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Is a Chinese Hack on our Naval Weapons an Act of War?

It is long been a question of the point that a foreign hack for espionage and theft is an act of war with emphasis on our naval weapons programs or those of the Army or Air Force.

Cyber warfare is an issue few care about or have control over because data resides outside of our individual control but that is NOT the case when it comes to government. They are accountable for safeguarding networks and data.

After a hiatus of several years, Chinese state hackers are once again penetrating networks at a range of U.S. corporations in a campaign to steal secrets and leapfrog ahead in a race for global technology supremacy, cyber researchers say.

Companies in fields such as biomedicine, robotics, cloud computing and artificial intelligence have all been hit by cyber intrusions originating in China, the researchers say.

“It’s definitely accelerating. The trend is up,” said Dmitri Alperovitch, cofounder and chief technology officer at CrowdStrike, a threat intelligence firm based in Sunnyvale, Calif.,

Chinese state hacking teams linked to the People’s Liberation Army and the Ministry of State Security are becoming visible on U.S. networks again, although they are using new methods to remain undetected, researchers said.

“In the last few months, we’ve definitely seen … a reemergence of groups that had appeared to have gone dormant for a while,” said Cristiana Brafman Kittner, principal analyst at FireEye, a cybersecurity firm that has tracked China hacking extensively.

The activity comes after a sharp drop in Chinese hacking that began in September 2015, when former President Barack Obama and Chinese leader Xi Jinping reached an agreement to end the hacking theft of commercial secrets. The agreement quelled U.S. anger over its charge that China is the “world’s most active and persistent perpetrator of economic espionage.”

U.S. prosecutors in 2014 indicted five PLA officers for economic espionage for hacking into firms like Westinghouse, U.S. Steel and Alcoa. The 56-page indictment said the five men worked for Unit 61398 of the PLA’s Third Department in Shanghai. The highly detailed complaint entered into details that U.S. officials later said were meant to “name and shame” China for commercial hacking.

Why China’s hackers may be getting back into the game is not readily clear. Renewed trade tensions may be a reason. President Donald Trump has threatened to impose $50 billion of tariffs on China-made products to cut the U.S. trade deficit of $375 billion with China.

Another factor may be the conclusion of a massive reorganization of China’s military, which began in late 2015 and under which various signals intelligence and cyber hacking units “were dissolved and absorbed into this one mega organization, called the Strategic Support Force,” said Priscilla Moriuchi, an expert on East Asia at Recorded Future, a cyber-threat intelligence firm based in Somerville, Mass.

China’s Xi has laid out ambitious goal of catching up with the United States and Europe in 10 key sectors, including aerospace, semiconductors and robotics, under its “Made in China 2025” program.

Moriuchi, who spent 12 years in the U.S. intelligence community, eventually leading the National Security Agency’s East Asia and Pacific cyber threats office, said China’s hackers are broadening tactics, burrowing into telecommunications networks even as they steal secrets to help party leaders achieve “Made in China 2025” goals.

“The sectors that they are going after are things like cloud computing, (Internet of Things), artificial intelligence, biomedicines, civilian space, alternative energy, robotics, rail, agricultural machinery, high-end medical devices,” Moriuchi said.

“There are companies in all of these sectors that have experienced intrusions over the past year from actors who are believed to be China state-sponsored,” she said.

Since early in the past decade, U.S. officials have alleged that Chinese state hackers were tasked with obtaining commercial secrets from Western corporations to help Chinese firms, many of them state-owned, overtake competitors to the global forefront in technology.

In a renewed warning alert for China, a March 22 report from the Office of the U.S. Trade Representative on China’s trade actions said, “Beijing’s cyber espionage against U.S. companies persists and continues to evolve.

So as you read about the stolen data from the Navy by China consider this: Should the NSA get inside the Chinese networks now and infect and or re-steal our intelligence?

Unmanned underwater vehicles take advantage of advanced ... photo

(Note: according to the Washington Post item below, the contractor is not named, however ‘Inside Defense’ in September of 2016 published an item that GD Electric Boat was awarded the $105.5 million contract modification moving it into the second phase.)

electric boat « Breaking Defense - Defense industry news ... photo

WaPo: Chinese government hackers have compromised the computers of a Navy contractor, stealing massive amounts of highly sensitive data related to undersea warfare — including secret plans to develop a supersonic anti-ship missile for use on U.S. submarines by 2020, according to American officials.

The breaches occurred in January and February, the officials said, speaking on the condition of anonymity to discuss an ongoing investigation. The hackers targeted a contractor who works for the Naval Undersea Warfare Center, a military organization headquartered in Newport, R.I., that conducts research and development for submarines and underwater weaponry.

The officials did not identify the contractor.

Taken were 614 gigabytes of material relating to a closely held project known as Sea Dragon, as well as signals and sensor data, submarine radio room information relating to cryptographic systems, and the Navy submarine development unit’s electronic warfare library.

The Washington Post agreed to withhold certain details about the compromised missile project at the request of the Navy, which argued that their release could harm national security.

The data stolen was of a highly sensitive nature despite being housed on the contractor’s unclassified network. The officials said the material, when aggregated, could be considered classified, a fact that raises concerns about the Navy’s ability to oversee contractors tasked with developing cutting-edge weapons.

