Category Archives: NSA

Justice Mathur admits guilt about CAA protests hearing not being taken to conclusion, criticises liberal use of NSA and sedition law, expresses concern over the law and order situation in UP and plays down Madras HCs murder remark against EC. The session was moderated by Assistant Editor Apurva Vishwanath.

APURVA VISHWANATH: As the country grapples with the pandemic, what is the role of the judiciary in this hour of crisis?

The role of the judiciary is to protect the law, to impart justice to every citizen Also, if the court notices something wrong, it can take suo motu cognizance The first responsibility of the court is to protect citizens from any event that is not in accordance with the law. When the government is working, the doctors and police are onboard, then how can the courts remain closed. So we decided to continue The first suo motu cognizance was taken by a Bench that I was also a part of. Then, as chief justice, I constituted a Special Bench and it is still working. Fortunately, it has given very effective directions and played a very vital role in protecting people from coronavirus in Uttar Pradesh At present, things are in bad shape as far as coronavirus is concerned.

APURVA VISHWANATH: Can you tell us about your experience of dealing with civil liberty cases?

In the last few years, the State has been taking several actions or sometimes supporting the mob that is attacking civil liberties of individuals. In such times, it is necessary for courts to protect civil liberties. It is very easy to call any person anti-national But I believe that 99.9% of the citizens of this country are committed to this nation. They are patriots. I can have a different view on a specific issue and you can have a different view The government is required to protect this if it is not against the interest of country What is sedition? If I am raising slogans against some person, if I am opposing some legislation, that doesnt mean that I am waging war against the State. In Uttar Pradesh, I dont know what has happened, but many people think that they can take law into their hands, they can punish people on roads and, unfortunately, to some extent, the government failed to protect such people. So it was necessary and it is necessary for courts to intervene.

In Lucknow, in March 2020, posters (carrying photographs and details of people accused of violence during anti-CAA protests) had come up, and the Allahabad HC took suo motu cognizance. The judiciary is always required to come forward to protect constitutional values. Our Constitution is our Gita. It is not only a political or legal document, it is a social document, which is required to be adopted by every citizen of this country, to make our society more civilized.

ASAD REHMAN: Earlier this year, two ordinances the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020, and the UP Recovery of Damage to Public and Private Property Ordinance, 2020 were cleared by the UP Cabinet and they became Acts. Do they stand the test of constitutional validity?

I cant say what I would have done on it. But yes, I would have protected all constitutional values and rights of the people

APURVA VISHWANATH: But you had a prima facie view on these legislation?

Yes. I admitted the petitions for hearing only for the reason that prima facie I was satisfied that the provisions were in conflict with our constitutional provisions.

APURVA VISHWANATH: You also passed many orders in cases linked to the National Security Act, and in most cases you suggested that the law was being misused.

The National Security Act came up in 1980, and even at the time there was a huge debate in Parliament about it being prone to misuse The NSA cant be invoked in a circumstance which can be dealt with other criminal laws. For the Act to be invoked, first national security has to be at stake. Now, if I express my view, that is not causing any injury to national security. Recently, I read somewhere that if any person is opposing (Covid-19) protocols, he will be dealt with under the NSA. Our system, our Constitution doesnt permit for such liberal use of the NSA.

APURVA VISHWANATH: So when the government perceives something like cow slaughter to be a matter of national security

No, not at all. These are not issues of national security. Security is quite a big thing. There is an advisory board also (for the Act), but I have noticed that the orders passed by it are mechanical in nature. Maybe because two of the members on it come from bureaucracy or are nominated. These are political appointees, these nominations are political nominations, and while making political nominations the government must be aware that a statutory duty has to be discharged very seriously. No hanky-panky business must go on there.

APURVA VISHWANATH: In recent days, many high courts have asked tough questions of the government regarding the pandemic. You have passed orders linked to misuse of the NSA. Do these orders bring about any change?

In the constitutional structure, the judiciary is also a face of the State. The executive, legislature and judiciary need to have respect for each other. Unfortunately, sometimes, bureaucrats, and even political persons, consider the judiciary a rival. Judiciary is not a rival, it is just extending its support to the State. The State does not mean any political party or government led by a political party or a person. The State is the Union of India or a state government. We are taking care of the State, which includes its fundamental unit, its citizens. I fail to understand why the Executive opposes the judiciary However, I also feel that the judiciary should not interfere in every matter, especially those that are linked to small policy issues and are not affecting constitutional rights.

MANRAJ GREWAL SHARMA: The legal fraternity seems quite hesitant to say anything to the executive when a case goes to the Supreme Court. But earlier this year, in a love jihad case where two Muslim men were booked under the anti-conversion law, when the UP Police said that the case was before the Supreme Court, you responded that it doesnt preclude the high court from answering a challenge to the law.

We have the Union judiciary as well as the state judiciary. Now, if an order of the state high court is challenged before the Supreme Court, that doesnt mean that the high court should stop its work. Only if a stay is granted that should happen. When a judge is appointed, they take an oath which says that they will work fairly and fearlessly. Every judge is under oath to work fearlessly.

APURVA VISHWANATH: In the case of the anti-CAA posters, while the Allahabad HC ordered for them to be removed, the state went to the Supreme Court. Do such parallel proceedings undermine the high courts orders?

The Supreme Court admitted the Special Leave Petition for hearing and an interim order was also passed. Then, an ordinance was introduced (UP Recovery of Damage to Public and Private Property Ordinance, 2020), which went on to become an enactment. So, the direction given on the suo motu petition became infructuous at that stage. The enactment was challenged and a Division Bench, of which I was also a part, admitted the petition. Unfortunately, it was in March last year, when the pandemic struck. Though that matter was listed, for some reason it had to be adjourned. It has been more than a year, and the court has failed to decide the issue I feel guilty for the delay.

APURVA VISWANATH: There were a clutch of cases linked to the anti-CAA protests. Peoples properties were being auctioned While the court put a stay, why was the larger case not heard?

