[t]he CDR is an economy-wide reform that will apply sector-by-sector, starting with the banking sector…[and] [t]he objective of the CDR is to provide individual and business consumers (consumers) with the ability to efficiently and conveniently access specified data held about them by businesses (data holders), and to authorise the secure disclosure of that data to third parties (accredited data recipients) or to themselves.” The ACCC noted “[t]he CDR is regulated by both the ACCC and the Office of the Australian Information Commissioner (OAIC) as it concerns both competition and consumer matters as well as the privacy and confidentiality of consumer data.” Input is due by 20 July.
  • Office of the Inspector General (OIG) for the Department of the Interior (Interior) found that even though the agency spends $1.4 billion annually on cybersecurity “[g]uarding against increasing cybersecurity threats” remains one of Interior’s top challenges. The OIG asserted Interior “continues to struggle to implement an enterprise information technology (IT) security program that balances compliance, cost, and risk while enabling bureaus to meet their diverse missions.”
  • In a summary of its larger investigation into “Security over Information Technology Peripheral Devices at Select Office of Science Locations,” the Department of Energy’s Office of the Inspector General (OIG) that “identified weaknesses related to access controls and configuration settings” for peripheral devices (e.g. thumb drives, printers, scanners and other connected devices)  “similar in type to those identified in prior evaluations of the Department’s unclassified cybersecurity program.”
  • The House Homeland Security Committee’s Cybersecurity, Infrastructure Protection, and Innovation Subcommittee Ranking Member John Katko (R-NY) “a comprehensive national cybersecurity improvement package” according to his press release, consisting of these bills:
    • The “Cybersecurity and Infrastructure Security Agency Director and Assistant Directors Act:”  This bipartisan measure takes steps to improve guidance and long-term strategic planning by stabilizing the CISA Director and Assistant Directors positions. Specifically, the bill:
      • Creates a 5-year term for the CISA Director, with a limit of 2 terms. The term of office for the current Director begins on date the Director began to serve.
      • Elevates the Director to the equivalent of a Deputy Secretary and Military Service Secretaries.
      • Depoliticizes the Assistant Director positions, appointed by the Secretary of the Department of Homeland Security (DHS), categorizing them as career public servants. 
    • The “Strengthening the Cybersecurity and Infrastructure Security Agency Act of 2020:” This measure mandates a comprehensive review of CISA in an effort to strengthen its operations, improve coordination, and increase oversight of the agency. Specifically, the bill:
      • Requires CISA to review how additional appropriations could be used to support programs for national risk management, federal information systems management, and public-private cybersecurity and integration. It also requires a review of workforce structure and current facilities and projected needs. 
      • Mandates that CISA provides a report to the House and Senate Homeland Committees within 1-year of enactment. CISA must also provide a report and recommendations to GSA on facility needs. 
      • Requires GSA to provide a review to the Administration and House and Senate Committees on CISA facilities needs within 30-days of Congressional report. 
    • The “CISA Public-Private Talent Exchange Act:” This bill requires CISA to create a public-private workforce program to facilitate the exchange of ideas, strategies, and concepts between federal and private sector cybersecurity professionals. Specifically, the bill:
      • Establishes a public-private cyber exchange program allowing government and industry professionals to work in one another’s field.
      • Expands existing private outreach and partnership efforts. 
  • The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) is ordering United States federal civilian agencies “to apply the July 2020 Security Update for Windows Servers running DNS (CVE-2020-1350), or the temporary registry-based workaround if patching is not possible within 24 hours.” CISA stated “[t]he software update addresses a significant vulnerability where a remote attacker could exploit it to take control of an affected system and run arbitrary code in the context of the Local System Account.” CISA Director Christopher Krebs explained “due to the wide prevalence of Windows Server in civilian Executive Branch agencies, I’ve determined that immediate action is necessary, and federal departments and agencies need to take this remote code execution vulnerability in Windows Server’s Domain Name System (DNS) particularly seriously.”
  • The United States (US) Department of State has imposed “visa restrictions on certain employees of Chinese technology companies that provide material support to regimes engaging in human rights abuses globally” that is aimed at Huawei. In its statement, the Department stated “Companies impacted by today’s action include Huawei, an arm of the Chinese Communist Party’s (CCP) surveillance state that censors political dissidents and enables mass internment camps in Xinjiang and the indentured servitude of its population shipped all over China.” The Department claimed “[c]ertain Huawei employees provide material support to the CCP regime that commits human rights abuses.”