The breach is part of China’s long-running effort to blunt the U.S. advantage in military technology and become the preeminent power in east Asia. The news comes as the Trump administration is seeking to secure Beijing’s support in persuading North Korea to give up nuclear weapons, even as tensions persist between the United States and China over trade and defense matters.

The Navy is leading the investigation into the breach with the assistance of the FBI, officials said. The FBI declined to comment.

On Friday, the Pentagon inspector general’s office said that Defense Secretary Jim Mattis had asked it to review contractor cybersecurity issues arising from The Post’s story.
Navy spokesman Cmdr. Bill Speaks said, “There are measures in place that require companies to notify the government when a ‘cyber incident’ has occurred that has actual or potential adverse effects on their networks that contain controlled unclassified information.”

Speaks said “it would be inappropriate to discuss further details at this time.”

Altogether, details on hundreds of mechanical and software systems were compromised — a significant breach in a critical area of warfare that China has identified as a priority, both for building its own capabilities and challenging those of the United States.

“It’s very disturbing,” said former Sen. Jim Talent (R-Mo.,) who is a member of the U.S. China Economic and Security Review Commission. “But it’s a of a piece with what the Chinese have been doing. They are completely focused on getting advanced weapons technology through all kinds of means. That includes stealing secrets from our defense contractors.” Talent had no independent knowledge of the breach.
Undersea priority

The Sea Dragon project is an initiative of a special Pentagon office stood up in 2012 to adapt existing U.S. military technologies to new applications. The Defense Department, citing classification levels, has released little information about Sea Dragon other than to say that it will introduce a “disruptive offensive capability” by “integrating an existing weapon system with an existing Navy platform.” The Pentagon has requested or used more than $300 million for the project since late 2015 and has said it plans to start underwater testing by September.

Military experts fear that China has developed capabilities that could complicate the Navy’s ability to defend U.S. allies in Asia in the event of a conflict with China.

The Chinese are investing in a range of platforms, including quieter submarines armed with increasingly sophisticated weapons and new sensors, Adm. Philip S. Davidson said during his April nomination hearing to lead U.S. Indo-Pacific Command. And what they cannot develop on their own, they steal — often through cyberspace, he said.

“One of the main concerns that we have,” he told the Senate Armed Services Committee, “is cyber and penetration of the dot-com networks, exploiting technology from our defense contractors, in some instances.”

In February, Director of National Intelligence Daniel Coats testified that most of the detected Chinese cyber-operations against U.S. industry focus on defense contractors or tech firms supporting government networks.

In recent years, the United States has been scrambling to develop new weapons or systems that can counter a Chinese naval buildup that has targeted perceived weaknesses in the U.S. fleet. Key to the American advantage in any faceoff with China on the high seas in Asia will be its submarine fleet.

“U.S. naval forces are going to have a really hard time operating in that area, except for submarines, because the Chinese don’t have a lot of anti-submarine warfare capability,” said Bryan Clark, a naval analyst at the Center for Strategic and Budgetary Assessments. “The idea is that we are going to rely heavily on submarines in the early effort of any conflict with the Chinese.”

China has made closing the gap in undersea warfare one of its three top military priorities, and although the United States still leads the field, China is making a concerted effort to diminish U.S. superiority.

“So anything that degrades our comparative advantage in undersea warfare is of extreme significance if we ever had to execute our war plans for dealing with China,” said James Stavridis, dean of the Fletcher School of Law and Diplomacy at Tufts University and a retired admiral who served as supreme allied commander at NATO.

The U.S. military let its anti-ship weaponry languish after the Cold War ended because with the Soviet Union’s collapse, the Navy no longer faced a peer competitor on the seas. But the rapid modernization and buildup of the Chinese navy in recent years, as well as Russia’s resurgent forces at sea, have prompted the Pentagon to renew heavy investment in technologies to sink enemy warships.

The introduction of a supersonic anti-ship missile on U.S. Navy submarines would make it more difficult for Chinese warships to maneuver. It would also augment a suite of other anti-ship weapons that the U.S. military has been developing in recent years.
Ongoing breaches

For years, Chinese government hackers have siphoned information on the U.S. military, underscoring the challenge the Pentagon faces in safeguarding details of its technological advances. Over the years, the Chinese have snatched designs for the F-35 Joint Strike Fighter; the advanced Patriot PAC-3 missile system; the Army system for shooting down ballistic missiles known as Terminal High Altitude Area Defense; and the Navy’s new Littoral Combat Ship, a small surface vessel designed for near-shore operations, according to previous reports prepared for the Pentagon.

In some cases, suspected Chinese breaches appear to have resulted in copycat technologies, such as the drones China has produced that mimic U.S. unmanned aircraft.

[Chinese cyberspies stole a long list of U.S. weapons designs]

Speaks, the Navy spokesman, said: “We treat the broader issue of cyber intrusion against our contractors very seriously. If such an intrusion were to occur, the appropriate parties would be looking at the specific incident, taking measures to protect current information, and mitigating the impacts that might result from any information that might have been compromised.”

The Pentagon’s Damage Assessment Management Office has conducted an assessment of the damage, according to the U.S. officials. The Office of the Secretary of Defense declined to comment.

