NSA Director: Must Be 'Price to Pay' for Cyber Attacks

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The director of the National Security Agency thinks the recent cyberattack on Sony Pictures could set a precedent for future attacks aimed at the United States.

In an exclusive interview with FOXBusiness.coms Firewall, Admiral Michael Rogers -- who is also the head of U.S. Cyber Command -- voiced his concern over the possibility that aggressors could utilize cyber means to accomplish other goals.

What if next time its a nation-state, a group, an individual who doesnt like some other product, who doesnt like a policy, or who doesnt agree with an action that the United States or private entities within the United States take, Rogers told Firewall. This starts us down a very destabilizing road if were not careful.

Admiral Rogers echoed remarks by the White House and the FBI saying that the perpetrator in the Sony case was, indeed, North Korea.

The Sony Pictures attack was one of many cybersecurity-related issues discussed with Admiral Rogers, who sat down with Firewall before giving a keynote address at Fordham Universitys annual International Conference on Cyber Security in New York on Thursday.

The NSA chief also elaborated on testimony he gave before the House Intelligence Committee in November concerning the potential vulnerability of critical U.S. infrastructure to Chinese hackers and other nation-states.

I did that very publicly, in part, because I want to make sure everyone understands this is very real, this is nothing theoretical, Rogers said.

Admiral Rogers described the breadth of threats that the United States face in the cyber domain. He drove home the fact that significant hack attacks not only emanate from technically advanced nations but also from criminal organizations and rogue groups, calling the cyber problem "the great equalizer."

Following Wednesdays terror attack in Paris, France, Admiral Rogers also expressed concern over the growing threat of lone wolf terror making its way to the U.S. homeland. That certainly increases the challenge from an intelligence perspective, Rogers said.

You can watch Firewalls entire interview with Admiral Michael Rogers by clicking the video thumbnails at the top of the page.

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NSA Director: Must Be 'Price to Pay' for Cyber Attacks

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Official: NSA will lead fight against future hacks

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The head of U.S. Cyber Command, Admiral Mike Rogers, speaking at the International Cyber Security Conference in New York City hosted by Fordham University, said the U.S., for the first time, was the victim of a "malicious act by a nation-state specifically designed to achieve a coercive effect" in the cyber-arena.

FBI director says Sony hackers 'got sloppy'

Rogers said in this case the act came in the form of an effort to "stop the release of a film with a particular viewpoint and the characterization of a leader," in reference to the recent hacking of Sony by North Korea.

He said the NSA's role in the investigation as "providing technical assistance," which included investigating the malware used in the hack, as well as the data generated from Sony to compare with other hacking activity.

The NSA is also taking a lead role in combating future large-scale hacks on private companies carried out by nation-states, such as developing counter-measures to major viruses, Rogers said.

"If it's a specific malware, for example, that we saw used in the Sony scenario, we partner with others using our technological expertise to write the programs that will counteract the malware," he said.

The other major challenge facing America in the cyber-world is balancing privacy with security in an environment where both good and bad actors are "using the same communication path, the same software and the same social media," according to Rogers.

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Volokh Conspiracy: E-mail warrant for all evidence of CFAA crimes violates Fourth Amendment, court holds

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In a recent case, United States v. Shah, 2015 WL 72118 (E.D.N.C. Jan. 6, 2015), a district court ruled that a search warrant for an e-mail account for all evidence of violations of the federal computer hacking statute failed to comply with the Fourth Amendment because it did not particularly describe the evidence to be seized.

The warrant in the case approved the seizure from a specific gmail account of e-mails that contained the following:

All information . . . that constitutes fruits, evidence, and instrumentalities of Title 18, United States Code, Sections 1030 (Fraud and Related Activity in Connection with Computers), since account inception, including, for each account or identifier listed on Attachment A, information pertaining to the following matters: a. Preparatory steps taken in furtherance of unauthorized network activity, communications regarding execution of the unauthorized network activity, and information regarding tools used in furtherance of the unauthorized network activity. b. Records relating to who created, used, or communicated with the account or identifier, including records about their identities and whereabouts.

