- Why does France want to keep the Iran nuclear deal?
“French exports to Iran for the first 11 months of 2017 rose 120% to €1.29 billion ($1.6 billion) and imports grew 80 % to €2.16 billion,” Celestin-Urbain said.
“The short-term priority was to keep trade simple and complete a scheme this year to offer euro-denominated credits to Iranian buyers of French goods,” he said, a move that would keep bilateral trade outside the reach of US sanctions.
The head of state-owned investment bank Bpifrance, which is putting the plan together, said he was confident the scheme, which had a pipeline of deals worth €1.5 billion, could start operating by end-May or early-June. However, he warned that talks were ongoing on how to protect French firms if the US snapped back sanctions.
- The U.S. government wired $848,000 to Iran in July 2015 to settle a dispute over fossils and architectural drawings now in Iran’s possession.
- The U.S. also wired $9 million to Iran in exchange for 32 tons of heavy water.
- There is some chatter also about $400 million relating to the freedom of a U.S . spy. (likely part of #2) also came from the New York Federal Reserve and was converted to Swiss Francs.
- The $1.7 billion that went to Iran traveled through a network of the New York Federal Reserve and several European banks. This money was then transferred to the Swiss bank, converted to Swiss banknotes and moved to the Swiss National Bank. The U.S, government then transported them to Geneva via a flight bound for Iran. The transactions out of the U.S reserves were three separate transactions. At the same time there was a large hostage exchange. Iran released 4 American hostages. The Dutch Central Bank was also instrumental in facilitating the $1.3 billion into Euros. These monies appear to all be spent on the export of terror, supporting Bashir al Assad of Syria and keeping the Houthi rebels armed in Yemen.
- People:
Khosrow Afghahi
Afghahi, 72, was arrested in California in April and faced charges for allegedly violating the Iranian embargo and money laundering.He was the managing director and part owner of Tehran-based Faratel Corporation and the minority owner of Houston-based Smart Power Systems, according to a grand jury indictment filed in federal court in Texas in April.He was accused of participating in a scheme to illegally export high-tech microelectronics as part of an “Iranian procurement network operating in the United States,” the Justice Department said after his arrest.He had pleaded not guilty and the case had not yet gone to trial, attorney David Gerger said. A pardon was handed to him at 4:30 a.m. Sunday, allowing him to be released from prison after nine months behind bars, according to his attorney.Gerger described his release as “the right result,” adding that his client is now spending time with his family.“He is a good man,” Gerger said, “and we are glad to put this behind him.”Tooraj Faridi
Faridi, of Houston, was vice president of Smart Power Systems and was accused of participating in the alleged scheme. In a statement released at the time of the indictment, an FBI official said such microelectronics shipments could put national security at risk.“The proliferation of sensitive U.S. technologies to Iran and the direct support to their military and weapons programs remains a clear threat to U.S. national security,” said Randall Coleman, assistant director of the FBI’s counterintelligence division.Faridi’s attorney told CNN affiliate KPRC that his client never posed a threat to the country.“He’s as American as anybody that was born in this country. He’s loved being here, he’s fought hard to be here and he’s going to stay here, so it’s been very stressful to him to be accused of being somebody who’s a threat to national security when he’s just as American and patriotic as anybody in this town,” attorney Kent Schaffer said.He faced charges for allegedly violating the Iranian embargo and money laundering. The case had not yet gone to trial. He was pardoned on Sunday as part of the deal.Bahram Mechanic
Mechanic, the majority owner of Faratel and Smart Power Systems, also was accused in the same alleged scheme. He faced charges of violating the embargo and money laundering, among other counts.Attorney Joel Androphy told CNN that Mechanic, Faridi and Afghahi were met by their wives after their release and headed to their homes.“They were ecstatic to be out,” he said.The attorney told KPRC that his client eventually plans to return to Iran.Androphy told Forbes the accusations against his client were baseless and he believes they would have won if the case had gone to trial.Mechanic was pardoned on Sunday as part of the deal.Nima Golestaneh
The 30-year-old Iranian national pleaded guilty in December to charges of wire fraud and unauthorized access to computers, the Department of Justice said.He was arrested in Turkey in November 2013 and extradited to the United States last February.According to a plea agreement, he conspired to hack the network and computers at Arrow Tech, an engineering consulting and software company in Vermont.His lawyer did not immediately respond to a request for comment.Nader Modanlo