Theft of an electronic warfare library, Stavridis said, could give the Chinese “a reasonable idea of what level of knowledge we have about their specific [radar] platforms, electronically and potentially acoustically, and that deeply reduces our level of comfort if we were in a close undersea combat situation with China.”

Signals and sensor data is also valuable in that it presents China with the opportunity to “know when we would know at what distance we would be able to detect their submarines” — again a key factor in undersea battles.

Investigators say the hack was carried out by the Chinese Ministry of State Security, a civilian spy agency responsible for counterintelligence, foreign intelligence and domestic political security. The hackers operated out of an MSS division in the province of Guangdong, which houses a major foreign hacking department.

Although the Chinese People’s Liberation Army is far better-known than the MSS when it comes to hacking, the latter’s personnel are more skilled and much better at hiding their tracks, said Peter Mattis, a former analyst in the CIA counterintelligence center. The MSS, he said, hack for all forms of intelligence: foreign, military and commercial.

In September 2015, in a bid to avert economic sanctions, Chinese President Xi Jinping pledged to President Barack Obama that China would refrain from conducting commercial cyberespionage against the United States. Following the pact, China appeared to have curtailed much, although not all, of its hacking activity against U.S. firms, including by the People’s Liberation Army.

Both China and the United States consider spying on military technology to fall outside the pact. “The distinction we’ve always made is there’s a difference between conducting espionage in order to protect national security and conduct military operations, and the theft of intellectual property for the benefit of companies inside your country,” said Michael Daniel, the White House cybersecurity coordinator under Obama.

 

Rogue Meets Rogue, Obama and Iran

While the United States has terminated it’s role in the JCPOA, the Iranian nuclear deal, Europe appears to be dedicated to remain. Meanwhile, Israeli Prime Minister Benjamin Netanyahu is traveling in Europe meeting with leaders on the sole topic of Iran. As this item is published he is meeting with Theresa May of Britain.

***

On May 8, 2018, the President announced his decision to cease the United States’ participation in the Joint Comprehensive Plan of Action (JCPOA), and to begin re-imposing the U.S. nuclear-related sanctions that were lifted to effectuate the JCPOA sanctions relief, following a wind-down period.  In conjunction with this announcement, the President issued a National Security Presidential Memorandum (NSPM) directing the U.S. Department of the Treasury and other Departments and Agencies to take the actions necessary to implement his decision.
Consistent with the President’s guidance, Departments and Agencies will begin the process of  implementing 90-day and 180-day wind-down periods for activities involving Iran that were consistent with the U.S. sanctions relief specified in the JCPOA.  To effectuate the wind-down periods, today the State Department issued the necessary statutory sanctions waivers to provide for a wind-down period and plans to take appropriate action to keep such waivers in place for the duration of the relevant wind-down periods.  As soon as is administratively feasible, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) expects to revoke, or amend, as appropriate, general and specific licenses issued in connection with the JCPOA.  At that time, OFAC will issue new authorizations to allow the wind down of transactions and activities that were authorized pursuant to the revoked or amended general and specific licenses.  At the end of the 90-day and 180-day wind-down periods, the applicable sanctions will come back into full effect.
OFAC posted today to its website additional frequently asked questions (FAQs) that provide guidance on the sanctions that are to be re-imposed and the relevant wind-down periods.
*** Iranian banks must comply with rules on money laundering ... photo

Why the big push on all of this? Iran has launched new uranium enrichment plans with meet the red line. But, could that enrichment exceed agreed limits? Yes and no one would know due in part to refused access by IAEA officials for inspection.

(Reuters) – Iran’s declaration that it could increase its uranium enrichment capacity if a nuclear deal with world powers falls apart risks sailing close to the “red line”, France’s foreign minister said on Wednesday. Supreme Leader Ayatollah Khamenei said on Monday he had ordered preparations to increase uranium enrichment capacity if the nuclear agreement collapsed after the United States withdrew from the deal last month.

It also informed the U.N. nuclear watchdog of “tentative” plans to produce the feedstock for centrifuges, which are the machines that enrich uranium.

“This initiative is unwelcome. It shows a sort of irritation,” Jean-Yves Le Drian told Europe 1 radio. “It is always dangerous to flirt with the red lines, but the initiative taken … remains totally within the framework of the Vienna (nuclear) deal.”

Tensions between Iran and the West have surged since President Donald Trump pulled the U.S. out of the 2015 nuclear deal with Tehran last month, calling it deeply flawed and reimposing unilateral sanctions.

European powers are scrambling to save the deal – under which Iran curbed its nuclear program in return for a lifting of international sanctions – as they regard it as the best chance to stop Tehran developing an atomic bomb.

However, they have warned Iran that if it were not to abide by the terms of the deal, then they would also be forced to pull out and reimpose sanctions as Washington has done.

“If they go to a higher level then yes the agreement would be violated, but they need to realize that if they do then they will expose themselves to new sanctions and the Europeans will not remain passive.”

Le Drian, who said Iran was for now still abiding by its commitments, was speaking a day after Israel’s leader urged France to turn its attention to tackling Iran’s “regional aggression”, saying he no longer needed to convince Paris to quit a 2015 nuclear deal between various world powers with Tehran as economic pressure would kill it anyway.

