Obama Administration Looking To Expand Definition Of 'Critical Infrastructure' To Hit Back At Russians

from the oh-really-now? dept

Thu, Dec 29th 2016 3:59am — Mike Masnick

One of the ridiculous parts of all of the discussions around "cybersecurity" concerns what should be considered "critical infrastructure." That's because, thanks to various executive orders, what the President declares as "critical infrastructure" leads to different cybersecurity requirements. There have been concerns that this will result in broadly classifying the internet as "critical infrastructure" in a manner that will lead to easier surveillance. But, as we noted nearly a decade ago, broadly classifying the internet as critical infrastructure would be silly, when the use of that designation should be narrowly focused on things like voting and banking (not to mention things like energy grids and water supplies).

Apparently, however, as the Obama administration is looking to respond to what it believes was Russian "interference" in the 2016 Presidential election, it is realizing that none of it targeted "critical infrastructure." And thus... it now wants to change the definition of what's covered. That should be concerning.

First off, at this point we should make a quick aside that there remains zero evidence released publicly that there was any actual hacking of our voting systems. None. Zip. Zero. And basically everything claiming otherwise has been partisan hackery. Before the election Trump supporters were going on and on about how voting machines could be hacked -- but have been mostly silent since the election. Instead, since the election ended, it's been Clinton supporters insisting that Russian hackers tampered with voting machines. For a decade and a half we've been warning about bad e-voting machines and how insecure they are, but so far no one has presented anything in the way of proof that electronic voting machines were hacked. Actual voting infrastructure is pretty clearly "critical infrastructure." But what about other things -- like the emails of top party leaders? Well, that's what the administration now seems to want to change into "critical infrastructure."

This is from a Washington Post article on the expected response by the White House against Russia:

The sanctions portion of the package culminates weeks of debate in the White House on how to revise a 2015 executive order that was meant to give the president authority to respond to cyberattacks from overseas but that did not cover efforts to influence the electoral system.

[....]

But officials concluded this fall that the order could not, as written, be used to punish the most significant cyber-provocation in recent memory against the United States — Russia’s hacking of Democratic organizations, targeting of state election systems and meddling in the presidential election.

With the clock ticking, the White House is working on adapting the authority to punish the Russians, according to the officials, who spoke on the condition of anonymity to discuss internal deliberations. President Obama pledged this month that there would be a response to Moscow’s interference in the U.S. elections.

The targeting of "state election systems" definitely seems a bit more like it should obviously be considered "critical infrastructure" -- though those attacks on state systems were not targeted at the actual voting infrastructure, but computer systems that contained information about voters and such. But it seems a lot more questionable to argue that political parties' computer systems should automatically be seen as "critical infrastructure." That seems to be heading down the slippery slope of declaring certain individuals email accounts critical infrastructure, and lots of mischief could be associated with such a designation.

As the article notes, even though it's believed by many that Russian hackers got into election systems, it doesn't appear they did anything in those systems, so it's tough to show that there was actual harm:

“You would (a) have to be able to say that the actual electoral infrastructure, such as state databases, was critical infrastructure, and (b) that what the Russians did actually harmed it,” said the administration official. “Those are two high bars.”

Although Russian government hackers are believed to have penetrated at least one state voter-registration database, they did not tamper with the data, officials said.

It definitely seems that voting systems should be seen as critical infrastructure, but given how declarations of critical infrastructure come with some pretty hefty requirements -- and opening up the possibility of greater surveillance -- the administration should be pretty careful about expanding the list as a reactionary move to the last election.

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Filed Under: critical infrastructure, cybersecurity, e-voting, hacking, obama administration, retaliation, russia, voting, voting systems, white house

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preponk, 29 Dec 2016 @ 4:18am

hillarys email problem
This smells like hillarys email problem is going away with a hand wave from the outgoing president. More rorting the system and making friends unaccountable for their actions again. thus preponk
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- Tin-Foil-Hat, 29 Dec 2016 @ 5:37am
  
  Re: hillarys email problem
  I'm sure the next president will do the same. I'm not under any illusions anything will change. Fool me once ...
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- Anonymous Coward, 29 Dec 2016 @ 6:11am
  
  Re: hillarys email problem
  If your hardon for Hillary lasts more than two election cycles, then perhaps it's time to call your doctor.
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  - Anonymous Coward, 29 Dec 2016 @ 6:37am
    
    Re: Re: hillarys email problem
    > If your hardon for Hillary...
    
    Ewww...
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- Anonymous Coward, 29 Dec 2016 @ 6:38am
  
  Re: hillarys email problem
  She lost...get over it.
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  - Anonymous Coward, 29 Dec 2016 @ 6:52am
    
    Re: Re: hillarys email problem
    what does wanting Hillary pay for her crimes have to do with her winning or losing the election?
    