The naturalized U.S. citizen, who lived in Potomac, Maryland, was convicted in 2013 of conspiring to illegally provide satellite services to Iran, federal officials said at the time.He was a mechanical engineer with science and engineering degrees from George Washington University. Prosecutors argued he’d broken the law by helping Iran launch communications satellites.He was sentenced to eight years in prison in 2013. That sentence was commuted as part of the deal.His lawyer did not immediately respond to a request for comment.Arash Ghahreman
A naturalized U.S. citizen, Ghahreman was convicted in April of violating U.S. export and money laundering laws as part of a scheme to buy marine navigation equipment and military electronic equipment for illegal export to Iran.He was sentenced to six-and-a-half years in prison last August. That sentence was commuted Sunday as part of the deal.Attorney Ellis Johnson said Ghahreman and his family were extremely relieved after his release.“He plans to spend some time with his aunt and her family on the East Coast, reunite with his girlfriend who’s currently on the West Coast, and hopefully visit his elderly parents in Iran, whom he hasn’t seen in years since this case began,” Johnson said.Ghahreman, the attorney said, is a “kind, considerate man who poses no threat to the United States.”Ali Saboonchi
A federal jury in convicted Saboonchi, who holds both Iranian and U.S. citizenship, in August 2014 of conspiracy and seven counts of exporting American manufactured industrial products to Iran.He was sentenced to 24 months in prison last February. That sentence was commuted Sunday as part of the deal.In a written statement, his attorneys described Saboonchi as a “hard-working family man and American” who poses no danger and “has a bright future ahead.”“He was born in the U..S and is proud to be raising his young family here. His arrest and incarceration were devastating to his many friends and family,” attorneys Elizabeth Oyer, Lucius Outlaw III and Meghan Skelton said. “Ali is thrilled and grateful for his release and return to his family.”
Author Archives: Denise Simon
Remembering Some Facts on the Iran Nuclear Deal
There are at least two side deals, which Susan Rice admitted to. One dealing with the IAEA and the other of the PMD’s (possible military dimension) sites with particular emphasis on Parchin and Fordow.
Fordow is protected by Russian-made, S-300 advanced air defense system at the Fordow underground uranium enrichment facility.
So, what is going on now?
- Europe Works to Save the JCPOA | The P5+1 and Iran Nuclear Deal Alert, April 25, 2018
April 25, 2018
As time winds down to the May 12 deadline President Trump set for negotiating a “fix” to the nuclear deal with Iran, Washington’s P5+1 partners are warning Washington of the consequences if the deal collapses. - The P5+1 and Iran Nuclear Deal Alert, March 22, 2018
March 22, 2018
The JCPOA Joint Commission met for its first full meeting since Trump’s threat to pull out of the deal unless so-called “flaws” are corrected. Director General Yukiya Amano reports that the IAEA has access to all needed locations. Russia vetoed a resolution condemning Iran for failing to implement an arms embargo on Yemen, and more in this issue.
For some historical context on the deal…..
When the Obama administration decided to launch this effort, he even called on the Catholic Bishops? Are we to assume there was some confab at the Vatican? Yup!
Back in March 2014, a delegation of US bishops made a historic visit to Qom, Iran and held a meeting with Iranian religious leaders. On November 17, an audience at the Carnegie Endowment for International Peace in Washington, DC will have the chance to hear firsthand what they discussed in Qom, and during a subsequent meeting in Rome in June of this year.
The first meeting focused on the need for a world free of nuclear weapons. Following up on opportunities presented by this visit, in July 2014, Ploughshares Fund provided a $50,000 grant to the US Conference of Catholic Bishops (USCCB) to build a sustainable and effective channel of communication between US and Iranian religious leaders. Supporting such ‘Track II’ dialogues can indirectly aid official negotiations around tough issues, in this case, talks around Western sanctions and Iran’s nuclear program.
Although purely a people to people moral dialogue, the sensitive political situation made it difficult for a reciprocal delegation of Muslim clerics from Iran to visit the US, so the two parties met in Rome. The June 5-10 encounter focused on the moral tenets of each faith, especially as they relate to human rights, weapons of mass destruction, and terrorism. Keeping this constructive dialogue open remains important – even though the Iran nuclear agreement has entered into effect and is working, relationships between Iranians and Americans remain fragile.