MSNBC Hires the Organizer of Obama's Iran Echo Chamber as ... photo

** There is yet another item that has bubbled to the surface. Enter Barack Obama.

(AP) — The Obama administration secretly sought to give Iran access — albeit briefly — to the U.S. financial system by sidestepping sanctions kept in place after the 2015 nuclear deal, despite repeatedly telling Congress and the public it had no plans to do so.

An investigation by Senate Republicans released Wednesday sheds light on the delicate balance the Obama administration sought to strike after the deal, as it worked to ensure Iran received its promised benefits without playing into the hands of the deal’s opponents. Amid a tense political climate, Iran hawks in the U.S., Israel and elsewhere argued that the United States was giving far too much to Tehran and that the windfall would be used to fund extremism and other troubling Iranian activity.

The report by the Senate Permanent Subcommittee on Investigations revealed that under President Barack Obama, the Treasury Department issued a license in February 2016, never previously disclosed, that would have allowed Iran to convert $5.7 billion it held at a bank in Oman from Omani rials into euros by exchanging them first into U.S. dollars. If the Omani bank had allowed the exchange without such a license, it would have violated sanctions that bar Iran from transactions that touch the U.S. financial system.

The effort was unsuccessful because American banks — themselves afraid of running afoul of U.S. sanctions — declined to participate. The Obama administration approached two U.S. banks to facilitate the conversion, the report said, but both refused, citing the reputational risk of doing business with or for Iran.

“The Obama administration misled the American people and Congress because they were desperate to get a deal with Iran,” said Sen. Rob Portman, R-Ohio, the subcommittee’s chairman.

Issuing the license was not illegal. Still, it went above and beyond what the Obama administration was required to do under the terms of the nuclear agreement. Under that deal, the U.S. and world powers gave Iran billions of dollars in sanctions relief in exchange for curbing its nuclear program. Last month, President Donald Trump declared the U.S. was pulling out of what he described as a “disastrous deal.”

The license issued to Bank Muscat stood in stark contrast to repeated public statements from the Obama White House, the Treasury and the State Department, all of which denied that the administration was contemplating allowing Iran access to the U.S. financial system.

Shortly after the nuclear deal was sealed in July 2015, then-Treasury Secretary Jack Lew testified that even with the sanctions relief, Iran “will continue to be denied access to the world’s largest financial and commercial market.” A month later, one of Lew’s top deputies, Adam Szubin, testified that despite the nuclear deal “Iran will be denied access to the world’s most important market and unable to deal in the world’s most important currency.”

Yet almost immediately after the sanctions relief took effect in January 2016, Iran began to complain that it wasn’t reaping the benefits it had envisioned. Iran argued that other sanctions — such as those linked to human rights, terrorism and missile development — were scaring off potential investors and banks who feared any business with Iran would lead to punishment. The global financial system is heavily intertwined with U.S. banks, making it nearly impossible to conduct many international transactions without touching New York in one way or another.

Former Obama administration officials declined to comment for the record.

However, they said the decision to grant the license had been made in line with the spirit of the deal, which included allowing Iran to regain access to foreign reserves that had been off-limits because of the sanctions. They said public comments made by the Obama administration at the time were intended to dispel incorrect reports about nonexistent proposals that would have gone much farther by letting Iran actually buy or sell things in dollars.

The former officials spoke on condition of anonymity because many are still involved in national security issues.

As the Obama administration pondered how to address Iran’s complaints in 2016, reports in The Associated Press and other media outlets revealed that the U.S. was considering additional sanctions relief, including issuing licenses that would allow Iran limited transactions in dollars. Democratic and Republican lawmakers argued against it throughout the late winter, spring and summer of 2016. They warned that unless Tehran was willing to give up more, the U.S. shouldn’t give Iran anything more than it already had.

At the time, the Obama administration downplayed those concerns while speaking in general terms about the need for the U.S. to live up to its part of the deal. Secretary of State John Kerry and other top aides fanned out across Europe, Asia and the Middle East trying to convince banks and businesses they could do business with Iran without violating sanctions and facing steep fines.

“Since Iran has kept its end of the deal, it is our responsibility to uphold ours, in both letter and spirit,” Lew said at the Carnegie Endowment for International Peace in March 2016, without offering details.

That same week, the AP reported that the Treasury had prepared a draft of a license that would have given Iran much broader permission to convert its assets from foreign currencies into easier-to-spend currencies like euros, yen or rupees, by first exchanging them for dollars at offshore financial institutions.

The draft involved a general license, a blanket go-ahead that allows all transactions of a certain type, rather than a specific license like the one given to Oman’s Bank Muscat, which only covers specific transactions and institutions. The proposal would have allowed dollars to be used in currency exchanges provided that no Iranian banks, no Iranian rials and no sanctioned Iranian individuals or businesses were involved, and that the transaction did not begin or end in U.S. dollars.

Obama administration officials at the time assured concerned lawmakers that a general license wouldn’t be coming. But the report from the Republican members of the Senate panel showed that a draft of the license was indeed prepared, though it was never published.