    I am happy she lost and STILL would like to see tha skank pay for her flippant abuse of power and generally treating the idiots of America like serfs.
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    - Anonymous Coward, 29 Dec 2016 @ 7:59am
      
      Re: Re: Re: hillarys email problem
      Perhaps we should start with Bush/Cheney
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      - Anonymous Coward, 29 Dec 2016 @ 8:53am
        
        Re: Re: Re: Re: hillarys email problem
        You have no standing, based on your comment you are willing to give Hillary a pass because Bush got away with something. Someone like you should be disregarded.
        
        Hillary broke the law and has been now proven a liar which are facts that are not even being contested now, she is skating because there is a recommendation to NOT DO ANYTHING about it. People have gone to jail for less and you don't seem to care.
        
        I probably hate Bush more than you do but I try to avoid allowing my political pettiness to distract me from the issue at hand. Bush was a disgrace so was Hillary. As long as you are okay with either of them you have no standing to bitch about another.
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        Baron von Robber, 29 Dec 2016 @ 10:08am
        
        Re: Re: Re: Re: Re: hillarys email problem
        KNOCK KNOCK
        
        "Who's there?! Obama to take my guns?!"
        "Valdmir Putin, I'm taking your country."
        "Oh ok.
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        Anonymous Coward, 29 Dec 2016 @ 12:21pm
        
        Re: Re: Re: Re: Re: hillarys email problem
        The issue at hand is Obama, the internet and Russia, not Hillary.
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        Anonymous Coward, 29 Dec 2016 @ 1:10pm
        
        Re: Re: Re: Re: Re: hillarys email problem
        "Someone like you should be disregarded."
        
        pot, kettle
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    - Thad, 29 Dec 2016 @ 9:00am
      
      Re: Re: Re: hillarys email problem
      "Skank"? Classy.
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      - Wendy Cockcroft, 5 Jan 2017 @ 7:32am
        
        Re: Re: Re: Re: hillarys email problem
        When are the Trumpkins going to accept that their Glorious Leader told 60 Minutes that the Clintons are good people and he doesn't want to hurt them?
        
        *Crickets*
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Anonymous Coward, 29 Dec 2016 @ 4:19am

Exposing corruption of the Democratic party should be seen as a good thing
Protecting the parties email systems should be up to the parties themselves. Getting us into a war with a Russia or anyone else over an email server is ridiculous. The Dems lost fair and square and have nobody to blame but themselves. Lashing out at the 11th hour is a dangerous move by Obama. Whoever exposed the corruption did the US a favor.
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- Zach, 29 Dec 2016 @ 4:56am
  
  Re: Exposing corruption of the Democratic party should be seen as a good thing
  I agree!! Dems should accept their defeat! Blaming Russia makes it even more ridiculous!
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- Tin-Foil-Hat, 29 Dec 2016 @ 5:30am
  
  Re: Exposing corruption of the Democratic party should be seen as a good thing
  I wouldn't exactly call our elections fair but it's an issue that started long ago. Even in countries much more corrupt then the US they still call a bribe what it is. Voting machines should have a paper trail and be secure so they don't end up part of a ddos botnet.
  [ link to this | view in chronology ]
  - Anonymous Coward, 29 Dec 2016 @ 6:14am
    
    Re: Re: Exposing corruption of the Democratic party should be seen as a good thing
    Square? .. Yes
    Fair? .. No
    
    Is one party bad while the other one good? .. No
    
    Has anything changed? .. No
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Ninja (profile), 29 Dec 2016 @ 5:26am

Eastasia
Russians are soooo last century. But then again we've always been at war with Eastasia.
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orbitalinsertion (profile), 29 Dec 2016 @ 5:45am

What, are the options for a response too boring if the targets purportedly hacked by purported Russians are not "critical infrastructure"? Smells more like an excuse du jour for expanding the definition for other reasons. And the Obama administration seems like it just wants to make absolutely sure that anyone paying the slightest bit of attention, and who was not already wildly disappointed with it, will be so by the time they pack their desks.
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dwind (profile), 29 Dec 2016 @ 5:54am

Podestas email
100% the fault of his IT staff. He asked for their input on the email, they gave an ambiguous answer rather than an immediate phone call telling him to not touch his computer and they'd be right over.
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Almost Anonymous (profile), 29 Dec 2016 @ 6:04am

Hacking or trolling?
I'm definitely not completely convinced that the Russians "hacked" our election, although there seems to be pretty good evidence that they hacked the DNC (and possibly the RNC) and leaked documents that may have *affected* the election. Also, isn't it a pretty poorly kept secret that the Russians employ a state-sponsored troll army to perform... well, cyber warfare? Social media warfare?