In 90% of the cases, the courts gave interim orders, protected people and many of those arrested were released. The fine imposed was also stayed in 100% cases. So interim relief was granted But yes, as far as the validity of provisions (under the ordinance) is concerned, that should have been decided by the court at the earliest. Because of certain unavoidable reasons, including the pandemic, the court failed to do so.

NIRUPAMA SUBRAMANIAN: Do you think that somewhere the leaderships commitment to the Constitution also needs to be addressed?

Very frankly, yes. You see, when you are making decisions on the basis of caste and not on merit I am talking about the political arena In my younger days, casteism was a negative thing. Now, while deciding candidates for constituencies, caste plays a vital role, tickets are given based on it There is another tendency in the executive these days, to leave things on courts. They dont want to take any action There is no effort on the part of political parties as well as the executive to have constitutional values as our social values. Some political parties or NGOs must be doing something about it, but I have not seen any result because it is still about whether I am Hindu or Muslim or something else, but not a citizen who has to abide by constitutional provisions Its like whenever I get a chance to violate constitutional provisions for my personal gains, I will do that. It is a dangerous phenomenon. Our leaders have also not escaped it. They are also doing the same thing.

ANANT GOENKA: Do you think there is more pressure today on judges than there has been historically?

In my last 17 years, I have had no pressure of any kind. In Rajasthan, I dealt with a number of cases, including the Bhanwari Devi case, where a Cabinet minister ultimately resigned, but nobody dared to tell me anything. But yes, at times some efforts may be made indirectly. If a judge doesnt take pressure, nobody tells you anything.

The pressure is of a different kind, when it is about future appointments. The allurement of being appointed as a presiding officer of, say, the Human Rights Commission or any tribunal is very dangerous. Judges should not accept it and Parliament should not make any provision for retired judges to be appointed as heads of any tribunal We must ensure that enactments for post-retirement employment must be abandoned I am not going to accept any government assignment in the remaining part of life.

APURVA VISHWANATH: How did you view Justice Ranjan Gogois nomination to the Rajya Sabha?

I would not like to say anything about it.

APURVA VISHWANATH: Would you accept a Rajya Sabha seat?

Never. If I have an opportunity to go to Parliament by contesting an election, I will go, but not by nomination.

ANANT GOENKA: Is the media a factor while cases are being heard in court?

Yes, no doubt. Journalism, at least in subordinate judiciary, plays a vital role during trials. I am of the opinion that there should be no media trial. On a subconscious level, it affects the mind of a judge, especially younger judges. Additional district judges in the age group of 35-37 years are deciding on important trials like capital punishment. Ultimately, judges are also human beings. There must be some code for the media Not a written code, but mostly ethics which the media must adhere to.

LIZ MATHEW: In recent times, high courts have been burdened with a number of cases linked to ideological issues love jihad, cow slaughter. Do you think it is a cause for concern?

If an ideological issue or an ideology is in conflict with constitutional provisions, then it is not a simple ideological issue Like in case of love jihad, the court cant say that we will not examine the case because it is an ideological issue. If ideology is in conflict with law, we are required to protect the law. But this is not new. In Kerala, when the EMS Namboodiripad government introduced the education Bill, they were accused of implementing their ideology Eventually, the enactment was set aside. So, this is quite common. Now we get more such cases In the last few years, we have been in a very weird condition. On the one hand, you want to decentralise power, and on the other you wish to centralise everything in your hands. Our bureaucracy is not interested in leaving its powers, which are available to it from the colonial era.

APURVA VISHWANATH: How important is it to have more women judges?

It certainly matters In higher judiciary, where the appointment is made by the Collegium, it is difficult. The Bar Council of India, the state bar councils, and even judges must promote women lawyers. You will not find adequate representation from the SC, ST or other minority communities either. It is because there are not enough lawyers from the SC, ST communities or even women As far as minorities are concerned, I have no hesitation in saying that a different kind of mentality works that a young person from a minority will not be appointed. It is not in the mind of judges but at government level.

I am a product of the Collegium system, but I have noticed that this system has caused great injury to our justice delivering system We must think of some alternative system for appointment of judges.

Apurva Vishwanath: Are you referring to the appointment of Muslim lawyers as judges?

Yes, files are pending with the government.

APURVA VISHWANATH: Is the lacuna on governments side or in judiciary?

It is in the judiciary itself. As far as the Allahabad High Court is concerned, the difficulty before the chief justice or the Collegium is also in identifying lawyers (who can be appointed judges). There are 15,000-18,000 lawyers. At times, judges who have been working at the court for 10 or 11 years dont know the name of the lawyer appearing before them. So, the chief justice of Allahabad HC is dependent on several other factors for making recommendations for appointments. A huge volume of work is an issue but the huge volume of lawyers is also a very important issue The Collegium system needs a 100% (relook). After the failure of the National Judicial Appointments Commission, why did the government leave this entire issue? I fail to understand.

BHUPENDRA PANDEY: The UP government has often ignored directions passed by the Allahabad High Court, including in the Hathras rape case and, more recently, in implementing lockdown in certain areas because of rising Covid-19 cases

As far as lockdown is concerned, I have read the order. It was passed after my retirement. The court asked (the government) to examine viability of imposing a lockdown in a specific manner. And interestingly, even though an interim order was passed by the Supreme Court (for an interim stay on the Allahabad HCs order), from that very day there was a lockdown in UP.

In the Hathras case, I am proud of the judges who took suo motu cognizance of the matter. An outstanding order was passed by them I am of the view that honouring those directions would have enhanced the prestige of the state also. But what happened ultimately? When you talk about the position of law and order in Uttar Pradesh, I dont think it is up to the mark I am not saying things like there is jungle raj etc But it is no less than that.

KRISHN KAUSHIK: Do high courts take their cues from the Supreme Court?

In our constitutional scheme, the Union judiciary and state judiciary are absolutely different. The state judiciary is absolutely independent. But by certain other means, like the State Legal Services Authority Act, there is a window for the Union judiciary to look into the state judiciary. I deprecate that. Next is the Collegium system. It is making a link between the two independent organisations Judges sometimes are under pressure as to what has been said by the Supreme Court It is against the constitutional scheme of the justice delivery system.