Ayatollah Mahdi Hadavi Moghaddam Tehrani and Ayatollah Abolghasem Alidoost headed the five-member Iranian delegation. Representatives from the USCCB participating in the dialogue included Bishop Oscar Cantú of Las Cruces, New Mexico, chair of the bishops’ Committee on International Justice and Peace; Cardinal Theodore McCarrick, archbishop emeritus of Washington; Bishop Richard Pates of Des Moines, Iowa; and Bishop Denis Madden, auxiliary bishop of Baltimore. Bishops Cantú, Madden and Pates will report out on the Qom and Rome meetings during the November 17th Washington, DC event.
Following the dialogue, a joint declaration was issued by US Catholic bishops and Iranian religious leaders calling for developing a culture of encounter, tolerance, dialogue and peace that respects the religious traditions of others. The leaders emphasized that they regard the development and use of weapons of mass destruction and acts of terrorism as “immoral.”
“Together,” Bishop Cantú said on the occasion, “we commit ourselves to continued dialogue on the most pressing issues facing the human family, such as poverty, injustice, intolerance, terrorism, and war.” He called the joint declaration “the fruit of sincere dialogue between two religions that are united in their concern for the life and dignity of the human person.”
Ploughshares Fund is proud to support these extraordinary dialogues, which aid in fostering cross-border understanding around the thorniest problem we face today: the risks associated with nuclear weapons and nuclear weapons proliferation.
*** Who is Ploughshares? It was founded by Sally Lilienthal.
Instead of getting ready for a quiet life of retirement, the 62-year-old sculptor, human rights activist and mother decided to take on nuclear weapons.
“I thought that if a lot of people felt the same way I did but didn’t know what to do about it, we might get together and search for new ways together to get rid of nuclear weapons that were threatening us all,” she later told the San Francisco Chronicle.
With a little help from her friends and a lot of grit and determination, Sally founded Ploughshares Fund in her San Francisco living room in 1981, the same year IBM announced its first Personal Computer.
Sally was ahead of her time in many ways. After college, she moved to Washington, DC during World War II to work in the Office of War Information when few women held office jobs. Later, she co-founded the California chapter of the NAACP Legal Defense and Education Fund, served on the regional ACLU board and was national vice chairwoman of Amnesty International.
*** Where did the 35-year-old organization get its war chest to support a major media organization’s coverage of the negotiations and contribute so generously to one of the most prominent campaigns championing the deal?
Mostly through other large-scale grant-making foundations and philanthropic organizations, some of the largest in the world, such as The John D. and Catherine T. MacArthur Foundation, The Hewlett Foundation, Open Society Foundations and the Rockefeller Brothers Fund, each of which gave more than $100,000 to Ploughshares in 2015, according to its latest financial report. The craigslist Charitable Fund, of the classified advertisement website company, chipped in with between $25,000 and $99,000.
Ploughshares also received its share of support from members of the Hollywood community, particularly Jewish ones. It received a donation of between $10,000 and $24,999 from actor Michael Douglas, and between $5,000 and $9,999 from the Streisand Foundation, which was established by the Jewish singer-actress Barbra Streisand.
Through the rest of its donors, Ploughshares received $6,980,384 last year, much of which went toward pushing the nuclear accord, which was struck between the P5+1 world powers and Iran last July and then defeated congressional scrutiny. In September, a bill to reject the deal ultimately failed to receive the required backing to override President Obama’s veto power.
Col. Kang Defects from North Korea, Manhunt Underway
Mr. Kang is likely under protection of the West and has offered key intelligence that has aided the United States, Japan and South Korea in the talks with the Kim regime.
One of North Korea’s most senior intelligence officials, who played a major role in building Pyongyang’s nuclear weapons program, has disappeared and is believed to have defected to France or Britain, according to sources. South Korean media identified the missing official as “Mr. Kang”, and said he is a colonel in North Korea’s State Security Department (SSD), also known as Ministry of State Security. Mr. Kang, who is in his mid-50s, enjoyed a life of privilege in North Korea, because he is related to Kang Pan-sok (1892-1932), a leading North Korean communist activist and mother to the country’s late founder, Kim Il-sung.
