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Should Voting Machines be Part of Critical Infrastructure?

At present, there are sixteen critical infrastructure sectors, including twenty subsectors that are eligible to receive prioritized cybersecurity assistance from the Department of Homeland Security. The existing critical infrastructure sectors are:

  • Chemical
  • Commercial Facilities
  • Communications
  • Critical Manufacturing
  • Dams
  • Defense Industrial Base
  • Emergency Services
  • Energy
  • Financial Services
  • Food and Agriculture
  • Government Facilities
  • Healthcare and Public Health
  • Information Technology
  • Nuclear Reactors, Material, and Waste
  • Transportation Systems
  • Water and Wastewater Systems

***

Related reading: Hacker study: Russia could get into U.S. voting machines

WE: op election officials from around the country met this weekend to create the formal organization to hash out what powers and lines of communications the Department of Homeland Security should have after the department designated voting systems in the states and territories as “critical infrastructure” earlier this year.

By voting to adopt a charter for a “Government Coordinating Council,” the secretaries of state now have a group that has an official channel and a single “voice” to communicate with DHS.

The move marks the first major step in the coming together between the nonpartisan National Association of Secretaries of State, or NASS, and DHS, amidst a contentious and sometimes mistrusting year.

“The other importance of the coordinating council actually being formed, is that there is so much activity on the federal level regarding legislation, I think this will give us, hopefully, a venue to help us inform members of the U.S. Senate and House of Representatives that states are taking an active role and we are doing a lot to prepare ourselves for the 2018 elections and beyond,” said NASS President and Indiana Secretary of State Connie Lawson.

Lawson and six other secretaries of state were in Atlanta this weekend for the first real efforts at coordinating between the states and DHS.

Although DHS has insisted from the start their “critical infrastructure” designation doesn’t give them any actual powers or authority over state and local voting systems, local officials have been wary. They say they can’t be sure DHS wasn’t encroaching on authority reserved explicitly to the states until DHS had clearly delineated their mission and what they hoped to accomplish with the critical infrastructure tag.

NASS and even U.S. senators and representatives expressed serious concern that although DHS knew for months about attempted “hacks” around the time of the 2016 elections, the affected states weren’t notified by DHS until this past September.

When the local election officials were finally notified, it immediately generated headlines around the country that “21 states” were the victims of some kind of hacking attempts on their voting systems, or on computer systems that may have been linked to the same offices as the voting systems.

However, in the intervening weeks, at least four states have come forward – California, Texas, Wisconsin, and Arizona – and disputed to some degree the DHS finding that they were the victims of a hack attempt.

Elected officials on Capitol Hill were upset as well when the “21 states” news broke.

“It’s unacceptable that it took almost a year after the election to notify states that their elections systems were targeted, but I’m relieved that DHS has acted upon our numerous requests and is finally informing the top elections officials in all 21 affected states that Russian hackers tried to breach their systems in the run up to the 2016 election,” said Sen. Mark Warner, D-Va., who serves on the Senate Intelligence Committee, which has taken an active role in trying to look at election vulnerabilities from 2016 in order to create more voting security in the future.

Lawson said NASS officials were still concerned about the lack of communication, but were also not trying to harp on the topic at this weekend’s meeting in Atlanta.

“I can’t say we’ve set it [communications issues] aside, but I can say we are just trying to make sure that things like this don’t happen again, that we all use the same terminology, that there’s a chain of communication that needs to take place,” Lawson told the WashingtonExaminer.

“We’re cautiously optimistic that things are going to get better,” she said.

Besides discussing the communications issues and communications chains in the event of problems in the future, Lawson said the coordinating council also discussed goals and deliverables.

“Those are just big, high-level pictures,” Lawson said.

“And then, who’s going to do the work, and how are we going to make sure that DHS has the support they need to stand up this coordinating council.”

“It was a logistical issue just being able to get everybody here because there wasn’t an official council at the time,” Lawson added later.

Secretary of Homeland Security Jeh Johnson originally made the critical infrastructure designation in the last days of the Obama administration. However, not long after, then-DHS Secretary John Kelly said the Trump administration had no plans to rescind the designation.

Apart from DHS, representatives from Election Assistance Commission were in attendance as well.

“State and local officials have already taken a number of steps to improve the security of the nation’s elections, and under the Government Coordinating Council we will be able to further leverage resources and our collective expertise,” said Bob Kolasky, the acting deputy under secretary of the DHS National Protections and Programs Directorate in a statement.

“The security of the nation’s elections are critical to our democracy, and DHS stands ready to support this important mission through exercises, information sharing, and technical cyber analysis and expertise.”