VANDITA MISHRA: In recent years, the judiciary seems to have dropped the ball on issues of civil liberties. Is it because of an executive with a decisive majority which is weaponising that mandate, or is it because of the larger process of institutional decline?

If you see the history of Indian judiciary, in the early 1970s, at that time also, a majoritarian executive was there. Today also, it is the same position. At that time, the election of Mrs Indira Gandhi was set aside by the Allahabad High Court, and after 1977, a series of judgments were passed by the Supreme Court as well as by different high courts which were certainly progressive. Those judgments played a very vital role in ensuring civil liberties, personal liberty of a person and so many other fundamental issues. Maybe, the same sort of circumstances are prevailing now The judiciary cant be pressurised by a majoritarian executive I am of the view that most of the judges in this country are working fearlessly.

MONOJIT MAJUMDAR: One of the complaints that the present as well as previous governments have had is of judicial overreach. Do you believe that judges sometimes step out of line?

You used the term overreach and overreaching is always wrong. If anything is overreaching, then a system is prescribed. If the high court has tried to overreach, then go to the Supreme Court. And if the Supreme Court notices that there has been an overreach, it sets aside that order Some errors happen and everybody is prone to errors. Those are to be rectified.

APURVA VISHWANATH: The Madras High Court recently said that the Election Commission should face murder charge for failing to enforce Covid protocols during polls

Please try to understand the circumstances in which courts work It is a simple observation, not a hue and cry issue. The media should also understand that during heated arguments, this is quite common It is not the lead news. Ultimately, it is the order that has been passed by the court that prevails. During these heated arguments, many things are uttered. If you are going to take cognizance of each and every statement, then it would be very difficult.

Read more from the original source:
In last few years, at times state has backed mob attacking civil liberties. It is necessary for courts to protect liberties: Justice Govid Mathur -...

Walter Pincusis a contributing senior national security columnist for The Cipher Brief. He spent forty years at The Washington Post, writing on topics from nuclear weapons to politics.

OPINION Cyber is now the critical domain to every facet of our National Security.

Those words were spoken last Friday by Rep. Mike Gallagher (R-Wisc.) at a hearing of the House Armed Services Subcommittee on Cyber, Innovative Technologies, and Information Systems, where, in the wake of the Colonial Pipelines hack, government witnesses described the increase in such attacks and House members called for more government funds, attention and responses to be devoted to deterring those activities.

Gallagher, ranking member of the subcommittee, is hardly a novice on the subject of cyberspace. He served as co-chair of the bipartisan Cyberspace Solarium Commission which in March 2020, came up with 25 recommendations which were later adopted into law. The subcommittee chairman, Rep. James Langevin (D-R.I.), is also a member of the Solarium Commission and together the two have taken an active interest in Operations in Cyberspace and Building Cyber Capabilities Across the Department of Defense, which was the title of Fridays hearing.

Ms. Mieke Eoyang, Deputy Assistant Secretary of Defense for Cyber Policy, told the members, The cyberspace domain is both more important and more contested that it has been in recent memory.

She pointed out that because of our growing reliance on technology, cyber criminals and major state actors alike took advantage of COVID-19 by releasing ransomware on health care facilities, targeting vaccine production and supply teams, exploiting fear by spreading disinformation and even disrupting pipeline companies.

Describing the unique situation that has arisen, she said, The line between nation state and criminal actors is increasingly blurry as nation states turn to criminal proxies as a tool of state power and then turn a blind eye to cyber crimes perpetrated by the same malicious actors. She described that technique as a common practice for Russia, whose Security Services leverage criminals while shielding them from prosecution for crimes they commit for personal benefit. We have also seen some states allow their government actors to moonlight as cyber criminals.

Gen. Paul M. Nakasone, Commander, U.S. Cyber Command and Director, National Security Agency (NSA), told the House panel that Russia in the Solar Winds attack, showed it could invade other companies using one companys supply chain; and China, in the hack of Microsofts Exchange, showed one systems vulnerabilities allowed attacks on other systems around the world. Nakasone added that the Colonial Pipeline attack illustrated a growing trend of companies and even government agencies being held hostage by malicious actors.

Nakasone also noted the increase in activity. Over the past 14 months, he said, weve seen a tremendous difference in the [cyber] environment. Adversaries are demonstrating a changed risk calculation. They are undertaking malign activities in cyberspace at greater scope, scale and sophistication. They desire to take on the United States in cyberspace below the level of armed conflict.

The Cipher Brief hosts private briefings with the worlds most experienced national and global securityexperts. Become a member today.

The subcommittee members brought up a wide range of subjects beginning with the possible establishment of a Digital Service Academy which, as Rep. Rogers (R-Ala.) said, would help train a person to take on this [cyber] challenge. Nakasone talked of Cyber Excepted Service, a 2016-created occupational structure for the Defense Departments cyber community which provides greater flexibilities and options for recruiting and retaining cyber professionals. He said it has become an avenue for us to be able go to recruiting fairs and offer final job opportunities and opportunities for young people to consider a career with Cyber Command. He also said there has been a dramatic drop in the time it takes to get a security clearance if hired under Cyber Excepted Service. In the past, it took some 110 days to bring someone into the civilian service, while now it has dropped into the 60-day range, Nakasone said.

Rep. Elissa Slotkin (D-Mich.), a former CIA analyst and Pentagon official during the Obama administration, told Nakasone she thought it would be really important to truly present a transformational budget on cyber whenever you guys submit it. I think the committee is crying out for it. I think the country is crying out for it, and we know that it will come at the expense of older systems, legacy systems [and] pork. And Congress has the responsibility to help you with that, which we dont always live up to. But I really want to encourage you to be bold and provide something that really helps move us into the 21st Century so we can maintain our military edge.

Slotkin also raised the issue of secrecy that surrounds the ways in which Cyber Command and NSA respond to publicized cyber attacks.