  • Earlier in the month, the US Departments of State, Treasury, Commerce, and of Homeland Security issued an “advisory to highlight the harsh repression in Xinjiang.” The agencies explained
    • Businesses, individuals, and other persons, including but not limited to academic institutions, research service providers, and investors (hereafter “businesses and individuals”), that choose to operate in Xinjiang or engage with entities that use labor from Xinjiang elsewhere in China should be aware of reputational, economic, and, in certain instances, legal, risks associated with certain types of involvement with entities that engage in human rights abuses, which could include Withhold Release Orders (WROs), civil or criminal investigations, and export controls.
  • The United Kingdom’s National Cyber Security Centre (NCSC), Canada’s Communications  Security Establishment (CSE), United States’ National Security Agency (NSA) and the United States’ Department of Homeland Security’s Cybersecurity and Infrastructure Security  Agency (CISA) issued a joint advisory on a Russian hacking organization’s efforts have “targeted various organisations involved in COVID-19 vaccine development in Canada, the United States and the United Kingdom, highly likely with the intention of stealing information and intellectual property relating to the development and testing of COVID-19 vaccines.” The agencies named APT29 (also known as ‘the Dukes’ or ‘Cozy Bear’), “a cyber espionage group, almost certainly part of the Russian intelligence services,” as the culprit behind “custom malware known as ‘WellMess’ and ‘WellMail.’”
    • This alert follows May advisories issued by Australia, the US, and the UK on hacking threats related to the pandemic. Australia’s Department of Foreign Affairs and Trade (DFAT) and the Australian Cyber Security Centre (ACSC) issued “Advisory 2020-009: Advanced Persistent Threat (APT) actors targeting Australian health sector organisations and COVID-19 essential services” that asserted “APT groups may be seeking information and intellectual property relating to vaccine development, treatments, research and responses to the outbreak as this information is now of higher value and priority globally.” CISA and NCSC issued a joint advisory for the healthcare sector, especially companies and entities engaged in fighting COVID-19. The agencies stated that they have evidence that Advanced Persistent Threat (APT) groups “are exploiting the COVID-19 pandemic as part of their cyber operations.” In an unclassified public service announcement, the Federal Bureau of Investigation (FBI) and CISA named the People’s Republic of China as a nation waging a cyber campaign against U.S. COVID-19 researchers. The agencies stated they “are issuing this announcement to raise awareness of the threat to COVID-19-related research.”
  • The National Initiative for Cybersecurity Education (NICE) has released a draft National Institute of Standards and Technology (NIST) Special Publication (SP) for comment due by 28 August. Draft NIST Special Publication (SP) 800-181 Revision 1, Workforce Framework for Cybersecurity (NICE Framework) that features several updates, including:
    • an updated title to be more inclusive of the variety of workers who perform cybersecurity work,
    • definition and normalization of key terms,
    • principles that facilitate agility, flexibility, interoperability, and modularity,
    • introduction of competencies,
  • Representatives Glenn Thompson (R-PA), Collin Peterson (D-MN), and James Comer (R-KY) sent a letter to Federal Communications Commission (FCC) “questioning the Commission’s April 20, 2020 Order granting Ligado’s application to deploy a terrestrial nationwide network to provide 5G services.”
  • The European Commission (EC) is asking for feedback on part of its recently released data strategy by 31 July. The EC stated it is aiming “to create a single market for data, where data from public bodies, business and citizens can be used safely and fairly for the common good…[and] [t]his initiative will draw up rules for common European data spaces (covering areas like the environment, energy and agriculture) to:
    • make better use of publicly held data for research for the common good
    • support voluntary data sharing by individuals
    • set up structures to enable key organisations to share data.
  • The United Kingdom’s Parliament is asking for feedback on its legislative proposal to regulate Internet of Things (IoT) devices. The Department for Digital, Culture, Media & Sport explained “the obligations within the government’s proposed legislative framework would fall mainly on the manufacturer if they are based in the UK, or if not based in the UK, on their UK representative.” The Department is also “developing an enforcement approach with relevant stakeholders to identify an appropriate enforcement body to be granted day to day responsibility and operational control of monitoring compliance with the legislation.” The Department also touted the publishing of the European Telecommunications Standards Institute’s (ETSI) “security baseline for Internet-connected consumer devices and provides a basis for future Internet of Things product certification schemes.”