Drug Czar Nominee, Trump vs. 60 Minutes

photo

Primer: The Drug Enforcement Administration has proposed hiring its own prosecutor corps to bring cases related to drug trafficking, money laundering and asset forfeiture — a move that advocacy groups warn could exceed the DEA’s legal authority and reinvigorate the 1980s-era war on drugs.

Citing the epidemic in opioid-related overdoses, the DEA said it wants to hire as many as 20 prosecutors to enhance its resources and target the biggest offenders. The DEA said the new force of lawyers “would be permitted to represent the United States in criminal and civil proceedings before the courts and apply for various legal orders.” The agency would use money it gets from companies that manufacture and dispense certain kinds of prescription drugs under the federal Controlled Substances Act.

From the Federal Register

Joe Manchin calls Trump to pull drug czar nomination

Sen. Joe Manchin urged President Trump on Monday to withdraw his nomination for drug czar, Rep. Tom Marino, after a report noted he was the chief backer behind legislation that made it more difficult for the federal government to go after prescription drug companies for suspicious narcotic shipments.

Manchin does not mention in his letter that at the time he also had voted in favor of passing the bill, which received unanimous support in the Senate and was signed into law by former President Barack Obama.

“Congressman Marino led the effort in Congress to move through a bill that has made it significantly harder for the Drug Enforcement Agency to enforce our nation’s anti-drug diversion laws,” Manchin, D-W.Va., wrote to Trump in a letter. “For years, wholesale drug distributors were sending millions of pills into small communities – far more than was reasonably medically necessary.”

Manchin was responding to a report published Sunday by the Washington Post and CBS “60 Minutes,” which concluded that the Ensuring Patient Access and Effective Drug Enforcement Act of 2016 made it so the DEA could no longer bring enforcement actions against opioid distributors who give the painkillers to corrupt doctors and pharmacists.

As a result of the legislation one prescription opioid company shipped 20 million doses of oxycodone and hydrocodone to pharmacies in West Virginia between 2007 and 2012, including 11 million doses in a county where 25,000 people lived, according to the news investigation.

Trump tapped Marino, a Pennsylvania Republican, in September to lead the Office of National Drug Control Policy, which administers programs aimed at combating opioid abuse, including through drug monitoring programs or helping people access treatment.

“The head of this office … is a key voice in helping to push and implement strategies to prevent drug abuse, stop drug trafficking, and promote access to substance use disorder treatment,” Machin said, adding that the Washington Post report “calls into question Congressman Marino’s ability to fill this critical role in a manner that will serve the American people and end the epidemic. Congressman Marino no longer has my trust or that of the public that he will aggressively pursue the fight against opioid abuse.”

The opioid epidemic, which started after doctor overprescribing of prescription painkillers, resulted in more than 33,000 deaths in 2015, according to the Centers for Disease Control and Prevention. Because of such CDC reports, lawmakers were aware of the rising death toll and the contribution of the prescription drug industry to the trend when Obama signed the bill in April of 2016.

Many patients who were prescribed the drugs to treat pain then moved onto the drug’s cheaper alternative, heroin, which comprised an increased proportion of such deaths. West Virginia, in particular, has been hit hard, with 700 people dying from opioid overdoses in 700, according to Manchin’s office.

LEOKA Report 2016, 118 Deaths

Officer Down Memorial Page

Law Enforcement Officers Killed and Assaulted

66 Officers Feloniously Killed in 2016

A total of 118 law enforcement officers were killed in the line of duty in 2016, according to the FBI’s annual Law Enforcement Officers Killed and Assaulted (LEOKA) report released today. Of those deaths, 52 were accidental and 66 were felonious.

Additionally, 57,180 officers were assaulted in the line of duty, with nearly 30 percent of those officers being injured in the incidents.

All of these numbers increased from figures reported in 2015, when 45 officers died accidentally and 41 were feloniously killed in the line of duty. There were 50,212 assaults against law enforcement listed in the 2015 LEOKA report.

Through its Uniform Crime Reporting Program, the FBI collects data about the circumstances surrounding assaults against law enforcement and officer deaths. The data is collected from campus, local, state, tribal, and federal law enforcement agencies, as well as FBI field offices and non-profit organizations that track line-of-duty deaths. The LEOKA Program uses the data it collects to provide data-driven officer safety training to law enforcement officers around the country.