And when questioned by lawmakers about the possibility of granting Iran any kind of access to the U.S. financial system, Obama-era officials never volunteered that the specific license for Bank Muscat in Oman had been issued two months earlier.

According to the report, Iran is believed to have found other ways to access its money, possibly by exchanging it in smaller quantities through another currency.

The situation resulted from the fact that Iran had stored billions in Omani rials, a currency that’s notoriously hard to convert. The U.S. dollar is the world’s dominant currency, so allowing it to be used as a conversion instrument for Iranian assets was the easiest and most efficient way to speed up Iran’s access to its own funds.

For example: If the Iranians want to sell oil to India, they would likely want to be paid in euros instead of rupees, so they could more easily use the proceeds to purchase European goods. That process commonly starts with the rupees being converted into dollars, just for a moment, before being converted once again into euros.

U.S. sanctions block Iran from exchanging the money on its own. And Asian and European banks are wary because U.S. regulators have levied billions of dollars in fines in recent years and threatened transgressors with a cutoff from the far more lucrative American market.

More Slime from The SWAMP

Mitch McConnell cancels Senate’s traditional August recess

In a brief written statement, he said: “Senators should expect to remain in session in August to pass legislation, including appropriations bills, and to make additional progress on the president’s nominees.” More here.

At least that is something right?

All of us are mad, no furious with members of Congress. Imagine when some of those members are more angry than YOU at the system?

Leadership works with lobbyists and then leaks to the media. And then you think you have the whole story. Ah, not at all.

Just a teaser for Episode 3 is below.

The Swamp from Daniel Lippman on Vimeo.

In 2017, Congressman Ken Buck of Colorado wrote a book titled Drain The Swamp. 

It is a great primer and a book that can be read in a day. What does go on behind closed doors in Congress? Yep, you will learn it fast. What about those committee assignments and chairmanships? Yep, they are bought. Have you considered discretionary spending? It is illegal. A large handful of congressional members are in fact on our side. Some are so disgusted they are leaving Congress.

Run out and buy the book: Drain the Swamp: How Washington Corruption is Worse than You ThinkCongressman Buck is hardly a rebel but there are those colleagues that say he is. BARTELS: Secretary Wayne Williams’ Denver Broncos shirt ... Yes due to the weapon on the wall for which he was investigated a few years ago.

Remember that shooting at the ballfield? Well, as an aside, prior to that these congressional members packed heat. Likely more are doing the same now.

Here are the members of the House Freedom Caucus who say they currently carry, or did as of 2013 (all are Republicans):

  • Alabama Rep. Gary Palmer
  • Alabama Rep. Mo Brooks
  • Arizona Rep. Paul Gosar
  • Arizona Rep. Matt Salmon
  • Arizona Rep. David Schweikert
  • Arizona Rep. Trent Franks
  • Colorado Rep. Ken Buck
  • Florida Rep. Ted Yoho
  • Florida Rep. Bill Posey
  • Indiana Rep. Marlin Stutzman
  • Louisiana Rep. John Fleming
  • Ohio Rep. Jim Jordan
  • South Carolina Rep. Jeff Duncan
  • South Carolina Rep. Mick Mulvaney
  • Tennessee Rep. Scott Desjarlais
  • Texas Rep. Randy Weber
  • Virginia Rep. Dave Brat

Brooks said the Second Amendment is the “bedrock” of all other amendments, and the pro gun-control argument that the Second Amendment only applies to a militia-owning firearms is preposterous.

“The purpose of the Second Amendment was to ensure that the citizenry could protect itself from a dictatorial and out-of-control government,” Brooks told TheDCNF.

“It has long been a primary goal of kings, dictators, communists, fascists and the like to disarm the citizenry so that there is minimal risk of opposition to centralized government, dictating to the citizenry that is unarmed and defenseless, and unable to assert their rights,” he said. (some of them have already left congress)

***

7-2 SCOTUS Decision, Jack Phillips Wins

MASTERPIECE CAKESHOP, LTD.,
ET AL. v. COLORADO CIVIL RIGHTS COMMISSION
ET AL.
Justice Ginsberg and Sotomayer were the dissenting opinions.
This is a decision that upholds the freedom of religion and the dedication to practice that religion. Frankly, it was never about the wedding cake, if the truth be told.

The U.S. Supreme Court ruled in favor today of Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, who declined to bake a custom cake to celebrate a same-sex wedding because of his religious beliefs.

Masterpiece Cakeshop v. Colorado Civil Rights Commission is a historic case involving religious liberty, LGBT rights, and the First Amendment.

In the 7-2 ruling, the high court said the Colorado Commission of Civil Rights, which had ruled against Phillips, demonstrated “clear and impermissible hostility” toward the baker and cake artist’s Christian belief that marriage is the union of one man and one woman.

“The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated [Phillips’] objection,” wrote Justice Anthony Kennedy in the majority opinion.

As The Daily Signal previously reported, in 2014 Colorado Civil Rights Commissioner Diann Rice compared Phillips’ not making a cake to slavery and the Holocaust. Rice apparently didn’t know that Phillips’ father fought in World War II and was part of a group that helped liberate Buchenwald concentration camp.

The U.S. Supreme Court ruled in favor today of Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, who declined to bake a custom cake to celebrate a same-sex wedding because of his religious beliefs.