  • Facebook issued a white paper, titled “CHARTING A WAY FORWARD: Communicating Towards People-Centered and Accountable Design About Privacy,” in which the company states its desire to be involved in shaping a United States privacy law (See below for an article on this). Facebook concluded:
    • Facebook recognizes the responsibility we have to make sure that people are informed about the data that we collect, use, and share.
    • That’s why we support globally consistent comprehensive privacy laws and regulations that, among other things, establish people’s basic rights to be informed about how their information is collected, used, and shared, and impose obligations for organizations to do the same, including the obligation to build internal processes that maintain accountability.
    • As improvements to technology challenge historic approaches to effective communications with people about privacy, companies and regulators need to keep up with changing times.
    • To serve the needs of a global community, on both the platforms that exist now and those that are yet to be developed, we want to work with regulators, companies, and other interested third parties to develop new ways of informing people about their data, empowering them to make meaningful choices, and holding ourselves accountable.
    • While we don’t have all the answers, there are many opportunities for businesses and regulators to embrace modern design methods, new opportunities for better collaboration, and innovative ways to hold organizations accountable.
  • Four Democratic Senators sent Facebook a letter “about reports that Facebook has created fact-checking exemptions for people and organizations who spread disinformation about the climate crisis on its social media platform” following a New York Times article this week on the social media’s practices regarding climate disinformation. Even though the social media giant has moved aggressively to take down false and inaccurate COVID-19 posts, climate disinformation lives on the social media platform largely unmolested for a couple of reasons. First, Facebook marks these sorts of posts as opinion and take the approach that opinions should be judged under an absolutist free speech regime. Moreover, Facebook asserts posts of this sort do not pose any imminent harm and therefore do not need to be taken down. Despite having teams of fact checkers to vet posts of demonstrably untrue information, Facebook chooses not to, most likely because material that elicits strong reactions from users drive engagement that, in turn, drives advertising dollars. Senators Elizabeth Warren (D-WA), Tom Carper (D-DE), Sheldon Whitehouse (D-R.I.) and Brian Schatz (D-HI) argued “[i]f Facebook is truly “committed to fighting the spread of false news on Facebook and Instagram,” the company must immediately acknowledge in its fact-checking process that the climate crisis is not a matter of opinion and act to close loopholes that allow climate disinformation to spread on its platform.” They posed a series of questions to Facebook CEO Mark Zuckerberg on these practices, requesting answers by 31 July.
  • A Canadian court has found that the Canadian Security Intelligence Service (CSIS) “admittedly collected information in a manner that is contrary to this foundational commitment and then relied on that information in applying for warrants under the Canadian Security Intelligence Service Act, RSC 1985, c C-23 [CSIS Act]” according to a court summary of its redacted decision. The court further stated “[t]he Service and the Attorney General also admittedly failed to disclose to the Court the Service’s reliance on information that was likely collected unlawfully when seeking warrants, thereby breaching the duty of candour owed to the Court.” The court added “[t]his is not the first time this Court has been faced with a breach of candour involving the Service…[and] [t]he events underpinning this most recent breach were unfolding as recommendations were being implemented by the Service and the Attorney General to address previously identified candour concerns.” CSIS was found to have illegally collected and used metadata in a 2016 case ion its conduct between 2006-2016. In response to the most recent ruling, CSIS is vowing to implement a range of reforms. The National Security and Intelligence Review Agency (NSIRA) is pledging the same.
  • The United Kingdom’s National Police Chiefs’ Council (NPCC) announced the withdrawal of “[t]he ‘Digital device extraction – information for complainants and witnesses’ form and ‘Digital Processing Notice’ (‘the relevant forms’) circulated to forces in February 2019 [that] are not sufficient for their intended purpose.” In mid-June, the UK’s data protection authority, the Information Commissioner’s Office (ICO) unveiled its “finding that police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law.” This withdrawal was also due, in part, to a late June Court of Appeal decision.  