Anyway, I can't help but think the Russians had a nasty little hand, but overall I doubt anything they did made a big difference. Blaming the Russians for Trump's election would be nice, but we're fully capable of screwing our own selves without their help.
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- Anonymous Coward, 29 Dec 2016 @ 6:21am
  
  Re: Hacking or trolling?
  Exactly.
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- Anonymous Coward, 29 Dec 2016 @ 6:42am
  
  Re: Hacking or trolling?
  "Also, isn't it a pretty poorly kept secret that the Russians employ a state-sponsored troll army to perform... well, cyber warfare? Social media warfare?"
  
  So does the US.
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- Michael, 29 Dec 2016 @ 8:43am
  
  Re: Hacking or trolling?
  "although there seems to be pretty good evidence that they hacked the DNC (and possibly the RNC) and leaked documents that may have *affected* the election."
  
  It says something about US politicians when they are claiming the release of FACTUAL INFORMATION about what they have been doing is "hacking the election".
  
  Stop being slimy, underhanded, liars and start representing your people and someone exposing your emails will not be a problem.
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  - Anonymous Coward, 29 Dec 2016 @ 9:04am
    
    Re: Re: Hacking or trolling?
    It says something about US politicians when they are claiming the release of FACTUAL INFORMATION about what they have been doing is "hacking the election".
    
    Makes you wonder why all these republicans are bitching and moaning about bias in media.
    
    I don't remember seeing a corresponding republican email dump.
    
    You know, just to be fair.
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    - Anonymous Coward, 29 Dec 2016 @ 3:39pm
      
      Re: Re: Re: Hacking or trolling?
      I really don't see the media doing anything with Hilary's e-mail other then yet another free pass and trying to get her to win the election.
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      - Anonymous Coward, 30 Dec 2016 @ 5:53am
        
        Re: Re: Re: Re: Hacking or trolling?
        I don't remember seeing a corresponding republican email dump.
        
        Perhaps you should explain what you mean by "free pass."
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      - Baron von Robber, 30 Dec 2016 @ 8:00am
        
        Re: Re: Re: Re: Hacking or trolling?
        The same media that broke the story about her emails? Odd.
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      - Thad, 30 Dec 2016 @ 1:36pm
        
        Re: Re: Re: Re: Hacking or trolling?
        So where'd you hear about the e-mail server?
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Jeremy2020 (profile), 29 Dec 2016 @ 6:09am

They've learned nothing from losing and are going to hand Trump a powerful weapon that he can use against..basically anyone he wants..
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- Anonymous Coward, 29 Dec 2016 @ 6:55am
  
  Re:
  this is my problem with both parties.
  
  Every time they do something that robs more liberty from the people, they keep it in there.
  
  the Dems bitch and moan like girls when a Rep is in power, and the Reps bitch and moan like girls when a Dep is in power.
  
  But when their own is in power... then its just fucking fine and dandy. Anyone voting for an R or D should shut the fuck up because they have ZERO standing to bitch about anything.
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  - Anonymous Coward, 29 Dec 2016 @ 1:11pm
    
    Re: Re:
    There's no reason why a good candidate with an R or a D should disqualify you from being allowed to bitch about the bad ones. I would tend to assign more weight to the bitches a voter has about their own party than those from the other side, as it means that it's bad enough party loyalty is breaking down (Which I somewhat like).
    
    Now, full disclosure: I voted L on the presidential, R on a few local things, and D on a few others, as well as indies for other state/local positions. I picked those who I though would do the job best. I would think I get to bitch, since I took the time to do more than check the box that says I vote the party slate.
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Anonymous Coward, 29 Dec 2016 @ 6:45am

Facebook
Facebook is obviously 'Critical Infrastructure'. Ask any teenager.
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Anonymous Coward, 29 Dec 2016 @ 7:21am

Yay, Russians!
Even if I stipulate to the assertion that the Russians hacked the DNC to reveal embarrassing documents, this is not an attack on our democracy. In the case of the DNC releases, **the info revealed an attack on our democracy by the DNC**, i.e., Wasserman Schultz and company's decision to put Hillary in office regardless of the will of the people. That helped me to make an informed decision not to vote for an anti-democratic candidate. If the "thank you" for the enlightened nature of my decision goes to the Russians, I'm okay with that. Contrary to their expressed opinions, **the DNC are not the government, and hence, a hack of the DNC's systems is not an attack on our government**.

It is total asshattery that anyone from the U.S. government should wag a finger at another nation for cyber attacks on non-government assets given our track-record of hacking real, infrastructural military and industrial assets of foreign governments, e.g., the Iranian uranium-enrichment program.