This description is a slightly modified version of the DOJ recommended e-mail warrant description, albeit without a date restriction; see here at 261-62. According to the district court, however, the warrant was not specific enough. From the opinion:

The provision [of the warrant] describing the documents seized makes a general reference to [a]ll information described above in Section I that constitutes fruits, evidence, and instrumentalities of Title 18, United States Code, Sections 1030 (Fraud and Related Activity in Connection with Computers). (Google Warrant, 6). This statute, also known as the federal Computer Fraud and Abuse Act (CFAA), prohibits a wide array of activities, including the use of computers to transmit information restricted by the United States without authorization, intentionally accessing a computer without authorization or exceeding authorized access to obtain financial records, accessing nonpublic computers of the United States in a way which affects the governments use, accessing protected computers without authorization in order to commit fraud, threatening to cause damage or obtain information from a protected computer, conspiracy to commit these offenses, and other activities. See 18 U.S.C. 1030(a).

A violation of the CFAA would not necessarily generate such distinctive evidence as bank robbery or narcotics. Dickerson, 166 F.3d at 694. Nor would evidence necessarily be as distinctive as that of child pornography, a type of crime more commonly targeted by warrants for electronic information. E.g. United States v. Schesso, 730 F.3d 1040, 1044 (9th Cir.2013); United States v. Deppish, 994 F.Supp.2d 1211, 1214 (D. Kansas 2014). Rather, a warrant authorizing collection of evidence of a CFAA violation comes closer to warrants seeking to collect evidence regarding violations of broad federal statutes prohibiting fraud or conspiracy. In these cases, limitation by reference to the broad statute fails to impose any real limitation. See United States v. Maxwell, 920 F.2d 1028, 1033 (D.C.Cir.1990) (Although a warrants reference to a particular statute may in certain circumstances limit the scope of the warrant sufficiently to satisfy the particularity requirement it will not do so where, as here, the warrant authorizes seizure of all records and where, as here, the reference is to a broad federal statute, such as the federal wire fraud statute.); Rickert v. Sweeney, 813 F.2d 907, 909 (8th Cir.1987) (general search limited only by broad tax evasion statute held overly broad, where probable cause existed only to search for evidence of tax evasion in connection with one particular project); United States v. Roche, 614 F.2d 6, 78 (1st Cir.1980) (warrants limitation of search to fruits and instrumentalities of the violation of federal mail fraud statute was inadequate because limitation by so broad a statute is no limitation at all.).

The Google Warrant provides no other details to clarify the particular crime at issue. Section II(a) makes reference to unauthorized network activity, yet gives no indication as to the meaning of this phrase, which would seem to be implicated in almost all of the activities prohibited by the CFAA. The warrant offers nothing about the time frame of the offense. See United States v. Hanna, 661 F.3d 271, 287 (6th Cir.2011) (noting, in upholding search warrant for electronic information, that the warrant was limited to the time period that the evidence suggested the activity occurred.) Rather, it provides for the seizure of all evidence of violations of the CFAA since account inception. (Google Warrant, 6).

Although the test for particularity is a pragmatic one, and must consider the circumstances and type of items involved, Torch, 609 F.2d at 1090, the record does not indicate that circumstances of the investigation precluded a more particularized description of the crime. Special Agent Ahearns supporting affidavit provides copious details as to the time and nature of the alleged offenses. Had the Google Warrant properly attached or incorporated this affidavit, it could have provided the necessary context for the search. Hurwitz, 459 F.3d at 471 ([A]n affidavit may provide the necessary particularity for a warrant if it is either incorporated into or attached to the warrant.) (quoting United States v. Washington, 852 F.2d 803, 805 (4th Cir.1988)). Yet the Google Warrant makes no incorporation, and it does not appear from the record that the affidavit was attached. Without the Google Warrant somehow including the additional details provided by Special Agent Ahearns affidavit, the affidavit itself cannot satisfy concerns for particularity or overbreadth. See Groh v. Ramirez, 540 U.S. 551, 557 (2004) (The Fourth Amendment by its terms requires particularity in the warrant, not in the supporting documents.).