  • A range of public interest and advocacy organizations sent a letter to Speaker of the House Nancy Pelosi (D-CA) and House Minority Leader Kevin McCarthy (R-CA) noting “there are intense efforts underway to do exactly that, via current language in the House and Senate versions of the FY2021 National Defense Authorization Act (NDAA) that ultimately seek to reverse the FCC’s recent bipartisan and unanimous approval of Ligado Networks’ regulatory plans.” They urged them “not endorse efforts by the Department of Defense and its allies to veto commercial spectrum authorizations…[and][t]he FCC has proven itself to be the expert agency on resolving spectrum disputes based on science and engineering and should be allowed to do the job Congress authorized it to do.” In late April, the FCC’s “decision authorize[d] Ligado to deploy a low-power terrestrial nationwide network in the 1526-1536 MHz, 1627.5-1637.5 MHz, and 1646.5-1656.5 MHz bands that will primarily support Internet of Things (IoT) services.” The agency argued the order “provides regulatory certainty to Ligado, ensures adjacent band operations, including Global Positioning System (GPS), are sufficiently protected from harmful interference, and promotes more efficient and effective use of [the U.S.’s] spectrum resources by making available additional spectrum for advanced wireless services, including 5G.”
  • The European Data Protection Supervisor (EDPS) rendered his opinion on the European Commission’s White Paper on Artificial Intelligence: a European approach to excellence and trust and recommended the following for the European Union’s (EU) regulation of artificial intelligence (AI):
    • applies both to EU Member States and to EU institutions, offices, bodies and agencies;
    • is designed to protect from any negative impact, not only on individuals, but also on communities and society as a whole;
    • proposes a more robust and nuanced risk classification scheme, ensuring any significant potential harm posed by AI applications is matched by appropriate mitigating measures;
    • includes an impact assessment clearly defining the regulatory gaps that it intends to fill.
    • avoids overlap of different supervisory authorities and includes a cooperation mechanism.
    • Regarding remote biometric identification, the EDPS supports the idea of a moratorium on the deployment, in the EU, of automated recognition in public spaces of human features, not only of faces but also of gait, fingerprints, DNA, voice, keystrokes and other biometric or behavioural signals, so that an informed and democratic debate can take place and until the moment when the EU and Member States have all the appropriate safeguards, including a comprehensive legal framework in place to guarantee the proportionality of the respective technologies and systems for the specific use case.
  • The Bundesamt für Verfassungsschutz (BfV), Germany’s domestic security agency, released a summary of its annual report in which it claimed:
    • The Russian Federation, the People’s Republic of China, the Islamic Republic of Iran and the Republic of Turkey remain the main countries engaged in espionage activities and trying to exert influence on Germany.
    • The ongoing digital transformation and the increasingly networked nature of our society increases the potential for cyber attacks, worsening the threat of cyber espionage and cyber sabotage.
    • The intelligence services of the Russian Federation and the People’s Republic of China in particular carry out cyber espionage activities against German agencies. One of their tasks is to boost their own economies with the help of information gathered by the intelligence services. This type of information-gathering campaign severely threatens the success and development opportunities of German companies.
    • To counteract this threat, Germany has a comprehensive cyber security architecture in place, which is operated by a number of different authorities. The BfV plays a major role in investigating and defending against cyber threats by detecting attacks, attributing them to specific attackers, and using the knowledge gained from this to draw up prevention strategies. The National Cyber Response Centre, in which the BfV plays a key role, was set up to consolidate the co-operation between the competent agencies. The National Cyber Response Centre aims to optimise the exchange of information between state agencies and to improve the co-ordination of protective and defensive measures against potential IT incidents.

Further Reading

  • Trump confirms cyberattack on Russian trolls to deter them during 2018 midterms” – The Washington Post. In an interview with former George W. Bush speechwriter Marc Thiessen, President Donald Trump confirmed he ordered a widely reported retaliatory attack on the Russian Federation’s Internet Research Agency as a means of preventing interference during the 2018 mid-term election. Trump claimed this attack he ordered was the first action the United States took against Russian hacking even though his predecessor warned Russian President Vladimir Putin to stop such activities and imposed sanctions at the end of 2016. The timing of Trump’s revelation is interesting given the ongoing furor over reports of Russian bounties paid to Taliban fighters for killing Americans the Trump Administration may have known of but did little or nothing to stop.
  • Germany proposes first-ever use of EU cyber sanctions over Russia hacking” – Deutsche Welle. Germany is looking to use the European Union’s (EU) cyber sanctions powers against Russia for its alleged 2015 16 GB exfiltration of data from the Bundestag’s systems, including from Chancellor Angela Merkel’s office. Germany has been alleging that Fancy Bear (aka APT28) and Russia’s military secret service GRU carried out the attack. Germany has circulated its case for sanctions to other EU nations and EU leadership. In 2017, the European Council declared “[t]he EU diplomatic response to malicious cyber activities will make full use of measures within the Common Foreign and Security Policy, including, if necessary, restrictive measures…[and] [a] joint EU response to malicious cyber activities would be proportionate to the scope, scale, duration, intensity, complexity, sophistication and impact of the cyber activity.”