Of the 66 officers who were killed in criminal incidents:

  • The average age was 40 years old, with an average of 13 years of law enforcement experience.
  • Sixty-four of the officers feloniously killed were men, and two were women.
  • Nearly all of the officers were killed by firearms—62 out of 66. Of the 62 officers killed by firearms, 51 were wearing body armor at the time they were killed.
  • Four officers were killed intentionally with vehicles.
  • The most common categories of circumstance surrounding officers’ line-of-duty deaths were ambushes (17), followed by answering disturbance calls (13), and investigating suspicious people or circumstances (nine). (For more information on these incidents, see the summaries section of the report.)

Of the 52 officers who were killed in accidents:

  • The average age was 38 years old, with an average of 11 years of law enforcement experience.
  • Fifty of the officers accidentally killed were men, and two were women.
  • Half of the law enforcement officers killed accidentally in 2016 were killed in auto accidents—26 of the 52. Additionally, 12 were struck by vehicles, and seven were killed in motorcycle accidents.

The annual LEOKA report also contains a separate section on federal law enforcement officers who were killed or assaulted in the line of duty last year. According to the 2016 federal data, one federal law enforcement officer was killed and 324 were injured.

LEOKA Resources Page

Although LEOKA is an annual report released each October, the FBI’s Criminal Justice Information Services Division regularly updates the statistics on its LEOKA Resources Page. Visit the page for updated preliminary statistics on law enforcement officer line-of-duty deaths, including the breakdown of accidental and felonious deaths. The LEOKA Resources page also features links to previous LEOKA annual reports and information on law enforcement safety training.

K9 Line of Duty Deaths: 34

view Accidental: 2
Asphyxiation: 1
Assault: 1
Automobile crash: 1
Drowned: 1
Gunfire: 10
Gunfire (Accidental): 2
Heat exhaustion: 12
Stabbed: 1
Struck by vehicle: 3

Tips from FBI on Cyber Security

Protecting Yourself Online in an Interconnected World

As hacks, data breaches, and other cyber-enabled crime become increasingly commonplace, this year’s National Cyber Security Awareness Month is an important reminder of the need to take steps to protect yourself and your family when using the Internet. Launched in 2004 by the Department of Homeland Security and the National Cyber Security Alliance, the annual campaign held every October is designed to help the public stay safe online and to increase national resiliency in the event of a cyber incident. We could all learn a little more about cyber security, which is why the Alpine Security cybersecurity blog is so valuable.

“Cyber risks can seem overwhelming in today’s hyper-connected world, but there are steps you can take to protect yourself and reduce your risk,” said Assistant Director Scott Smith of the FBI’s Cyber Division. “The FBI and our partners are working hard to stop these threats at the source, but everyone has to play a role. Use common sense; for example, don’t click on a link from an unsolicited e-mail, and remember that if an online deal seems too good to be true, it probably is. And overall, remain vigilant to keep yourself and your family safe in the online world, just as you do in the physical world.”

How can you protect yourself?

  • Learn about the IC3—and use it if you’re ever a victim. The Internet Crime Complaint Center (IC3) is a reliable and convenient reporting mechanism for the public to submit complaints about Internet crime and scams to the FBI. The IC3 uses the information from public complaints to refer cases to the appropriate law enforcement agencies and identify trends. The IC3 has received nearly 4 million complaints since it was created in 2000. Anyone who is a victim of an Internet enabled crime, such as an online scam, should file a complaint with IC3 to help the FBI stop hackers and other cyber criminals. Learn more about the lifecycle of a complaint submitted to the IC3.
  • Practice good cyber hygiene at work. When you’re at work, you’re a target. From personal data to financial information to company secrets, company networks are a gold mine for hackers and fraudsters. One common scam that victimizes companies is Business e-mail compromise, in which a hacker will gain access to a company official’s e-mail to defraud the company or access employees’ private information. Additionally, ransomware, in which hackers will place malware in digital files that demands ransom, is a serious threat to companies and other large organizations. If you are conserned about your business being vunerable online then you may need a comprehensive threat intelligence platform to protect you. Learn more about cyber hygiene to protect yourself and your employer.
  • Know the risks of the Internet of Things (IOT). Cyber security goes beyond your computer and phone. Many homes are now filled with Internet-connected devices, such as home security systems, connected baby monitors, smart appliances, and Internet-connected medical devices. All of these devices present opportunities for hackers to spy on you and get your personal information. Using strong passwords and purchasing IOT devices from companies with a good security track record are just a few of the things you can do to protect your family and home. Learn more about IOT devices.
  • Cyber savvy? Uncle Sam wants you. As the cyber threat continues to grow, the FBI is similarly ramping up its efforts to recruit cyber experts to work as special agents, intelligence analysts, computer scientists, and more. The FBI partners with universities and other educational institutions with a science, technology, engineering, and math (STEM) focus to encourage students to pursue an FBI career, whether as an agent investigating hackers, an analyst looking strategically at threats, or a scientist evaluating evidence. The FBI offers a rewarding career in thwarting cyber attacks and bringing hackers and other criminals to justice. Visit FBIjobs.gov to apply.
  • Learn how the FBI and partner agencies are protecting critical infrastructure. Terrorist groups and other adversaries view the U.S. critical infrastructure—ranging from the financial sector to hospitals to electricity grids—as high-value targets that would disrupt American life if attacked. The FBI plays a key role in thwarting these attacks by stopping plots against critical infrastructure and investigating cyber attacks. Protecting these targets is a team effort among federal, state, local, and private sector partners. Three of the key partnership organizations the FBI is a member of are InfraGard, the Domestic Security Alliance Council, and the National Cyber-Forensics and Training Alliance. These strategic relationships promote timely information sharing between the FBI and the private sector, which helps to keep critical infrastructure networks safe from hackers and terrorists. If you’re concerned about Cyber Security, check out managed cyber security, to help you.