Finally, repeating over and over again that our intelligence agencies say they have high confidence that the Russians did the deed convinces me of nothing. I'm approaching the point where I might not believe a "convincing" trail of evidence from the intelligence community, but I certainly don't take fuzzy, third-party statements about CIA/NSA confidence as a justification to tie my shoe much less sanction Russia, or as some would have it, rattle sabers.
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- Anonymous Coward, 29 Dec 2016 @ 8:13am
  
  Re: Yay, Russians!
  Believing anything any branch of government says is the very definition of stupidity. Obama & Hillary blamed a YouTube video for the attack on Benghazi. That was debunked within 2 days. Yet 2 weeks afterward Obama repeated the lie in front of the UN, thus embarrassing himself and the entire US.
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  - Anonymous Coward, 29 Dec 2016 @ 3:42pm
    
    Re: Re: Yay, Russians!
    Obama seems to have this love/hate relationship with Terrorists!!!
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Anonymous Coward, 29 Dec 2016 @ 8:12am

My cat's laser pointer toy is 'critical infrastructure'
at least to my cat!

YMMV
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crade (profile), 29 Dec 2016 @ 8:37am

So far voting maching security thinks along the lines:
As long as we make it so bad that they don't keep any evidence to show they have been hacked, there can never be a problem!
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AC, 29 Dec 2016 @ 8:51am

Why isn't anyone concerned with all the OTHER countries who are tampering with the US elections? I mean, technically every single person without citizenship who votes is affecting the results, so shouldn't we be investigating them? Voter ID laws would seem to make sense...

Oh, wait - I forgot, partisanship. If they vote Democrat, it's all good.
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- Anonymous Coward, 29 Dec 2016 @ 8:57am
  
  Re:
  Agree, Obama had 2 whole Administrations to ensure that our Elections are secure and free as possible from outside interference.
  
  It is my opinion that even if it is True that Russia was successful in completely stealing the election for Trump the Democrats completely deserve it.
  
  I want both parties to take this shit seriously and right now... neither of them are paying anything other than political lip service to it all as "The People" just keep voting in the biggest idiot.
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- nasch (profile), 31 Dec 2016 @ 9:19am
  
  Re:
  
  I mean, technically every single person without citizenship who votes is affecting the results, so shouldn't we be investigating them?
  
  Sure, but don't fall for Trump's line about millions of non-citizens voting illegally. That didn't happen.
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  - Anonymous Coward, 31 Dec 2016 @ 7:11pm
    
    Re: Re:
    Yeah, maybe a few thousand here and there, but certainly not millions.
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    - nasch (profile), 31 Dec 2016 @ 8:53pm
      
      Re: Re: Re:
      Since Trump win the electoral college and lost the popular vote by millions, a few thousand votes wouldn't change anything. Though vote fraud is always worth investigating if there's evidence. The only in person vote fraud I've heard of is someone voting for Trump twice.
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Anonymous Coward, 29 Dec 2016 @ 9:23am

IMHO Obama's response has nothing to do with what Russia did or did not do. The donkeys, and some elephants, are concerned that Trump is too friendly with Russia. They are trying to put something in place, that if Trump acts to remove it, will bring more scrutiny on Trump's relationship with Russia. If it damages Trump politically, all the better.
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norahc (profile), 29 Dec 2016 @ 9:58am

critical infrastructure
The only reason people would even consider classifying either political party as critical infrastructure is because it would give the illusion to the American public that the political party is essential to the American government. God forbid people ever realize that political parties come and go, and aren't really essential to governing.
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cromulent (profile), 29 Dec 2016 @ 11:48am

No problem
Couldn't O just give Vlad a nice big box of reset buttons? I hear Hillary won't be needing them.
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Anonymous Coward, 29 Dec 2016 @ 2:43pm

Russian Malicious Cyber Activity document available
GRIZZLY STEPPE - Russian Malicious Cyber Activity. Summary

PDF file

https://www.us-cert.gov/sites/default/files/publications/JAR_16-20296.pdf
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Anonymous Coward, 29 Dec 2016 @ 6:51pm

Proving Trump correct
Trump keeps complaining Obama is figuratively poisoning the well before leaving office to make things difficult for him.
Trump's made no secret that he wants to cosy up with Russia. And here is Obama, damaging Russian relationships practically to the point of severing them entirely.

Really makes you wonder if Trump has a point and if Obama is doing this out of spite.

(And before anyone accuses me of being pro-Trump or anti-Obama or whatever: I'm not even American. I don't care who the US president is. I'm not Russian either for that matter.)
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- Anonymous Coward, 29 Dec 2016 @ 8:41pm
  
  Re: Proving Trump correct
  "I'm not even American. I don't care who the US president is"
  
  The US being the world's most powerful country makes the US President the world's president.
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  - Wendy Cockcroft, 5 Jan 2017 @ 7:36am
    
    Re: Re: Proving Trump correct
    That ship has sailed. I'd say China is in the lead at the moment. Protip: don't send manufacturing and IT jobs to a rival nation, then bitch when they come out on top. That is HOW they come out on top.
    
    The only benefit of the left/right see-saw politics game is to distract us from the fact that this has all been done in the name of the "free market" and "to benefit consumers."
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