  • Wyden Plans Law to Stop Cops From Buying Data That Would Need a Warrant” – VICE. Following on a number of reports that federal, state, and local law enforcement agencies are essentially sidestepping the Fourth Amendment through buying location and other data from people’s smartphones, Senator Ron Wyden (D-OR) is going to draft legislation that would seemingly close what he, and other civil libertarians, are calling a loophole to the warrant requirement.
  • Amazon Backtracks From Demand That Employees Delete TikTok” – The New York Times. Amazon first instructed its employees to remove ByteDance’s app, TikTok, on 11 July from company devices and then reversed course the same day, claiming the email had been erroneously sent out. The strange episode capped another tumultuous week for ByteDance as the Trump Administration is intensifying pressure in a number of ways on the company which officials claim is subject to the laws of the People’s Republic of China and hence must share information with the government in Beijing. ByteDance counters the app marketed in the United States is through a subsidiary not subject to PRC law. ByteDance also said it would no longer offer the app in Hong Kong after the PRC change in law has extended the PRC’s reach into the former British colony. TikTok was also recently banned in India as part of a larger struggle between India and he PRC. Additionally, the Democratic National Committee warned staff about using the app this week, too.
  • Is it time to delete TikTok? A guide to the rumors and the real privacy risks.” – The Washington Post. A columnist and security specialist found ByteDance’s app vacuums up information from users, but so does Facebook and other similar apps. They scrutinized TikTok’s privacy policy and where the data went, and they could not say with certainty that it goes to and stays on servers in the US and Singapore. 
  • California investigating Google for potential antitrust violations” – Politico. California Attorney General Xavier Becerra is going to conduct his own investigation of Google aside and apart from the investigation of the company’s advertising practices being conducted by virtually every other state in the United States. It was unclear why Becerra opted against joining the larger probe launched in September 2019. Of course, the Trump Administration’s Department of Justice is also investigating Google and could file suit as early as this month.
  • How May Google Fight an Antitrust Case? Look at This Little-Noticed Paper” – The New York Times. In a filing with the Australian Competition and Consumer Commission (ACCC), Google claimed it does not control the online advertising market and it is borne out by a number of indicia that argue against a monopolistic situation. The company is likely to make the same case to the United States’ government in its antitrust inquiry. However, similar arguments did not gain tractions before the European Commission, which levied a €1.49 billion for “breaching EU antitrust rules” in March 2019.
  •  “Who Gets the Banhammer Now?” – The New York Times. This article examines possible motives for the recent wave of action by social media platforms to police a fraction of the extreme and hateful speech activists and others have been asking them to take down for years. This piece makes the argument that social media platforms are businesses and operate as such and expecting them to behave as de facto public squares dedicated to civil political and societal discourse is more or less how we ended up where we are.
  • TikTok goes tit-for-tat in appeal to MPs: ‘stop political football’ – The Australian. ByteDance is lobbying hard in Canberra to talk Ministers of Parliament out of possibly banning TikTok like the United States has said it is considering. While ByteDance claims the data collected on users in Australia is sent to the US or Singapore, some experts are arguing just to maintain and improve the app would necessarily result in some non-People’s Republic of China (PRC) user data making its way back to the PRC. As Australia’s relationship with the PRC has grown more fraught with allegations PRC hackers infiltrated Parliament and the Prime Minister all but saying PRC hackers were targeting hospitals and medical facilities, the government in Canberra could follow India’s lead and ban the app.
  • Calls for inquiry over claims Catalan lawmaker’s phone was targeted” – The Guardian. British and Spanish newspapers are reporting that an official in Catalonia who favors separating the region from Spain may have had his smartphone compromised with industrial grade spyware typically used only by law enforcement and counterterrorism agencies. The President of the Parliament of Catalonia Roger Torrent claims his phone was hacked for domestic political purposes, which other Catalan leaders argued, too. A spokesperson for the Spanish government said “[t]he government has no evidence that the speaker of the Catalan parliament has been the victim of a hack or theft involving his mobile.” However, the University of Toronto’s CitizenLab, the entity that researched and claimed that Israeli firm NSO Group’s spyware was deployed via WhatsApp to spy on a range of journalists, officials, and dissidents, often by their own governments, confirmed that Torrent’s phone was compromised.