[T]here are grave dangers inherent in executing a warrant authorizing a search and seizure of a persons papers that are not necessarily present in executing a warrant or search for physical objects whose relevance is more easily ascertainable. Williams, 592 F.3d at 52324 (quoting Andresen v. Maryland, 427 U.S. 463, 482 n. 11). Because electronic devices could contain vast quantities of intermingled information, raising the risks inherent in over-seizing data law enforcement and judicial officers must be especially cognizant of privacy risks when drafting and executing search warrants for electronic evidence. Schesso, 730 F.3d at 1042; see also In the Matter of the Search of Info. Associated with [redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc., 13 F.Supp.3d 157, 16667 (D.D.C.2014) ( D.D.C. Mac.com Order ). Especially in light of the nature of the search and seizure here, the Google Warrant is not drafted with sufficient particularity. In the absence of additional details, the warrant fails to identify the particular crime for which officers were to seek evidence. Therefore, the warrant lacks the particularity required by the Fourth Amendment.

The court goes on to apply the good-faith exception, however, because the courts holding is somewhat novel under the circumstances. Heres the discussion, with a paragraph break added:

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Volokh Conspiracy: E-mail warrant for all evidence of CFAA crimes violates Fourth Amendment, court holds

Judicial Elections and the First Amendment: Williams-Yulee v. The Florida Bar

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On January 20, the U.S. Supreme Court will be hearing oral arguments in Lanell Williams-Yulee v. The Florida Bar. At issue is whether a ban on solicitation of campaign donations by judicial candidates in state elections in Florida violates the First Amendment rights of the candidates. Does Florida have a compelling interest in imposing such a ban to preserve the appearance of impartiality of its judges? Is it necessary to ensure judicial independence and maintain public confidence in the judicial system? Does this ban on solicitation violate the First Amendment rights of candidates to engage in political speech and political activity? Does the soliciting of campaign donations involve core political speech? In a post-argument briefing, two First Amendment experts who filed amicus briefs in the case, along with the former Chief Justice of the Indiana Supreme Court, will discuss these issues as well as the oral arguments conducted that morning before the Supreme Court. Moderating the panel will be a former FEC commissioner.

James Bopp, Jr. General Counsel, The James Madison Center for Free Speech

Robert Corn-Revere Partner, Davis Wright Tremaine

Justice Randall T. Shepard Former Chief Justice, Indiana Supreme Court

Manager, Election Law Reform Initiative and Senior Legal Fellow Read More

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Judicial Elections and the First Amendment: Williams-Yulee v. The Florida Bar

Sex shop owners sue city of Des Moines

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DES MOINES, Wash. The owners of Secrets Adult Entertainment have filed a lawsuit against the city of Des Moines over violation of First Amendment rights and being shut down without due process.

On Dec. 5, officials red-tagged the building, citing code violations.

The violation document lists issues such as use of a storage area for retail space, an obstructed exit door, and a second exit door that was sticking.

The owners said they had dealt with code violations before, but usually had the opportunity to fix them for re-inspection. This time, they said they were locked out for 30 days, when they told KIRO 7 they could have addressed the issues within minutes.

Now, workers are allowed inside to make fixes, but the business is still closed with no timeline for reopening.

The owner who filed the suit, Mark White, alleges an assistant fire marshal and a city building inspector made homophobic remarks during their inspection, using the words f-gs and h---s directed at gay clients.

KIRO 7 spoke to a female employee who was present during the exchange. She said the officials even told them they would not be inclined to rescue anyone from the building if it were burning.

Basically they would have a moral issue with coming in and rescuing people from our establishment, said one of the co-owners, Michael, who didn't give his last name. Its just not right for a public official to say something like that.

South King Fire and Rescue issued a statement through its attorney.

South King Fire and Rescue adamantly denies the allegations of discriminatory code enforcement set forth in the plaintiffs complaint. It also adamantly denies that any of its employees made offensive or derogatory comments about the plaintiffs establishment or its customers.