Masterpiece Cakeshop v. Colorado Civil Rights Commission is a historic case involving religious liberty, LGBT rights, and the First Amendment.

In the 7-2 ruling, the high court said the Colorado Commission of Civil Rights, which had ruled against Phillips, demonstrated “clear and impermissible hostility” toward the baker and cake artist’s Christian belief that marriage is the union of one man and one woman.

“The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated [Phillips’] objection,” wrote Justice Anthony Kennedy in the majority opinion.

As The Daily Signal previously reported, in 2014 Colorado Civil Rights Commissioner Diann Rice compared Phillips’ not making a cake to slavery and the Holocaust. Rice apparently didn’t know that Phillips’ father fought in World War II and was part of a group that helped liberate Buchenwald concentration camp.

“For her to compare not making a cake to the Holocaust, knowing what my dad went through, is ludicrous, and personally offensive,” Phillips, 62, told The Daily Signal.

“This is a big win for the religious liberty of all Americans,” says Ryan Anderson, a senior fellow at The Heritage Foundation. “The Court held that the state of Colorado was ‘neither tolerant nor respectful’ of Jack Phillips’s beliefs about marriage. But as the Court also noted ‘religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression.’”

“Americans should be free to live their lives, including at work, in accordance with their belief that marriage unites husband and wife. Congress and the states should make this crystal clear by passing legislation, such as the First Amendment Defense Act, which explicitly prevents the type of government intolerance that took place in Colorado,” Anderson added.

**

Meet the Lawyer Who’ll Argue at Supreme Court for Christian Baker’s Right to Free Speech

As far back as grade school, Kristen Waggoner’s father taught her to seek God’s purpose for her life.

This paternal counsel, after much prayer, resulted in her knowing her calling at age 13.

But growing up in a small mill town in Washington, she could not have guessed that, little more than 30 years later, she would be a lawyer arguing a widely known case in the nation’s capital before the nation’s highest court.

“My hope is that the court will use this case as an opportunity to say, ‘We’re protecting the liberty of both sides,’” Waggoner says.

The liberal Left continue to push their radical agenda against American values. The good news is there is a solution. Find out more >>

Talk about culminations.

Waggoner will stand Tuesday before the nine justices of the Supreme Court and ask them to protect a Colorado baker’s constitutional right not to be forced by the government to create a custom cake celebrating a same-sex marriage—or any other occasion or sentiment that would violate his traditional Christian faith.

Waggoner, senior counsel at Alliance Defending Freedom, the prominent Christian legal aid organization, represents Jack Phillips. The owner of a family business in Lakewood, Colorado, Phillips became famous for declining to make a cake in July 2012 for two men for a local celebration of their upcoming marriage in Massachusetts.

One way or another, Waggoner has been at Phillips’ side since shortly after he politely turned down the couple’s order of a wedding cake while offering to sell Charlie Craig and David Mullins virtually any other baked good made by his Masterpiece Cakeshop.

The two men left in anger and soon filed a formal complaint, triggering hateful phone calls, death threats, and legal proceedings in Colorado against Phillips.

Those events eventually would intersect with the calling heeded by Waggoner, 45, when she was barely a teenager: defending the rights of religious individuals and institutions in America.

Now, Waggoner finds herself on the verge of making her first arguments before the Supreme Court, on behalf of Phillips, 61, and those she describes as countless other creative professionals committed to living, working, and expressing themselves in line with their faith—or lack of it.

Room for a Different View of Marriage

Phillips and other people of faith are defending their freedom as radical activists and government officials across the country wield nondiscrimination laws on the local and state levels in ways never intended by legislators, Waggoner says:

They’re being used to silence and to punish people who have a different view of marriage. It’s no longer about a government affirming a right and a recognition of same-sex marriage. It’s now about requiring private citizens to affirm that as well—which violates the core convictions of millions of Americans who subscribe to the Abrahamic faiths. It’s not just Christianity, it’s Judaism, Islam.

When the Supreme Court was weighing whether to recognize same-sex marriage in the landmark 2015 case Obergefell v. Hodges, Waggoner reminds, advocates told people of faith that they had nothing to worry about, that their rights would be protected:

I think what’s so alarming is how we’ve gone so quickly from this concept of liberalism to, really, illiberalism. From tolerance to intolerance. … From ‘live and let live’ to … you either affirm my view or you’re branded as a bigot and you lose your business.

How is forcing Phillips to create a cake in violation of his conscience different than forcing an atheist singer to perform at religious service, she suggests, or requiring a Jewish artist to glorify the Holocaust?

Friend-of-the-court briefs in the case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, show that “tons of people” who support same-sex marriage also support Phillips’ right to decline an order, she says.

“And that’s the right position, because that’s freedom for everyone, even those we disagree with. So it does an injustice to the case to suggest this is about same-sex marriage. It’s not. It’s about the right to live and to work and to speak consistent with your convictions, and not have the government tell you what to say.”

‘Part of a Bigger Story’

The Daily Signal’s interview with Waggoner occurs in her final week of preparing in Washington, D.C., for her Supreme Court appearance with fellow ADF lawyers defending Phillips. Among them are Jeremy Tedesco, who has logged many hours on the Phillips case, and her co-counsel, Jim Campbell.