She said the American people are on the front lines of the attack, yet they cant feel, they dont know what their country is doing to respond. I know thats a difficult position for you all. What you do should be under the radar. But I would just note there is a real sense that there is no deterrent on a cyber attack that a Russian group or a Chinese group can attack us with impunity.

Slotkin ended by saying, We are going to need to figure out how to not just do it in the shadows but communicate to the American people that we are not leaving ourselves open as this becomes the primary form of attack on the average American citizen.

The secrecy surrounding Cyber Commands or NSAs responses to foreign attacks reminded me of that time during the Vietnam War, when the U.S.-directed bombing of North Vietnam supply routes in Laos was classified. I was then working for Sen. J.W. Fulbright (D-Ark.), chairman of the Senate Foreign Relations Committee. After personally observing U.S. forward air controllers in action in Laos, I participated in the Fulbright committee hearings on the bombing in Laos which eventually led the Nixon administration to publicly disclose what was going on. The Fulbright argument was that the Russians, Chinese, Laotians and North Vietnamese knew the U.S. was running the bombing, only the American public did not know.

The cyber response situation appears to be similar.

Gen. Nakasone, in his opening statement last Friday, said, U.S. Cyber Command conducted more than two dozen operations to get ahead of foreign threats before they interfered with or influenced our elections in 2020. I am proud of the work the command and the election security group performed. Later, while answering a question, he said that during 2020, his Cyber Mission Teams undertook 11 projects overseas in 9 countries as part of the U.S. election security effort.

It is time either Nakasone or the White House describes the details of those operations to give the American public the confidence that a real response has taken place that will the rise of cyberattacks. The Russians, Chinese and criminal hackers are aware of what the U.S. response has been. Its time the American people know, too.

Read more expert-driven national security insights, perspective and analysis in The Cipher Brief

View post:
A Duty to Inform the Public on Cyber - The Cipher Brief

A Minotaur 1 vehicle is prepared for launch at NASA Wallops Pad 0B. Image: NASA / Wallops Flight FacilityThe United States Space Force (USSF) will be launching a classified rocket mission from the NASA Wallops spaceport on the Virginia coast on June 15. Describing it only as a national security payload, the mission, NROL-111, is being lifted into space for the National Reconnaissance Office (NRO.)

The NRO is a member of the U.S. Intelligence Community, a sister agency to the Central Intelligence Agency (CIA), National Security Agency (NSA), and Defense Intelligence Agency (DIA.) While the NRO was created in 1960, its existence was kept classified until 1992. The NRO is the Intelligence Community element and a Department of Defense agency responsible for developing, acquiring, launching, and operating Americas intelligence satellites to meet the national security needs of the nation.The classified payload will enter space atop a Northrop Grumman Minotaur I rocket. Derived from the Minuteman II missile, it is now used to launch small satellites for the U.S. Government. The rocket stands roughly 63 feet tall and has a diameter of about 5 and a half feet. It can carry objects weighing as much as 730 pounds to sun-synchronous orbit and objects up to 1,280 pounds for low-Earth orbit, the orbit likely used by NRO for this mission.

Minotaur I rockets were successfully launched from the NASA Wallops facility on June 30, 2011 and again on November 20, 2013.The rocket launch should be visible around a wide area of the Mid Atlantic when it launches. However, with these classified missions, the specific launch time and countdown arent always revealed ahead of time. The Space Force Space and Missile Systems Centers Launch Enterprise is providing the launch services for this mission and not the more public-friendly and accessible NASA.

comments

The rest is here:
Space Force to Launch Classified Rocket from Mid Atlantic - Weatherboy

Written by Shannon Vavra May 14, 2021 | CYBERSCOOP

Lawmakers on Capitol Hill are clamoring for the U.S. government to better communicate what its doing to fend off foreign hackers, a concern that has come front and center in recent days as Americans have queued up at gas stations following a ransomware attack against a major U.S. pipeline company.

Colonial Pipeline, the largest pipeline in the country, temporarily had to shut down operations earlier this month in response to a ransomware attack impacting its IT networks. The company shut down operations to prevent the malicious software from spreading to its operational networks.

The incident has raised questions about the fragility of U.S. critical infrastructure cybersecurity, and Rep. Elissa Slotkin, D-Mich., indicated Friday she wants the U.S. government to tell the American people more about what its doing to try to prevent these kinds of attacks in the first place.

It is so hard to explain to the American public what were doing to respond when they see these very visible attacks whether theyre from a foreign entity and ransomware and whatnot, Slotkin explained during a House Armed Services Committee hearing Friday. Our constituents, they are on the front line of the attacks and yet they dont know what their country is doing to respond. And I know that thats a difficult position for you all what you do should be under the radar.

Rep. Seth Moulton, D-Mass., raised similar concerns that Americans dont have a clear picture of how U.S. government entities, such as the National Security Agency, Cyber Command, Department of Homeland Security and FBI, coordinate their efforts to prevent foreign hacking.

NSA Director Gen. Paul Nakasone who also serves as commander of Cyber Command, the Department of Defenses offensive cyber unit suggested during the hearing that interagency coordination to protect the U.S. presidential elections was well-executed in both 2018 and 2020.

There could not have been a closer partnership between U.S. Cyber Command, the National Security Agency, the Federal Bureau of Investigation and the Department of Homeland Security, Nakasone said, referring to the efforts to protect the elections.

Moulton told CyberScoop following the hearing that if the government does good work to deter foreign hackers but doesnt tell the American people about it effectively, some of those successes might be lost in translation.

Our federal cyber organizations are doing great work, but I worry when I see that large portions of the population do not recognize or accept that work is happening. Take, for example, the excellent work to protect the 2020 elections, Moulton told CyberScoop. The cyber community can do all the good work in the world to defend critical infrastructure and networks, but if the general population doesnt trust that work and assumes infrastructure and networks have been compromised, we still have major problems.

The NSA declined to comment for this story. The White House and Cyber Command did not immediately return requests for comment.