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Sex shop owners sue city of Des Moines

TRANSMISSSION 20: Bitcoin below 300$ Altcoins 2014: Litecoin, Dogecoin, Paycoin – Video

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TRANSMISSSION 20: Bitcoin below 300$ Altcoins 2014: Litecoin, Dogecoin, Paycoin
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Comets Silenced 3-0 in the Doghouse

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January 9, 2015 - American Hockey League (AHL) Utica Comets In their second consecutive loss, the Utica Comets were shutout by the Hamilton Bulldogs 3-0 at the FirstOntario Centre in Hamilton Ontario. This is the first time the Comets have had back-to-back regulation losses since Nov. 21-22.

Hamilton's goaltender Mike Condon was awarded the first star of the game for successfully recording his first American Hockey League shutout while stopping all 33 shots he faced from the Comets.

After an uneventful first half of the beginning stanza, the game tilted towards Hamilton's favor after they scored their first goal at 15:29. Even though it was an even-man situation at the time of the goal, the Comets were playing as if they still had an odd-man disadvantage with Will Acton just skating out of the box at the time of the goal.

T.J. Hensick got it all going for the Bulldogs as he made a centering pass to Drayson Bowman. A quick wristshot put the puck on net, but was blocked away by Joacim Eriksson. However the rebound was ready for the taking as Nick Sorkin popped it in past Eriksson's blocker side for the 1-0 lead.

The Bulldogs found their second of the night at the tail end of the third period with exactly six minutes left in the game. From behind Eriksson's net, Gabriel Dumont passed the puck to Maxime Macenauer who was left alone in front of the Comets goaltender. With a quick release, the Bulldogs centerman lifted it past Eriksson's glove hand to make it 2-0. Daniel Carr received credit for the secondary assist.

Immediately after Eriksson was pulled for the extra-attacker, Jacob de la Rose scored an open-netter to finalize the score at 3-0. Gabriel Dumont and Daniel Carr both tallied their second assists of the night on the Bulldogs third goal.

After Friday night's loss, the Comets will look to make things right in front of an eager Utica crowd tomorrow night. The Comets will host their North Division rivals, the Adirondack Flames for the seventh time this season at The Utica Memorial Auditorium at 7 p.m. In their six previous meetings the Comets have gone undefeated against the Flames.

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Comets Silenced 3-0 in the Doghouse

Match Preview: Undefeated Comets Host Tulsa Revolution

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January 9, 2015 - Major Arena Soccer League (MASL) Missouri Comets INDEPENDENCE, Mo. (January 9, 2015) - The undefeated Missouri Comets (11-0) return to the Independence Events Center this Saturday after back-to-back victories on the road against the Milwaukee Wave and the St. Louis Ambush to host the Tulsa Revolution (1-8) with their sights set on a twelfth consecutive win.

Still injured, Coady Andrews (ankle), Max Touloute (groin) and Ramone Palmer (hamstring) will not be able to play. However, former Sporting Kansas City player Josh Gardner is expected to make his arena soccer debut after signing with the Comets on Wednesday.

Both teams will face off for the second time this season after the reigning MISL Champions defeated the Revolution 15-5 at the Cox Business Center on December 6.

Head Coach David Yates' team has struggled to get positive results throughout the season dropping eight matches and recording only one victory, which came against Texas last November 14. The Revolution are coming from a devastating loss after falling 16-2 at the Sears Centre.

On the other hand, the Comets recorded their best ever start to a season six games ago and continue to dominate on the field recording eleven consecutive victories, most recently defeating the St. Louis Ambush 8-5 at the Family Arena.

Forward Leo Gibson will try to regain the top of the MASL standings where he currently stands second only after Seattle's Gordy Gurson who has three more points than the Monrovia, Liberia native.

Brazilian midfielder Lucas Bunster Almeida leads the Revolution with 17 points (seven goals and 10 assists).

Next up, the Comets will host the I-70 Series Part Two at the Independence Events Center when they host the St. Louis Ambush next Saturday.

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Match Preview: Undefeated Comets Host Tulsa Revolution