Waggoner’s husband Benjamin is also a practicing attorney back home in Scottsdale, Arizona. Historically, his wife is a Seattle Seahawks fan, but these days relies on their three children—ages 9, 15, and 17—to keep her current with the football team’s progress.

In about an hour, she plans to be on a nightly 7:30 session on FaceTime with her third-grader son, a commitment while she is away.

Waggoner grew up as Kristen Kellie Behrends in Longview, Washington, about two hours south of Seattle and an hour north of Portland.

What she treasures most about her upbringing, Waggoner says, is that she was steeped in consistent values at home, church, and school that shaped her worldview without sheltering her.

Her father taught her from Scripture about “being an Esther, being a Deborah, used by God,” she says, and that “joy and fulfillment come from having a purpose that’s bigger than ourselves.”

“It’s not about us, we’re a part of a bigger story that has to do with helping human flourishing. And that just shaped my whole life, even now.”

A Defining Moment

Clint Behrends, a Christian pastor and educator, was principal of the school his elder daughter Kristen attended from first through 12th grade.

Waggoner has two younger brothers and a younger sister, two of them adopted but born brother and sister. Her mother, Lavonne Behrends, “thrived” at being a stay-at-home mom for the most part, but also worked part time in accounting-related jobs.

Once a teacher in public schools, today her father is a licensed minister in the Assemblies of God denomination. He is associate pastor of Cedar Park Church in Bothell, Washington, and superintendent of an affiliated school system.

Young Kristen would go to the principal’s office to visit her father three or four times a day, sometimes because she got into trouble. In these encounters, he urged her to find and develop her talents, and apply them in a way that would honor God.

And one day, Waggoner recalls, she saw clearly that defending ministries and religious freedom should be her path. Although her “rebellious teenage years” were not yet behind her at 13, she never really looked back, Waggoner recalls in an interview with The Daily Signal.

“That’s what I thought God was impressing on me to do, and it matched with my skill set,” she says. “And it worked out.”

Waggoner’s father was the first college graduate in the family, and she became the second.

By choice, her entire education was in Christian schools. She ran cross country and played volleyball and basketball in high school, where she continued to be a good student and graduated as valedictorian in a class of 21.

She won a drama scholarship to go to Northwest University, a school outside Seattle affiliated with the Assemblies of God. She ended up doing debate, winning some tournaments and “best speaker” awards. She also played volleyball. (“That and the law are my two loves.”)

Then it was on to law school at Regent University in Virginia Beach, where she won “best oralist” and the Whittier Moot Court Competition.

What grabbed her about law?

“I think that the pursuit of justice is something that really motivated me, and taking stands on principles,” she says, adding: “But once you start working with clients and you experience being able to help individuals, when most of the time they’re at their low point, it’s very fulfilling.”

‘On the Tough End’

Right after law school, she clerked for Richard Sanders, a member of the Washington state Supreme Court. She first sought a summer job with him two years earlier because he practiced constitutional law, not knowing he was running for a seat on the court.

“The day I called him to follow up on the status of my resume was the day he was elected to the [state] Supreme Court,” she recalls. “He picked up the phone and talked to me for about 45 minutes.”

Nearly two years later, a few weeks out from graduation and planning to clerk for a federal judge in Virginia, she got a call from the law school saying a justice on the Washington Supreme Court had been looking for her for weeks. Sanders was hiring; she interviewed and got a clerkship there.

The law school graduate proved to be “up for the challenge,” Sanders, now back in private practice, recalls, and she worked hard to “get better and better.”

“This is exactly where she should be, and this is what she does best,” the former judge says of Waggoner’s current role. “I think she realizes that she’s on the tough end of those arguments.”

Sanders, knowing his law clerk’s  interests, proved instrumental in urging her to look into the law firm where she would stay for 17 years.

Ellis, Li & ­­­­­McKinstry had a good reputation for its work in constitutional law in Seattle, not exactly a conservative bastion. It represented many large churches and religious organizations.

Sanders “consistently encouraged” her to go to work there, Waggoner recalls, rather than at a public interest law firm, to gain broader and deeper experience.

“My very first case was a religious liberty case,” Waggoner recalls, “which I don’t think is coincidental.”

‘A Lot Has Changed’

Ellis, Li & ­­­­­McKinstry also happens to be perhaps the nation’s largest private law firm made up of Christian attorneys, partner Keith Kemper tells The Daily Signal.

Kemper describes Waggoner as a tenacious but gracious advocate whose “incredibly strong work ethic” drives her to study up on the case at hand to learn more than her colleagues or opponents.

“She will be better prepared,” says Kemper, who supervised Waggoner in her early years with the firm. “She will know the material backward and forward.” More here from The Daily Signal.

Fed Gov Spent $76 Billion in 2017 for Cyber Security, Fail v Success

Go here for the Forum Part One

Go here for the Forum Part Two

Fascinating speakers from private industry, state government and the Federal government describe where we are, the history on cyber threats and how fast, meaning hour by hour the speed at which real hacks, intrusions or compromise happen.

