Federal courts are upgrading their cybersecurity on a number of fronts, but multifactor authentication for the system that gives the public access to court data poses “unique challenges,” the Administrative Office of the United States Courts told Sen. Ron Wyden in a letter this week.

Wyden, D-Ore., wrote a scathing August letter to the Supreme Court in response to the latest major breach of the federal judiciary’s electronic case filing system. The director of the Administrative Office of the United States Courts responded on behalf of the Supreme Court.

It is “simply not the case” that the courts have, in the words of Wyden, “ignored” advice from experts on securing the Case Management/Electronic Case Files (CM/ECF) system, wrote Robert Conrad Jr., director of the office.

“Substantial planning for the modernization effort began in 2022, and we are now approaching the development and implementation phase of the project,” he wrote in the Sept. 30 letter. “We expect implementation will begin in the next two years in a modular and iterative manner.”

In recent years, the office has been testing technical components on its modernization effort, and is centralizing the operation of data standards to enable security, Conrad said.

Wyden took the office to task for not enabling phishing-resistant multifactor authentication (MFA). Conrad wrote that the office was in the process of rolling out MFA to the 5 million users of PACER, the public case data system.

“The Judiciary has unique challenges in implementing MFA due to the significant diversity of users,” he responded. “PACER users range from sophisticated, high-volume data aggregators and well-resourced law firms to journalists and ordinary citizens, to indigent litigants. All PACER users need access to court records, but some do not have traditional forms of MFA they can use. The design and implementation of our MFA implementation requires consideration of these unique needs.”

Wyden also took issue with the lack of public explanations about the series of court breaches. Conrad wrote that the breaches are “sensitive from both a law enforcement and national security perspective,” and need to be kept confidential, but noted that the courts have briefed congressional Judiciary, Appropriations and Intelligence committees on a classified basis.

“Even after back-to-back catastrophic hacks of the federal court system, Chief Justice [John Roberts] continues to stonewall Congress and cover up the judiciary’s gross negligence that has enabled these hacks,” Wyden said in response to the Conrad letter. “It is long past time for the courts to follow the same minimum cybersecurity standards as the executive branch, but since Chief Justice Roberts and the Judicial Conference refuse to set such requirements, Congress must step in and legislate.”

Court Watch was the first to report on the contents of the letter.

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FBI cyber division cuts under President Donald Trump will reduce personnel there by half, a top Democratic senator warned Tuesday, while FBI Director Kash Patel countered that arrests and convictions have risen under the Trump administration.

A contentious Senate Judiciary Committee hearing dominated by clashes over political violence, Patel’s leadership and accusations about the politicization of the bureau nonetheless saw senators probing the FBI’s performance on cybersecurity.

“My office received information that cuts to the bureau’s cyber division will cut personnel by half despite the ever-increasing threat posed by adverse foreign actors,” said Illinois Sen. Dick Durbin, the top Democrat on the panel. The Trump administration has proposed a $500 million cut for the FBI in fiscal 2026.

Sen. Alex Padilla, D-Calif., said that as the FBI has shifted personnel toward immigration and politically motivated investigations like the Tesla task force, it has undercut other missions. “It has an impact on other priorities, like nation-state threats and ransomware investigations,” he said.

Padilla was one of several Senate Democrats, like Cory Booker of New Jersey and Mazie Hirono of Hawaii, who said the FBI’s cyber mission was suffering because its personnel were being directed elsewhere.

Patel told Hirono that the FBI’s cyber branch was one of the bureau’s “most impressive” units, and that it had made 409 arrests, a 42% increase compared to the same period last year, and garnered 169 convictions.

As Padilla questioned him about the FBI’s mission to protect against election interference and the Justice Department ending the Foreign Influence Task Force, Patel answered that the FBI did not “in any way divert or reallocate resources from that critical mission set.” He said it was still working on it through its cyber programs, which had seen a “40, 50, 60%” increase in arrests in cyber threat cases involving critical infrastructure and interference with elections.

Patel said he hadn’t shifted any resources away from any critical missions like terrorism toward things like Tesla vandalism or sending federal personnel to cities like Washington, D.C. “They never left their primary job,” he said. “It is a surge in law enforcement.”

Hirono asked Patel to say who had replaced top officials who had exited the cyber division, but he said only that they were “supremely qualified individuals” and wouldn’t give their names “so you can attack them.” Hirono replied, “you don’t know” when he wouldn’t say who they were.

More broadly, Patel said the FBI was taking the fight to Chinese threat groups like Salt Typhoon and Volt Typhoon, and going after ransomware and malware attackers.

Sen. Amy Klobuchar, D-Minn., said she was concerned about a rise in artificial intelligence-generated election interference, including materials directed at her. Patel said the FBI was looking into it, but that the culprits appeared to be “loose groups overseas, without any central cluster.”

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