The lawmakers concerns follows a whole flurry of high-profile hacking incidents namely the Russian governments hacking of federal contractor, SolarWinds, which affected hundreds of companies and nine federal agencies, as well as the suspected Chinese hacking of Microsoft Exchange Server.

Its not entirely clear what Americans think about the U.S. governments efforts to share information about deterring foreign hackers. In a Gallup survey released in March, 82% of Americans said they think the use of computers to cause disruption or fear in society what the survey called cyberterrorism will be a critical threat to the U.S. over the coming decade. Only 2% of Americans said it is not a critical threat.

Those numbers, of course, dont speak to what Americans think about deterrence or whether they think the government is doing enough to deter foreign hackers.

But the recent ransomware incident that hit Colonial Pipeline and the following panic-buying of gasoline that occurred in several states on the East Cost of the country could be a harbinger of a future in which more Americans come face to face with the second and third order effects of foreign hacking.

Slotkins concerns about foreign hacking arent just about communicating to the American people. Following years of foreign government hackers targeting the U.S. private and public sector, Slotkin appears to also have concerns about whether the U.S. government has been responding adequately.

There is a real sense that there is just no deterrence on a cyberattack, that a Russian group or a Chinese group can just attack us with impunity they can steal a million records and we put out a strongly worded press release, Slotkin said, referring to when Chinese hackers stole personal data on 22 million current and former federal employees.

The federal government has made many efforts in recent days to communicate what it is doing to respond to the Colonial Pipeline incident, from issuing waivers to encourage more fuel transports to White House cybersecurity officials speaking with members of the press to communicate the latest with the American people.

President Joe Biden also announced Thursday that the U.S. is planning to go after the Russian criminals behind the Colonial Pipeline ransomware attack, and didnt rule out a retaliatory cyberattack against them.

As for deterring future hacks like this, there is some indication that all the furor about the Colonial Pipeline hack is having an impression. XSS, a popular underground forum, announced Thursday it would ban ransomware sales, rentals and affiliates, which could put a dent in future ransomware attacks.

Biden, too, said Thursday that he plans to raise the issue of governments like Russia allowing ransomware actors like DarkSide to operate with impunity from within their countries at an upcoming summit with his Russian counterpart.

Biden just this week also signed a sweeping executive order aimed at boosting federal contractors cybersecurity and reporting of cybersecurity incidents when they occur, which is intended to address issues inherent to the Colonial Pipeline attack as well as other recent hacking from Russia and China. The administration also attributed the SolarWinds hack to Russias Foreign Intelligence Service and expelled Russian officials in response to the SolarWinds espionage.

The NSA, for its part, stood up a directorate almost two years ago specifically focused on communicating threat information about foreign hacking to the public to boost cyberdefenses.

Fort Meade has also taken pains to get the NSA, the so-called No Such Agency, to become more public-facing in recent years. Just last year, following a report from CyberScoop that accounts were using Nakasones likeness to catfish women online, Fort Meade created official social media accounts for Nakasone.

Slotkin and Moulton both indicated they think more needs to be done to reassure Americans about the state of cybersecurity in the U.S. moving forward.

We are going to need to figure out how to not just do it in the shadows but communicate to the American people that were not leaving ourselves open as this becomes the primary form of attack on the average American citizen, Slotkin said.

Read more here:
Lawmakers want DOD to share more info with Americans on deterring hacks - CyberScoop

New Delhi: Justice Govind Mathur, who retired as chief justice of the Allahabad high court last month, said that many of the challenges that the Indian judiciary faces today are similar to those it encountered in the early 1970s in the face of a majoritarian executive in an interaction with the Indian Express.

He noted that after the end of the Emergency in 1977, the Supreme Court and a number of high courts passed a series of judgments which were very progressive. Those judgments played a very vital role in ensuring civil liberties, personal liberty of a person and so many other fundamental issues. Maybe, the same sort of circumstances are prevailing now The judiciary cant be pressurised by a majoritarian executive I am of the view that most of the judges in this country are working fearlessly, he said.

Justice Mathur also spoke about the need for representation of women and minorities in the judiciary.

The Bar Council of India, the state bar councils, and even judges must promote women lawyers. You will not find adequate representation from the SC, ST or other minority communities either. It is because there are not enough lawyers from the SC, ST communities or even women, Justice Mathur said and further added that when it came to minorities a different kind of mentality works that a young person from a minority will not be appointed. It is not in the mind of judges but at government level.

When asked whether he was referring to the appointment of Muslim lawyers as judges, Justice Mathur said, Yes, files are pending with the government.

On the role of the judiciary during the COVID-19 pandemic, Justice Mathur said that it was the responsibility of courts to protect the law and citizens from any event not in accordance with the law. When the government is working, the doctors and police are onboard, then how can the courts remain closed. So we decided to continue The first suo motu cognizance was taken by a bench that I was also a part of, he added.

Also read: Restoring Public Trust in the Indian Judiciary Calls for More Scrutiny, Not Less

On cases related to civil rights, Justice Mathur said that it was necessary for courts to protect civil liberties and that in the last few years, the state has been taking several actions or sometimes supporting the mob that is attacking civil liberties of individuals.

It is very easy to call any person anti-national But I believe that 99.9% of the citizens of this country are committed to this nation. They are patriots. I can have a different view on a specific issue and you can have a different view The government is required to protect this if it is not against the interest of country What is sedition? If I am raising slogans against some person, if I am opposing some legislation, that doesnt mean that I am waging war against the state, he said.

In Uttar Pradesh, I dont know what has happened, but many people think that they can take law into their hands, they can punish people on roads and, unfortunately, to some extent, the government failed to protect such people. So it was necessary and it is necessary for courts to intervene, he further added. Noting that the constitution was like the Gita, Justice Mathur said that when posters carrying photographs and details of people accused of violence during anti-CAA protests were erected in Lucknow, in March 2020, the Allahabad HC had taken suo motu cognizance.