  • While America Looks Away, Autocrats Crack Down on Digital News Sites” – The New York Times. The Trump Administration’s combative relationship with the media in the United States may be encouraging other nations to crack down on digital media outlets trying to hold those governments to account.
  •  “How Facebook Handles Climate Disinformation” – The New York Times. Even though the social media giant has moved aggressively to take down false and inaccurate COVID-19 posts, climate disinformation lives on the social media platform largely unmolested for a couple of reasons. First, Facebook marks these sorts of posts as opinion and take the approach that opinions should be judged under an absolutist free speech regime. Moreover, Facebook asserts posts of this sort do not pose any imminent harm and therefore do not need to be taken down. Despite having teams of fact checkers to vet posts of demonstrably untrue information, Facebook chooses not to, most likely because material that elicits strong reactions from users drive engagement that, in turn, drives advertising dollars.
  • Here’s how President Trump could go after TikTok” – The Washington Post. This piece lays out two means the Trump Administration could employ to press ByteDance in the immediate future: use of the May 2019 Executive Order “Securing the Information and Communications Technology and Services Supply Chain” or the Committee on Foreign Investment in the United States process examining ByteDance of the app Music.ly that became TikTok. Left unmentioned in this article is the possibility of the Federal Trade Commission (FTC) examining its 2019 settlement with ByteDance to settle violations of the “Children’s Online Privacy Protection Act” (COPPA).
  • You’re Doomscrolling Again. Here’s How to Snap Out of It.” – The New York Times. If you find yourself endlessly looking through social media feeds, this piece explains why and how you might stop doing so.
  • UK selling spyware and wiretaps to 17 repressive regimes including Saudi Arabia and China” – The Independent. There are allegations that the British government has ignored its own regulations on selling equipment and systems that can be used for surveillance and spying to other governments with spotty human rights records. Specifically, the United Kingdom (UK) has sold £75m to countries non-governmental organizations (NGO) are rated as “not free.” The claims include nations such as the People’s Republic of China (PRC), the Kingdom of Saudi Arabia, Bahrain, and others. Not surprisingly, NGOs and the minority Labour party are calling for an investigation and changes.
  • Google sued for allegedly tracking users in apps even after opting out” – c/net. Boies Schiller Flexner filed suit in what will undoubtedly seek to become a class action suit over Google’s alleged continuing to track users even when they turned off tracking features. This follows a suit filed by the same firm against Google in June, claiming its browser Chrome still tracks people when they switch to incognito mode.
  • Secret Trump order gives CIA more powers to launch cyberattacks” – Yahoo! News. It turns out that in addition to signing National Security Presidential Memorandum (NSPM) 13 that revamped and eased offensive cyber operations for the Department of Defense, President Donald Trump signed a presidential finding that has allowed the Central Intelligence Agency (CIA) to launch its own offensive cyber attacks, mainly at Russia and Iran, according to unnamed former United States (US) officials according to this blockbuster story. Now, the decision to commence with an attack is not vetted by the National Security Council; rather, the CIA makes the decision. Consequently, there have been a number of attacks on US adversaries that until now have not been associated with the US. And, the CIA is apparently not informing the National Security Agency or Cyber Command of its operations, raising the risk of US cyber forces working at cross purposes or against one another in cyberspace. Moreover, a recently released report blamed the lax security environment at the CIA for a massive exfiltration of hacking tools released by Wikileaks. 
  • Facebook’s plan for privacy laws? ‘Co-creating’ them with Congress” – Protocol. In concert with the release of a new white paper, Facebook Deputy Chief Privacy Officer Rob Sherman sat for an interview in which he pledged the company’s willingness to work with Congress to co-develop a national privacy law. However, he would not comment on any of the many privacy bills released thus far or the policy contours of a bill Facebook would favor except for advocating for an enhanced notice and consent regime under which people would be better informed about how their data is being used. Sherman also shrugged off suggestions Facebook may not be welcome given its record of privacy violations. Finally, it bears mention that similar efforts by other companies at the state level have not succeeded as of yet. For example, Microsoft’s efforts in Washington state have not borne fruit in the passage of a privacy law.