Bergdahl Pled Guilty, Obama Swapped 5 Taliban for Him

Let THAT sink in… Plus…we have no clue where those 5 Taliban commanders are in the world, or do we?

As many as 90 Obama administration officials knew about plans to swap five captured Taliban leaders for Sgt. Bowe Bergdahl. The National Defense Authorization Act requires Obama to inform Congress about a prisoner swap 30 days in advance.

Humm…

Only a handful of people knew about Saturday’s extraction, Hagel told reporters traveling with him.

“We couldn’t afford any leaks anywhere, for obvious reasons,” he said.

“We found an opportunity. We took that opportunity,” Hagel said later on Meet the Press. “I’ll stand by that decision.”

The Taliban handed Bergdahl over to special operations forces in eastern Afghanistan, and later in the day the detainees were flown from the Guantanamo detention center to Qatar.

Hagel said the special operations forces conducting the mission took every precaution, using intelligence gathering, surveillance, well-positioned security assets and a lot of helicopters to ensure that things did not go wrong.

***

FORT BRAGG, N.C. (AP) — Army Sgt. Bowe Bergdahl told a military judge on Monday that he’s pleading guilty to desertion and misbehavior before the enemy.

“I understand that leaving was against the law,” Bergdahl said.

“At the time, I had no intention of causing search and recovery operations,” Bergdahl added, saying that now he does understand that his decision to walk off his remote post in Afghanistan in 2009 prompted efforts to find him.

Bergdahl, 31, is charged with endangering his comrades by walking away from his post. Despite his plea, the prosecution and defense have not agreed to a stipulation of facts in the case, according to one of his lawyers, Maj. Oren Gleich, which is an indication that they did not reach a deal to limit his punishment.

The misbehavior charge carries a maximum penalty of life in prison, while the desertion charge is punishable by up to five years. He appears to be hoping for leniency from the judge, Army Col. Jeffery R. Nance.

The guilty pleas bring the highly politicized saga closer to an end eight years after his disappearance in Afghanistan set off search missions by scores of his fellow service members. President Barack Obama was criticized by Republicans for the 2014 Taliban prisoner swap that brought Bergdahl home, while President Donald Trump harshly criticized Bergdahl on the campaign trail.

The serious wounds to service members who searched for Bergdahl are still expected to play a role in his sentencing. The guilty pleas allow him to avoid a trial, but he still faces a sentencing hearing that’s expected to start on Oct. 23. Bergdahl’s five years of captivity by the Taliban and its allies also will likely factor into what punishment he receives.

Bergdahl, who’s from Hailey, Idaho, previously chose to have his case heard by a judge alone, rather than a jury.

Legal scholars have said that several pretrial rulings against the defense have given prosecutors leverage to pursue stiff punishment against Bergdahl. Perhaps most significant was the judge’s decision in June to allow evidence of serious wounds to service members who searched for Bergdahl at the sentencing phase. The judge ruled that a Navy SEAL and an Army National Guard sergeant wouldn’t have wound up in separate firefights that left them wounded if they hadn’t been searching for Bergdahl.

The defense also was rebuffed in an effort to prove President Donald Trump had unfairly swayed the case with scathing criticism of Bergdahl, including suggestions of harsh punishment. The judge wrote in a February ruling that Trump’s campaign-trail comments were “disturbing and disappointing” but did not constitute unlawful command influence by the soon-to-be commander in chief.