David Hoge of NSA’s Threat Security Operations Center for non-classified hosts worldwide describes the global reach of NSA including the FBI, DHS and the Department of Defense.

NSA Built Own 'Google-Like' Search Engine To Share ... photo

When the Federal government spent $76 billion in 2017 and we are in much the same condition, Hoge stays awake at night.

With North Korea in the constant news, FireEye published a report in 2017 known as APT37 (Reaper): The Overlooked North Korea Actor. North Korea is hardly the worst actor. Others include Russia, China, Iran and proxies.

Targeting: With North Korea primarily South Korea – though also Japan, Vietnam and the Middle East – in various industry verticals, including chemicals, electronics, manufacturing, aerospace, automotive, and healthcare.
Initial Infection Tactics: Social engineering tactics tailored specifically to desired targets, strategic web compromises typical of targeted cyber espionage operations, and the use of torrent file-sharing sites to distribute malware more indiscriminately.
Exploited Vulnerabilities: Frequent exploitation of vulnerabilities in Hangul Word Processor (HWP), as well as Adobe Flash. The group has demonstrated access to zero-day vulnerabilities (CVE-2018-0802), and the ability to incorporate them into operations.
Command and Control Infrastructure: Compromised servers, messaging platforms, and cloud service providers to avoid detection. The group has shown increasing sophistication by improving their operational security over time.
Malware: A diverse suite of malware for initial intrusion and exfiltration. Along with custom malware used for espionage purposes, APT37 also has access to destructive malware.

More information on this threat actor is found in our report, APT37 (Reaper): The Overlooked North Korean Actor.

** NSA 'building quantum computer to crack security codes ...  photo

Beyond NSA, DHS as with other agencies have cyber divisions. The DHS cyber strategy is found here. The fact sheet has 5 pillars:

DHS CYBERSECURITY GOALS
Goal 1: Assess Evolving
Cybersecurity Risks.
We will understand the evolving
national cybersecurity risk posture
to inform and prioritize risk management activities.
Goal 2: Protect Federal Government
Information Systems.
We will reduce vulnerabilities of federal agencies to ensure they achieve
an adequate level of cybersecurity.
Goal 3: Protect Critical
Infrastructure.
We will partner with key stakeholders
to ensure that national cybersecurity
risks are adequately managed.
Goal 4: Prevent and Disrupt Criminal
Use of Cyberspace.
We will reduce cyber threats by
countering transnational criminal
organizations and sophisticated cyber
criminals.
Goal 5: Respond Effectively to Cyber
Incidents.
We will minimize consequences from
potentially significant cyber incidents
through coordinated community-wide
response efforts.
Goal 6: Strengthen the Security and
Reliability of the Cyber Ecosystem.
We will support policies and activities
that enable improved global cybersecurity risk management.
Goal 7: Improve Management of
DHS Cybersecurity Activities.
We will execute our departmental
cybersecurity efforts in an integrated
and prioritized way.

Related reading:National Protection and Programs Directorate

NPPD’s vision is a safe, secure, and resilient infrastructure where the American way of life can thrive.  NPPD leads the national effort to protect and enhance the resilience of the nation’s physical and cyber infrastructure.

*** Going forward as devices are invented and added to the internet and rogue nations along with criminal actors, the industry is forecasted to expand with experts and costs.

Research reveals in its new report that organizations are expected to increase spending on IT security by almost 9% by 2018 to safeguard their cyberspaces, leading to big growth rates in the global markets for cyber security.

The cyber security market comprises companies that provide products and services to improve security measures for IT assets, data and privacy across different domains such as IT, telecom and industrial sectors.

The global cyber security market should reach $85.3 billion and $187.1 billion in 2016 and 2021, respectively, reflecting a five-year compound annual growth rate (CAGR) of 17.0%. The American market, the largest segment, should grow from $39.5 billion in 2016 to $78.0 billion by 2021, demonstrating a five-year CAGR of 14.6%. The Asia-Pacific region is expected to grow the fastest among all major regions at a five-year CAGR of 21.4%, due to stringent government policies to mitigate cyber threats, and a booming IT industry.

Factors such as the growing complexity and frequency of threats, increasing severity of cyber security, stringent government regulations and compliance requirements, ubiquity of online communication, digital data and social media cumulatively should drive the market. Moreover, organizations are expected to increase IT spending on security solutions and services, as well. Rising adoption of technologies such as Internet of things, evolution of big data and cloud computing, increasing smartphone penetration and the developing market for mobile and web platforms should provide ample opportunities for vendors.

By solution type, the banking and financial segment generated the most revenue in 2015 at $22.2 billion. However, the defense and intelligence segment should generate revenues of $50.7 billion in 2021 to lead all segments. The healthcare sector should experience substantial growth with an anticipated 16.2% five-year CAGR.

Network security, which had the highest market revenue in 2015 based on solution type, should remain dominant through the analysis period. Substantial growth is anticipated in the cloud security market, as the segment is expected to have a 27.2% five-year CAGR, owing to increasing adoption of cloud-based services across different applications.

“IT security is a priority in the prevailing highly competitive environment,” says BCC Research analyst Basudeo Singh. “About $100 billion will be spent globally on information security in 2018, as compared with $76.7 billion in 2015.”