According to South Korean reports, Kang was in charge of North Korea’s counter-espionage operations in Russia and Southeast Asia, including China. He is also believed to have facilitated secret visits to Pyongyang by foreign nuclear scientists, who helped build North Korea’s nuclear weapons program. In recent years, Kang was reportedly based in Shenyang, the largest Chinese city near the North Korean border, which is home to a sizeable ethnic Korean population. According to reports, Kang led Unit 121, an elite North Korean hacker group based in Shenyang, with the aim of carrying out cyber-attacks without implicating North Korea. The South Korean-based DailyNK website said on Wednesday that Kang had been based at the Zhongpu International Hotel in Shenyang (until recently named Chilbosan Hotel), which has historically been operated through a joint Chinese-North Korean business venture and is known to host numerous North Korean government officials.
But according to DailyNK, Kang disappeared from Shenyang in February and is now believed to have defected, possibly “to France or Great Britain”. The Seoul-based website said Kang took “a lot of foreign currency with him” as well as “a machine capable of printing American dollars”. Following Kang’s disappearance, the government in Pyongyang launched a worldwide manhunt for him, sending at least 10 agents to assassinate him before he is given political asylum in the West, said DailyNK. Pang’s family, including his wife and children, are believed to still be in Pyongyang.
***
While it is reported that North Korea has released 3 Americans from a labor camp to detention at a hotel from observation and deprogramming. There is no word on full release however, there is more going on with behind the scenes and that includes this defection along with the unit this Colonel worked for while living and stationed in China.
***
The North Korean hackers hit the systems of the Israeli energy company to attempt to penetrate the best electronic protection systems, South Korea’s newspaper Naver reported. According to the company’s experts, the North Korean cyber actors have real capabilities to damage the infrastructure of the United States, Japan and other countries.
Last year, experts warned that the North Korean cyber army could be far more dangerous to global security than its nuclear missiles. “North Korean cyberattacks and other malicious cyber activities pose a risk to critical infrastructure in countries around the world and to the global economy,” the statement said.
Since 2011, Pyongyang has been scaling up its cyber capacities. The North Korean regime is suspected to be exploiting its cyber weapons for political purposes to intimidate its opponents as well as to steal crypto-currency.
North Korean hackers are involved in major cyber offensives
In 2013, the three largest broadcasting companies and two banking institutions of South Korea suffered a massive attack against their systems. According to Shinhan Bank and Nonghyup Bank representatives, about 32,000 computers were infected while internet banking and ATMs stopped working. While Pyongyang still denies any involvement, cybersecurity experts pointed to North Korean group Lazarus.In August 2014, North Korea hacked the Channel 4 to prevent the production of a drama depicting the fictional story of a nuclear scientist kidnapped in the country.
However one of the most advanced attacks was the intrusion into the network of Sony Corporation in September 2014. The malware destroyed 70% of information stored in the company’s computers. According to Jim Lewis, senior fellow at the Center for Strategic and International Studies, the attack turned out to be the worst of its type on a company on U.S. soil.
North Korean hackers raise funds for regime
International sanctions forced Kim Jong-un to look for alternative and illegal sources of financing. By late 2015, the North Korean hackers shifted their attention to the global financial system, according to researchers at BAE Systems, FireEye and Symantec.In 2016, they were about to commit the most astonishing bank robbery in history. The cybercriminals were close to stealing a billion dollars from the Federal Reserve of New York and only a misprint in the word “foundation” kept them from it.
North Korean state-backed hackers have been also accused of the WannaCry ransomware attack that affected hundreds of thousands of computers worldwide in 2017. Taking into account large amounts of stolen money, it becomes clear that despite the growing political and economic pressure Pyongyang will be able to stay afloat for long.
“Winter is coming”
According to the commander of the US forces in South Korea, General Brooks, the North Korean military forces are currently capable of carrying out the most efficient and well-prepared cyber-attacks in the world.Robert Hannigan, former director of the Center for Government Communication of Great Britain says that as of June 2017, North Korea had 1,700 state-sponsored hackers and more than 5,000 support staff personnel. They all operate under the Main Intelligence Department of North Korean Armed Forces, known as Unit 586. The so-called Bureau 121 is the main unit conducting cyberattacks abroad. The US Department of Homeland Security refers to this structure as Hidden Cobra, while private companies gave the common name Lazarus to all North Korean hackers. But no one exactly knows how many different subdivisions the North Korea’s cyber-army has.