On the misuse of the National Security Act, Justice Mathur said, The NSA cant be invoked in a circumstance which can be dealt with other criminal laws. For the Act to be invoked, first national security has to be at stake. Now, if I express my view, that is not causing any injury to national security. Recently, I read somewhere that if any person is opposing (Covid-19) protocols, he will be dealt with under the NSA. Our system, our constitution doesnt permit for such liberal use of the NSA.

On the case involving the rape and murder of a Dalit woman in Hathras, he said, I am proud of the judges who took suo motu cognizance of the matter. An outstanding order was passed by them I am of the view that honouring those directions would have enhanced the prestige of the state also. He added, But what happened ultimately? When you talk about the position of law and order in Uttar Pradesh, I dont think it is up to the mark I am not saying things like there is jungle raj etc But it is no less than that.

On whether the leaderships commitment to the constitution needed to be addressed, Justice Mathur said, There is no effort on the part of political parties as well as the executive to have constitutional values as our social values. Some political parties or NGOs must be doing something about it, but I have not seen any result because it is still about whether I am Hindu or Muslim or something else, but not a citizen who has to abide by constitutional provisions Its like whenever I get a chance to violate constitutional provisions for my personal gains, I will do that. It is a dangerous phenomenon. Our leaders have also not escaped it. They are also doing the same thing.

Also read: Why Is it So Hard to Fill up the Judicial Vacancies in Our Courts?

Justice Mathur also said that there was a different type of pressure on judges now and the possibility of post-retirement appointments was dangerous. The pressure is of a different kind, when it is about future appointments. The allurement of being appointed as a presiding officer of, say, the Human Rights Commission or any tribunal is very dangerous. Judges should not accept it and parliament should not make any provision for retired judges to be appointed as heads of any tribunal We must ensure that enactments for post-retirement employment must be abandoned I am not going to accept any government assignment in the remaining part of life, Justice Mathur said.

On how courts should deal with the increased number of cases linked to ideological issues like love jihad or cow slaughter, Justice Mathur said, If an ideological issue or an ideology is in conflict with constitutional provisions, then it is not a simple ideological issue Like in case of love jihad, the court cant say that we will not examine the case because it is an ideological issue. If ideology is in conflict with law, we are required to protect the law.

On the Madras high courts remarks that the Election Commission was responsible for the second wave of COVID-19 in the country and should face murder charges, Justice Mathur said that it was a simple observation.

Please try to understand the circumstances in which courts work It is a simple observation, not a hue and cry issue. The media should also understand that during heated arguments, this is quite common It is not the lead news. Ultimately, it is the order that has been passed by the court that prevails. During these heated arguments, many things are uttered. If you are going to take cognizance of each and every statement, then it would be very difficult, he said.

The rest is here:
If Ideology Conflicts With Law, Courts Should Protect the Law: Former Allahabad HC CJ - The Wire

WHATS HAPPENING IN 2021!!

NSA 2021 Leadership Meeting January 20th , 2021, 9:00 am to 1:00 pm EST

Procurement, Operations, Safety, Allied Committee Spring Meetings March 17th, 2021, 9:00 am to 1:00 pm EST

Marketing, Technical, Environmental Committee Spring Meetings March 22nd, 2021, 1:00 pm to 4:00 pm EST

Procurement, Operations, Safety, Allied Committee Summer Meetings June 2nd, 2021, 9:00 am to 1:00 pm EST

Marketing, Technical, Environmental Committee Summer Meetings June 16th, 2021, 9:00 am to 1:00 pm EST

NSA 2021 Annual Meeting August 29th-September 1st Gaylord Palms FL

CONGRATULATIONS MELLOTT!!

The NSA would like to congratulate Mellott Companies on their 100-year anniversary as an organization. Mellott Company has helped redefine the industry through their crushing experience, equipment service and machining capabilities, vast inventory of parts and equipment, reputation as a quality supplier, systems engineering work, and so much more. The NSA looks forward to the continued long term fruitful collaboration with Mellott and wish them success as they embark on another 100 years journey as an aggregate industry leader. Please join us in celebrating with Mellott company and all its employees past and present on achieving this significant milestone.

A MESSAGE FROM THE SAFETY COMMITEE

An Open Letter to NSA Members on the COVID Vaccine

COVID-19 Vaccine Facts

See the original post here:
National Slag Association | For more info call: +610-857 ...

Overall market sentiment has been down on National Storage Affiliates Trust (NSA) stock lately. NSA receives a Bearish rating from InvestorsObserver's Stock Sentiment Indicator.

Sentiment uses short term technical analysis to gauge whether a stock is desired by investors. As a technical indicator, it focuses on recent trends as opposed to the long term health of the underlying company. Updates for the company such as a earnings release can move the stock away from current trends.

Changes in price are generally the best indicator of sentiment for a particular stock. At its core, a stock's trend indicates whether current market sentiment is bullish or bearish. Investors must be bullish if a stock is trending upward, and are bearish if a stock is moving down.

InvestorsObserver's Sentiment Indicator factors in both price changes and variations in volume. An increase in volume usually means a current trend is stengthening, while a drop in volume tends to signal a reversal to the ongoing trend.

Our system also uses the options market in order to receive additional signals on current sentiments. We take into account the ratio of calls and puts for a stock since options allow an investor to bet on future changes in price.

National Storage Affiliates Trust (NSA) stock is trading at $43.70 as of 1:23 PM on Thursday, May 13, an increase of $1.01, or 2.37% from the previous closing price of $42.69. The stock has traded between $42.52 and $43.97 so far today. Volume today is 715,047 compared to average volume of 613,117.

To screen for more stocks like National Storage Affiliates Trust click here.

National Storage Affiliates Trust Trust is a real estate investment trust. The company owns, operates, and acquires self-storage properties located within the metropolitan statistical areas throughout the United States. It owned a diversified portfolio of more than 270 self-storage properties, located in more than 10 states, comprising approximately 15.0 million rentable square feet, configured in approximately 120,000 storage units. National Storage's portfolio consists of self-storage properties designed to offer convenient, affordable, and secure storage units.