  • Deepfake used to attack activist couple shows new disinformation frontier” – Reuters. We are at the beginning of a new age of disinformation in which fake photographs and video will be used to wage campaigns against nations, causes, and people. An activist and his wife were accused of being terrorist sympathizers by a university student who apparently was an elaborate ruse for someone or some group looking to defame the couple. Small errors gave away the ruse this time, but advances in technology are likely to make detection all the harder.
  • Biden, billionaires and corporate accounts targeted in Twitter hack” – The Washington Post. Policymakers and security experts were alarmed when the accounts of major figures like Bill Gates and Barack Obama were hacked yesterday by some group seeking to sell bitcoin. They argue Twitter was lucky this time and a more ideologically motivated enemy may seek to cause havoc, say on the United States’ coming election. A number of experts are claiming the penetration of the platform must have been of internal controls for so many high profile accounts to be taken over at the same time.
  • TikTok Enlists Army of Lobbyists as Suspicions Over China Ties Grow” – The New York Times. ByteDance’s payments for lobbying services in Washington doubled between the last quarter of 2019 and thirst quarter of 2020, as the company has retained more than 35 lobbyists to push back against the Trump Administration’s rhetoric and policy changes. The company is fighting against a floated proposal to ban the TikTok app on national security grounds, which would cut the company off from another of its top markets after India banned it and scores of other apps from the People’s Republic of China. Even if the Administration does not bar use of the app in the United States, the company is facing legislation that would ban its use on federal networks and devices that will be acted upon next week by a Senate committee. Moreover, ByteDance’s acquisition of the app that became TikTok is facing a retrospective review of an inter-agency committee for national security considerations that could result in an unwinding of the deal. Moreover, the Federal Trade Commission (FTC) has been urged to review ByteDance’s compliance with a 2019 settlement that the company violated regulations protecting the privacy of children that could result in multi-billion dollar liability if wrongdoing is found.
  • Why Google and Facebook Are Racing to Invest in India” – Foreign Policy. With New Delhi banning 59 apps and platforms from the People’s Republic of China (PRC), two American firms have invested in an Indian giant with an eye toward the nearly 500 million Indians not yet online. Reliance Industries’ Jio Platforms have sold stakes to Google and Facebook worth $4.5 billion and $5.7 billion that gives them prized positions as the company looks to expand into 5G and other online ventures. This will undoubtedly give a leg up to the United States’ online giants in vying with competitors to the world’s second most populous nation.
  • “Outright Lies”: Voting Misinformation Flourishes on Facebook” – ProPublica. In this piece published with First Draft, “a global nonprofit that researches misinformation,” an analysis of the most popular claims made about mail voting show that many of them are inaccurate or false, thus violating the platforms terms of services yet Facebook has done nothing to remove them or mark them as inaccurate until this article was being written.
  • Inside America’s Secretive $2 Billion Research Hub” – Forbes. Using contract information obtained through Freedom of Information requests and interviews, light is shined on the little known non-profit MITRE Corporation that has been helping the United States government address numerous technological problems since the late 1950’s. The article uncovers some of its latest, federally funded projects that are raising eyebrows among privacy advocates: technology to life people’s fingerprints from social media pictures, technology to scan and copy Internet of Things (IoT) devices from a distance, a scanner to read a person’s DNA, and others.
  • The FBI Is Secretly Using A $2 Billion Travel Company As A Global Surveillance Tool” – Forbes. In his second blockbuster article in a week, Forbes reporter Thomas Brewster exposes how the United States (US) government is using questionable court orders to gather travel information from the three companies that essentially provide airlines, hotels, and other travel entities with back-end functions with respect to reservations and bookings. The three companies, one of whom, Sabre is a US multinational, have masses of information on you if you have ever traveled, and US law enforcement agencies, namely the Federal Bureau of Investigation, is using a 1789 statute to obtain orders all three companies have to obey for information in tracking suspects. Allegedly, this capability has only been used to track terror suspects but will now reportedly be used for COVID-19 tracking.
  • With Trump CIA directive, the cyber offense pendulum swings too far” – Yahoo! News. Former United States (US) National Coordinator for Security, Infrastructure Protection, and Counter-terrorism Richard Clarke argues against the Central Intelligence Agency (CIA) having carte blanche in conducting cyber operations without the review or input of other federal agencies. He suggests that the CIA in particular, and agencies in general, tend to push their authority to the extreme, which in this case could lead to incidents and lasting precedents in cyberspace that may haunt the US. Clarke also intimated that it may have been the CIA and not Israel that launched cyber attacks on infrastructure facilities in Tehran this month and last.

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