Earlier this year, cybersecurity firm McAfee reported that hackers have targeted organizations involved in the 2018 Pyeongchang Winter Olympics, which are set to start this week. The malicious actors attempted to obtain passwords and sensitive financial data. Speculations have risen that the North could be responsible amid anti-North Korean demonstrations in the Korean Republic and increasingly hostile rhetoric between Pyongyang and Washington.
Some analysts believe that the ongoing talks between Pyongyang and Seoul are Kim Jong-un ruse aimed to distract attention from the North Korea’s nuclear program and its malicious activities in cyberspace. But even if talks go smoothly, Pyongyang will never give up further development of its cyber weapons.
North Korea’s advanced cyber warfare capabilities could be truly scaring and risk escalating the crisis. As international bodies consider enforcing sanctions, Pyongyang continues its campaign of outright theft. Korean Olympic detente won’t last forever.
Next time when Kim Jong-Un feels trapped or insulted his cyber army will be ready to wreak havoc.
El Chapo Charged on his Drug Empire, but what About Murder?
Remember when Sean Penn decided he could befriend El Chapo Guzman and successfully plotted to interview him? Was Sean Penn ever debriefed by DEA or other law enforcement officials for more intelligence gathering on El Chapo? In fact this case is so dangerous that the jurors are to be sequestered and protected by U.S. marshals.
Related reading: 2009 Indictment from Illinois
Related reading: The case against Guzman in the Eastern District of New York does not have murder charges, only all offenses relating to the drug empire.
Moving ahead… 
photo
Mexican drug lord Joaquin “El Chapo” Guzman may face murder charges after several former Mexican police officers accused him of killing six Americans and a DEA agent within a nine-week span in late 1984.
Three former Mexican police officers told the U.S. Attorney’s Office in Los Angeles they witnessed Guzman carry out the killing spree between late 1984 and early 1985. Jorge Godoy, one of the former cops who is now under witness protection, told WFAA that Guzman took pleasure in killing people.
“He likes to cut the people,” Godoy told the news site.
Four Americans who were Jehovah’s Witnesses — Benjamin Mascarenas, 29; his wife Pat Mascarenas, 27; Dennis Carlson, 32; and his wife Rose Carlson, 36 — were murdered during a missionary trip in Guadalajara, Mexico. Godoy said he was the bodyguard of drug kingpin Ernesto Fonseca at the time and the missionaries made the wrong decision of knocking on a drug lord’s door on Dec. 2, 1984.
He told WFAA he saw them rape the women and torture the Americans. He added that Guzman shot each person and watched their bodies fall into an open grave. Former DEA agent Hector Berrellez also said Guzman was involved in their deaths.
“He shot them with his Uzi 9mm and I have witnesses that were there that saw ‘El Chapo’ kill these four Americans after they had been severely tortured,” Berrellez told WFAA. “The women were even raped. We’re talking about an animal here.”
But the killings didn’t end there, according to Godoy. Two other Americans, John Walker, 35, and Albert Radelat, 33, were the crazed drug lord’s next targets in Jan. 30, 1985. Walker was a Vietnam veteran and two-time Purple Heart recipient in Guadalajara writing a novel at the time. He and Radelat went to La Langosta restaurant to have dinner — in what turned out to be a fatal mistake.
Drug lord Rafael Caro Quintero mistook the two for DEA agents and ordered them in the restaurant.
“[Walker and Radelat] passed by me and I said, ‘Oh my God,’” Godoy recalled.
He said Guzman cut Walker’s throat. He then wrapped them and buried the two people in a nearby park, according to the report.
The last killing involved DEA agent Enrique “Kiki” Camarena, who busted the cartel’s marijuana fields and torched 10,000 tons of marijuana that cost them about $5 billion. He and a pilot who took him to the fields were tortured, killed and their bodies dumped on the side of the road. “Absolutely, he [Guzman] tortured both of them,” Berrellez said. “[Guzman] was seen by two witnesses slap, kick and spit in Camarena’s face. He was involved in physically torturing Camarena.”
Camarena’s death sparked one of the biggest manhunts by the U.S. government.
The families of the six Americans told WFAA they want to see “El Chapo” charged with the murders. The drug lord had murder charges dropped before he was extradited to the U.S. The U.S. Attorney in Los Angeles did not comment on the possible charges to WFAA. A spokesman for the U.S. Attorney for the Eastern District of New York, where Guzman is awaiting trial, also declined to comment.