Click Here to get the full Stock Score Report on National Storage Affiliates Trust (NSA) Stock.

See the original post:
Do Traders Think National Storage Affiliates Trust (NSA) Can Turn Around Thursday? - InvestorsObserver

This year marks the 25thAnniversary for the National Cryptologic Foundation (NCF), formerly known as the National Cryptologic Museum Foundation. In celebration of this silver jubilee, the National Security Agency (NSA) is announcing a commitment to strengthen our partnership with the NCF with a focus on increasing educational and public engagement opportunities centered on cybersecurity.

This NSA-NCF joint initiative deepens a quarter century of cooperation, and forms a bridge linking public and private sector experts on national security and cybersecurity, enabling them to collaborate on issues of national security importance.

With a key emphasis on cryptology and cybersecurity, the NSA-NCF partnership is committed to a three-fold strategy:

Educate

Stimulate

Commemorate

As the NCF celebrates its 25th anniversary throughout 2021, NSA looks forward to participating in future joint NSA-NCF educational and public engagement activities focused on cybersecurity.

Read more at NSA

(Visited 16 times, 16 visits today)

Excerpt from:
NSA Congratulates the NCF on their 25th Anniversary and Announces Partnership Homeland Security Today - HSToday

The US Defense Department and third-party military contractors are being advised to strengthen the security of their operational technology (OT) in the wake of security breaches, such as the SolarWinds supply chain attack.

The guidance comes from the NSA, which this week has issued a cybersecurity advisory entitled Stop Malicious Cyber Activity Against Connected Operational Technology

In its advisory, the NSA describes how organisations should evaluate the risks against OT such as Industrial Control Systems (ICS), Supervisory Control and Data Acquisition (SCADA) and Distributed Control Systems (DCS) and make changes to realistically monitor and detect malicious activity.

According to the NSA, if the pros and cons of connecting OT networks and control systems to traditional IT networks and the public internet are not properly reassessed, there is a danger that organisations will be placing themselves in indefensible levels of risk.

Just how serious are the risks if OT hardware such as valves and pressure sensors within industrial operations are impacted by a malicious hacker?

Well, the NSA doesnt mince its words:

The risks could involve many aspects, including:

a. Loss of process control.

b. Failure of safety systems/equipment to operate as designed.

c. Loss of revenue from process interruptions or shutdowns.

d. Loss of human life should safety systems/equipment not operate appropriately.

And this is the reason why the authorities are calling on operators to acknowledge that standalone OT systems that are not connected to enterprise IT systems and the outside world are safer from outside threats no matter how secure the outside connections are thought to be.

Of course, having such systems entirely unconnected on a permanent basis brings its own challenges, and so the NSA acknowledges that an intermittently connected OT system can be a good compromise because it is only at risk when it is connected, which should only be done when required, such as for downloading updates or during times when remote access is required for a finite period of time.

The NSA is right in pointing out that every time an isolated OT system and IT systems connect there is a rise in the risk level, due to the increased attack surface. So careful judgment calls need to be made about what the most important IT-OT connections are, and to ensure that they are hardened as much as possible to fend off potential attacks.

Where IT-OT connectivity is deemed essential, the NSA recommends organisations ensure that all connections are fully managed, and that all access attempts are authenticated, actively monitored, and logged.

Properly understanding the risks associated with connecting critical IT and OT systems and putting measures in place to protect them, should lead to an improved cybersecurity posture and reduce the chance that a potentially highly-damaging or deadly attack will succeed.

More details on what steps OT administrators should take to protect their systems can be found in the NSAs advisory.

Editors Note:The opinions expressed in this guest author article are solely those of the contributor, and do not necessarily reflect those of Tripwire, Inc

See the article here:
NSA: Connecting OT to the net can lead to "indefensible levels of risk"The State of - tripwire.com

A logo sign outside of a Colonial Pipeline Company facility in Baltimore, Maryland.

Tripplaar Kristoffer | SIPA | AP

The Colonial Pipeline ransomware attack which hit critical national energy infrastructure may represent a new level of ransomware, but there is one aspect to the vulnerability exposed in U.S. defenses that is a reminder of what experts already knew: the federal government and private enterprise have struggled for decades to build a deeper relationship on cybersecurity to stay ahead of accelerating, and more advanced threats.

The scale, novelty and aggressiveness of last year's SolarWinds attack involving reported nation-state actors from Russia, which made its way through both business and government systems, combined with the new hit on critical oil and gas infrastructure using ransomware, heightens attention on a long sought goal of greater government-industry cooperation on cybersecurity.

President Biden came into office post-SolarWinds with plans to increase the level of information sharing between companies and the government on hacking incidents and system weaknesses. The Biden administration has proposed a plan to work with critical infrastructure industries to pilot a new early warning system, a plan that industry groups have supported as a way to test new information sharing and hacking readiness protocols.

Congress is constantly looking at legislative fixes as well.

"We've been discussing the need for more disclosure for many, many years," Democratic New York Congresswoman Yvette Clarke, Chair of the Homeland Cybersecurity, Infrastructure Protection and Innovation Subcommittee of the House Committee on Homeland Security, said at a CNBC Technology Executive Council event earlier this year. She said incentivizing industry to share more information earlier, and more often, is key. "We cannot keep our critical infrastructure vulnerable," she said.

Starting to build a new, improved working relationship at the level of the critical infrastructure makes the most sense to many experts since government has a century of history with these sectors. And it will only become more important as new infrastructure spending advances and the U.S. government and industry invest more in technology like the 5G broadband rollout nationally.

"Virtual adoption in the U.S. has been so rapid out of necessity that more vulnerabilities will get baked into the infrastructure," Clarke told tech executives at the CNBC TEC event which was held in response to the SolarWinds hack.

The Colonial Pipeline hack raises a different set of issues, including government and industry debate over whether to pay the ransom demanded by hackers, but it is similar to SolarWinds in putting the U.S. on the defensive in the cyber realm at the level of national security.

