Globalization has left Western end-users at least partially dependent on capabilities and services provided by foreign vendors that may not be entirely trustworthy.
David Forscey is currently Managing Director for the Cyber & Technology Program at The Aspen Institute. Before that he worked on state cybersecurity policy at the National Governors Association and national security policy at Third Way.
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On March 1, 2018, the governor of Colorado issued the first-ever state emergency declaration based on a ransomware attack. He did so to deploy cybersecurity specialists in the state’s National Guard.
Active defense in cyberspace—otherwise known as “hacking back”—has recently emerged as a serious point of contention in cybersecurity policy. In early 2017, Rep. Tom Graves introduced a draft bill titled the “Active Cyber Defense Certainty Act” (ACDC 1.0).
The many controversies currently distracting Congress, the White House, and Washington more broadly cannot change an impending deadline: the December 31st expiration of the FISA Amendments Act (FAA) and its most controversial component, Section 702. The five-month countdown and a packed legislative calendar suggest that Capitol Hill is underestimating the time it will take to agree on renewal. When Congress last reauthorized Section 702, it was a relatively mild affair. This time, however, opposition to a “clean” reauthorization is likely to be far stronger.
The court fight between Apple and FBI over access to a terrorist iPhone is just the latest chapter in the long-running tension between security professionals trying to get access to information and communications companies who hold user data. The debate is often framed as a balance between government power and individual privacy. Frequently overlooked is the critical role of the communications companies, who as physical and legal gatekeepers regulate government access to private information.
On October 5, Third Way and the R Street Institute sent a joint request to the respective leaders of the House and Senate intelligence committees. The letter asks the committees to declassify records of the legislative negotiations leading up to passage (and subsequent reauthorization) of the FISA Amendments Act (FAA) of 2008.