“El Chapo” pleaded not guilty to drug-related charges including money-laundering, use of firearms and murder conspiracy.
*** There is also the case of Rafael Caro Quintero : Despite being wanted in the U.S. for Camarena’s murder, Mexico’s Supreme Court in 2013 overturned the ruling that voided Caro Quintero’s conviction and led to his release. Once freed, Caro Quintero quickly disappeared and his current whereabouts are unknown.
The Drug Enforcement Administration is offering a reward of up to $5 million for information leading to his arrest and/or conviction.
“DEA and Treasury utilize every possible tool to attack and dismantle violent, deadly criminal organizations such as that of Rafael Caro Quintero, who is responsible for the 1985 murder of DEA Special Agent Enrique ‘Kiki’ Camarena,” DEA Deputy Administrator Jack Riley said. “Thanks to this Treasury action, Diana Espinoza Aguilar has been exposed as a key enabler and facilitator for Caro-Quintero and his vicious global drug trafficking and money laundering regime.”
A founder of the now-defunct Guadalajara cartel, Quintero spent 28 years in jail for the 1985 murder of DEA agent Kiki Camarena, but was unexpectedly released in 2013 – to the disgust of the US government – and promptly disappeared. Today the ageing narco is said to be hiding out somewhere in the golden triangle, intent on reimposing old school narco order in Sinaloa. “There is no logic to what is happening,” the record producer said. “The sense I get is of an atmosphere of pending war.” Luís agrees. He spent 10 years as one of El Chapo’s gunmen, loading drugs on to planes heading to the US as well as torturing and killing cartel members who stepped out of line. Luis has retired and complains of nightmare flashbacks to his days as a killer, but he still keeps in contact with the few members of his old crowd who are still alive. They tell him all is not well in the cartel. “Before all the cows went in one direction. Now there are too many cowboys,” he said, sipping a beer and fiddling with a joint. “There will always be drugs moving, for as long as it is not legal, but I see a lot of weakness, a lot of internal disputes and mistreatment of the local population and that creates problems too.” Luis said that while the police were as accommodating as ever, new tactics being used by the federal government were causing problems. Time was, he said, when soldiers would help cartel members load up drug shipments “for a beer and a woman”. Now, however, he said army units were rotated so often that deals with corrupt commanders had to be constantly renegotiated.
Approval Process for Cyberwarfare Challenged
Cyber is a real battlefield and yet it gets almost zero ink in the media. The reason is due in part to exposing vulnerabilities, forced ransoms and stolen data.
Just a couple of years ago: Chet Nagle, a former CIA agent and current vice president of M-CAM, penned an article in the Daily Caller, stating, “At FBI headquarters in July, the head of FBI counterintelligence, Randall Coleman, said there has been a 53% increase in the theft of American trade secrets, thefts that have cost hundreds of billions of dollars in the past year. In an FBI survey of 165 private companies, half of them said they were victims of economic espionage or theft of trade secrets — 95% of those cases involved individuals associated with the Chinese government.”
The threats all appear to have a foreign genesis and the United States does not have a real cyber policy due in part to debates over whether cyber attacks are acts of war. Can the United States fight back with her own cyber weapons? Not really, kinda, maybe.
Tracking the theft is left to the FBI, while responding is left to the U.S. Cyber Command. Army Lt. Gen. Paul Nakasone is the head of Cyber Command facing strategic threats from Russia, China, North Korea and Iran. During his confirmation hearings, Nakasone was grilled on how he would position the agencies to confront mounting Russian aggression in cyberspace, whether through attempted interference in U.S. elections or targeting the electric grid and other critical industrial systems.
Members of the White House’s National Security Council are pushing to rescind Presidential Policy Directive 20, an important policy memorandum that currently guides the approval process for government-backed cyberattacks, three current U.S. officials familiar with the matter tell CyberScoop.
The effort is driven in part by a desire from some NSC staff to create a more streamlined channel for military leaders to get their offensive cyber operations greenlit, insiders familiar with the matter said. The sources spoke under the condition of anonymity to freely discuss sensitive national security matters.