Defense attorneys have acknowledged that Bergdahl walked off his base without authorization. Bergdahl himself told a general during a preliminary investigation that he left intending to cause alarm and draw attention to what he saw as problems with his unit. He was soon captured.

But the defense team has argued that Bergdahl can’t be held responsible for a long chain of events that included many decisions by others on how to conduct the searches.

The military probe of Bergdahl began soon after he was freed from captivity on May 31, 2014, in exchange for five Taliban prisoners. Facing Republican criticism, Obama noted that the U.S. doesn’t leave its service members behind.

Bergdahl has been assigned to desk duty at a Texas Army base while his case unfolds.

***

6 Died looking for Bergdahl:

 Staff Sergeant Clayton Bowen, 29, of San Antonio, Texas, and Private 1st Class Morris Walker, 23, of Chapel Hill, N.C., were killed by a roadside bomb in Paktika province on Aug. 18, 2009, while trying to find Bergdahl. Like Bergdahl, they were part of the 4th BCT from Fort Richardson, Alaska.

Bowen’s mother last heard from her son the night before he died. “Clay called me around midnight to tell me I

wouldn’t hear from him for a few days,” she said. She never heard from him again, although she can still hear his voice in the two CDs he recorded with the 82nd Airborne All-American Chorus. “He was the only bass in the group,” she said, “so you could always hear him.”

“What I think of first when I think of Morris is his smile because he was always smiling,” his junior-high teacher,

Walker Army 

Wanda Bordone, told the Associated Press after he died. “He had a great sense of humor, lots of friends.”

Staff Sergeant Kurt Curtiss, 27, of Murray, Utah, died Aug. 26 in Paktika Province, Afghanistan, of wounds suffered when he was shot while his unit was supporting Afghan security forces during an enemy attack. Like Bergdahl, Bowen and Walker, he was part of the 4th BCT.

Curtiss Army 

“I’ll never forget you Kurt,” Adrian Ramirez a fellow soldier from Fort Richardson, posted on a memorial site. “You were my first team leader from the beginning and my squad leader to the end. I will miss you and all the memories I have shared with you.”

2nd Lieutenant Darryn Andrews, 34, of Dallas, Texas, died Sept. 4 in Paktika Province when enemy forces attacked his vehicle with an improvised explosive device and a rocket-propelled grenade. Like Bergdahl, Bowen, Walker and Curtiss, Andrews was part of the 4th BCT.

Andrews Army 

“We grew up with an enormous amount of pride for our nation,” Andrews’ mother, Sondra, told the Amarillo Globe-News. That was understandable: his father. grandfather and uncle had served in uniform. “We passed it on to our children, never thinking we would pay the ultimate sacrifice.”

Staff Sergeant Michael Murphrey, 25, of Snyder, Texas, died Sept. 6 in Paktika province after being wounded by an IED. Like Bergdahl, Bowen, Walker, Curtiss and Andrews, Murphrey was part of the 4th BCT.

“On his 17th birthday his family took him skydiving and after that,” his obituary read, “he decided he wanted to be an Army paratrooper.”

Murphrey Army 

On Sept. 4, 2009, Private 1st Class Matthew Martinek, 20, of DeKalb, Ill., was seriously wounded in Paktika province when Taliban forces attacked his vehicle with an improvided explosive device, a rocket-propelled grenade and small-arms fire.

The U.S. military rushed him to Landstuhl Regional Medical Center in Landstuhl, Germany—the same medical facility where Bergdahl is now being treated.

Bergdahl is expected to fly home to the U.S. soon for additional care and counseling.

Martinek never got that chance. He died a week after the attack—on Sept. 11.

Martinek “tried not to talk too much about what he was doing, but he said he liked helping people,” his brother, Travis Wright, told the AP.

Martinek Army 

Like Bergdahl, Bowen, Walker, Curtiss, Andrews and Murphrey, Martinek was part of the 4th BCT.

The diversion of these men and their units to the hunt for Bergdahl thinned the ranks of U.S. troops elsewhere in the region, contributing to several more American KIAs, U.S. soldiers who were there at the time believe.

Military justice can be swift and merciless, although that appears unlikely in this case. But the past cannot be erased, and it’s that legacy that gives the troops involved a markedly different view of Bergdahl and his rescue than that of most Americans sitting at home, paying scant attention to the nation’s only soldier missing in action in Afghanistan until Saturday.

The reason, for anyone who has been in combat, is pretty simple. Soldiers never forget. Civilians rarely remember.