![]() ![]() The reticence also isn’t helping the civil liberties community, either, who have challenged the intelligence community’s persistent claims that any reforms to Section 702 that slow down investigators would imperil America’s national security. “On the one hand, you don’t want the very people who pose a threat to understand your capabilities, because they will work around them … On the other hand, you don’t want to be so careful to avoid that risk that you lose the very authority itself.” “I think they’re fighting with one hand behind their back,” said Hickey, now a partner at the law firm Mayer Brown. “While it’s important that we do not risk sources and methods, it is also critical that we explain to the American people what will be lost and how they would be increasingly vulnerable to cybercriminals and foreign governments if this authority were allowed to expire,” the Senate Intelligence chairman wrote.Īdam Hickey, former assistant attorney general of the Justice Department’s national security division, echoed Warner’s concerns. Warner’s office confirmed that the intelligence community has shared examples of the tool’s cyber significance in classified settings but declined to elaborate. “However, I am frustrated that more of these compelling examples have not yet been made public.” Mark Warner, D-Va., told CyberScoop in an email. “Whether it’s helping to identify victims so they can be notified of the attack or helping to identify ransomware actors, 702 has been invaluable over the past several years,” Sen. Even some of the authority’s greatest supporters have expressed frustration. That lack of transparency and specificity doesn’t appear to be helping the Biden administration in what will likely be an uphill battle for Congress to reauthorize the authority before it sunsets in December. In the little over three months that the Biden administration has been publicly advocating for the renewal of Section 702, it hasn’t mentioned a single specific public incident where Section 702 was used, despite a term marked by both ample cyber attacks and well-publicized takedowns of foreign hackers. Yet, 15 years into Section 702’s history, declassified examples of thwarting cyberattacks are sparse. ![]() critical infrastructure, finding out a foreign adversary had hacked sensitive information related to the American military and uncovering a cyberattack against critical federal systems. Officials have made broad and general declarations, pointing to wide-ranging applications that include thwarting multiple ransomware attacks against U.S. ![]() as a key argument in favor of the controversial surveillance tool. Since the Biden administration came out in favor of reauthorizing Section 702 of the Foreign Intelligence Surveillance Act in February, the intelligence community has pointed to the growing threat of foreign cyberattacks on the U.S. ![]()
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