The move comes as lawmakers openly question whether U.S. Cyber Command, the nation’s premier cyber warfare unit, is hamstrung from responding to Russian meddling due to bureaucratic red tape. CyberScoop previously reported that multiple congressional committees are considering policies that could empower the military’s cyber mission.
But the push for change faces resistance from the intelligence community and several other federal agencies involved in cybersecurity.
Senior U.S. intelligence officials have expressed concerns over what rescinding the directive will mean for their own active computer spying missions. These covert operations, which are typically pursued by intelligence agencies like the CIA or NSA, could be exposed by the launch of “louder” disruptive-style attacks from the military. The presence of multiple hacking teams simultaneously targeting a single network often makes it easier for them all to be discovered by the victim.
Prior reporting by CyberScoop has shown that a long-running turf war exists between different federal agencies regarding the proper use of hacking tools in order to protect the homeland.
Even before Trump came to office though, the framework in question was considered a source of frustration inside the Pentagon.
Signed by President Barack Obama in 2012, the directive’s critics say that it was written in a confusing manner that leaves open-ended questions. In addition, critics tell CyberScoop that too many federal agencies are allowed to weigh in on proposed cyber operations, causing “even reasonable” plans to be delayed or outright rejected.
Insiders who are resistant to eliminating the directive admit that PPD-20 is flawed, but fear change because they’ve not seen a replacement plan.
“Better the devil you know, or something like that,” a former U.S. official said. “This is such a crucial decision because whatever comes next will dictate how arguments are settled inside government … you have the military on one side and the IC on the other.”
The NSC, CIA and Office of the Director of National Intelligence declined to comment. The NSA referred CyberScoop to U.S. Cyber Command, who in turn did not respond to a request for comment.
Currently, PPD-20 requires U.S. government agencies to run approvals for offensive operations through a chain of command that stretches across the federal government. The process is largely focused on controlling those operations that go beyond the confines of everyday digital espionage, or computer exploitation, to simply collect information.
According to PPD-20, if an operation is considered “of significant consequence,” it requires the direct blessing of the president in addition to the interagency group. Hacking operations that, for example, shut down a power grid or cause equipment to explode would fit into such a description. But experts say it also includes less flashy tactics like deleting data or corrupting software in a destructive manner.
“This directive pertains to cyber operations, including those that support or enable kinetic, information, or other types of operations,” PPD-20 reads. “The United States has an abiding interest in developing and maintaining use of cyberspace as an integral part of U.S. national capabilities to collect intelligence and to deter, deny, or defeat any adversary.”
After coming under scrutiny last month, outgoing NSA Director Adm. Michael Rogers told lawmakers that there’s an “ongoing policy discussion” about redrawing the regulations looming over military cyber operations. Unlike conventional military activities, the internet makes it difficult for policymakers to draw clear cut boundaries. This challenges also runs up against longstanding laws that underpin, and therefore divide, the work of soldiers and spies.
Historically, intelligence agencies — empowered by Title 50 of the U.S. Code — have led the way on U.S.-backed hacking that occur in countries like Iran or China; where armed conflict is absent. Military operations fall under the purview of Title 10 of the U.S. Code.
It’s not clear whether giving military leaders more leeway to conduct hacking operations will ultimately make those units more effective at their missions. The details surrounding these activities are always classified, which inhibits the public from having a substantive policy debate.
Ultimately, the decision to eliminate PPD-20 falls solely to the executive branch. Sources tell CyberScoop no final decision has been made.
What makes PPD-20 difficult to analyze is the fact that it remains a classified document, despite it being leaked by NSA whistleblower Edward Snowden. The classification means current officials are barred from publicly commenting on it.
Thomas Rid, a professor of strategic studies at Johns Hopkins University, said that Snowden’s PPD-20 leak was notable because it revealed the U.S. government’s thought process behind “the rise of unwanted norms caused by escalatory cyberattacks.”
“Reading between the lines, the framework acknowledges the negative effect on global cyber norms that events like Stuxnet can cause because of escalation,” said Rid.
Rid also believes the directive was “naïvely constructed,” relying too much on the idea that cyberattacks only impact other machines, and not people.
“When you look at what’s happened in 2016, and really since then, it makes the people who wrote PPD-20 seem like they don’t understand the current threat environment where Russia, and to some degree Iran, are combining active measures with cyber to change public perception,” he told CyberScoop. “Russia is basically kicking the U.S.’ ass.”