The pipeline is a critical part of U.S. petroleum infrastructure, spanning more than 5,500 miles and carrying roughly half of the East Coast's fuel supply, as well as fuel for airports in Atlanta and Baltimore. The pipeline's owner plans to restore full service by the end of this week, and a partial restart already is underway.

Phil Quade, a former NSA official who is now chief information security officer at Fortinet and head of its federal and critical infrastructure business, said ransomware exploits have recently taken a more disturbing turn, increasingly being used to disrupt essential government services, such as emergency response and health care. The use of ransomware as a means to assert strategic influence and threaten the reliability of critical infrastructures elevates ransomware to a matter of national importance.

The Biden administration's focus on strengthening the Cybersecurity and Infrastructure Security Agency (CISA) and identifying critical infrastructure has encouraged cyber executives, especially as the types of critical infrastructure increase in form. "It's not just power grids," said Dan Schiappa, chief product officer at cybersecurity firm Sophos. Recent Covid vaccine hacks are another example.

"We need early warning in the critical infrastructure base before others," Schiappa said. But he said there will never be perfect software. "Making mistakes is a 100% certainty ... Disclosure is just a slippery slope."

There is a fine line between the carrot-and-stick involved in government responses to hacking and cooperation with industry.Companies fear releasing too much information too soon, and liability they may be left exposed to without adequate legal protections. Angry hearings on Capitol Hill have not helped to inspire confidence in the balance being more on the carrot than stick side of the relationship.

The biggest disincentive for companies is reputational risk. We need in some way to assure people it won't be leaked, won't be given for a criminal investigation and won't end up in front of a congressional committee.

Jim Lewis, Center for Strategic and International Studies

"Capitol Hill can be the stage for lots of posturing and if you disclose an incident, ideally you get liability protection," Quade said. "If you were reckless you shouldn't get it, but if you had reasonable eyes and understanding, that should not lead to public shaming, and that happens on Capitol Hill."

Concerns about damage to personal and company reputation can lead business leaders to err on the side of keeping close control on information.

"The biggest disincentive for companies is reputational risk," said Jim Lewis, director of the Strategic Technologies Program at the Center for Strategic and International Studies. "We need in some way to assure people it won't be leaked, won't be given for a criminal investigation and won't end up in front of a congressional committee." And he added, "It doesn't seem like it should be so hard to do."

In fact, there are elements of a deeper working relationship on cyber framed by existing government-industry cooperation. The federal government and private enterprise have rules covering confidentiality for banking information and health information, and safe harbor for critical industries, indicating it is possible to design a system with tight controls that could satisfy both.

There are other factors at play beyond being raked over the coals by Congress, according to experts.

It remains unclear how the government would step up to offer much in return to a company or industry being more proactive and transparent in this area. There also is risk of a loss of control in making decisions once incidents or vulnerabilities are disclosed, which is a key consideration for a corporation with customers, stakeholders and shareholders.

"The government could tie yours hands about a response. There is a fear of losing autonomy," said Ariel Levite, nonresident cyber policy fellow at the Carnegie Endowment for International Peace.

Government and industry have been engaged in a dialogue for well over a decade on increased information sharing in cyber security and that leaves Quade concerned about too much talk and not enough action. "We don't want to say the same old things. We need more public-private sharing and to expect a different result," he told CNBC in a recent interview that took place before the Colonial Pipeline attack.

Starting with heavily regulated sectors already subject to more stringent government oversight is the preferred approach among many experts to gain experience that can be applied to the broader economy. "We have pieces laying around, but we haven't cracked it," Lewis said. "If we don't, we have a big problem."

A world of increasing capabilities among hackers funded by nation-state rivals, and massive spending in the U.S. on the internet of things and 5G, means that advanced sentinels, such data sensors, will be everywhere. "That could be wonderful opportunity or a massively invasive scourge on the economy," Quade said.

The latest hack occurred as the Biden administrationworks to pass a $2.3 trillion infrastructure planwhich includes funds to address critical infrastructure vulnerabilities.

Quade worked on information sharing and automated detection systems while at the NSA, and he said sharing information once a hack occurs is important, but detecting and mitigating cyber incursions in a relevant time frame are where we need to head in terms of two-way cooperation. "What are some of things we can do to prevent it from happening in the first place, or deal with it in a cyber-relevant time. That's my frustration. I don't want to just dust off some new argument for information sharing," Quade said.

The relationship needs to change because the world has changed in important ways: the U.S. government, while formidable in its cyber capabilities, no longer has a clear advantage over nation-state and criminal adversaries. "The U.S. was always on top," Levite said. "If it didn't have a monopoly, it had a clear dominance, and in the balance between being more vulnerable or advantageous to reap benefits of intruding into systems, the U.S. was well ahead."

That is no longer the case, with Russia and China aggressive in cyber attacks and Iran and North Korea more than pulling their weight. And at the same time, private companies are in many cases now as innovative as the NSA in their cyber capabilities, and the first to know when a system, including government, has been breached, which changes the balance in the relationship.

On Monday, President Biden said in a White House briefing, "So far there is no evidence from our intelligence people that Russia is involved although there is evidence that the actor's ransomware is in Russia, they have some responsibility to deal with this."

"Unfortunately, these sorts of attacks are becoming more frequent. They're here to stay. And we have to work in partnership with businesses to secure networks to defend ourselves," Commerce SecretaryGina Marie Raimondotold the CBS Sunday program "Face the Nation."

Elena Kvochko, chief trust officer at SAP, and part of a group of technology officials which recently created a plan for government cooperation and operational readiness in cyber, said government and industry need to get better at vulnerability management, and in particular what is seen in real time and prevented, rather than six months after an attack.

"This is not a new debate," Kvochko said. "But it is back on top of the agenda at a government and corporate level and we all need to understand the priority of it. We recognize there is a lot of work to do. We all put so much effort and focus into securing our ecosystems, but we can only do it together."

Read the original post:
Colonial Pipeline cyber attack and the high stakes for Biden, business world relationship - CNBC