The Cybersecurity and Infrastructure Agency wants to fundamentally reevaluate how it prioritizes risks and vulnerabilities, both for privately-owned critical infrastructure and within the federal government, acting director Nick Andersen said Tuesday.

The plans include a binding operational directive for federal agencies set to be published Wednesday and getting more specific with critical infrastructure owners and operators about which assets they need to protect most and how, Andersen said while speaking at an event hosted by Axonius in Washington, D.C. and talking with reporters afterwards.

The binding operational directive looks to revise how federal agencies do vulnerability management, he said. “Overall, our approach to date has been ‘A patch is released, apply this patch as quickly as you can,’” he said.

“We’re really asking people to take more of a focus on risk associated with each vulnerability. Is it with an asset that is internet-exposed? Does it align to a KEV entry?” he said, referring to CISA’s list of known exploited vulnerabilities. “Is it automatable in its exploitation? Really, we need to be able to highlight that some patches just aren’t as important as others, and plugging the holes for some vulnerabilities is simply not as important as others.”

Andersen said he has made setting the right priorities the focus of his tenure.

“We have to be okay with saying there are some systems that are less important than others, there are some elements of critical infrastructure that are less important than others,” he said. “Those things are very easy for us to rationalize [for] physical crises, but we need to start wrapping our minds around how we’re going to do that during cyber crises.”

Andersen said artificial intelligence-enhanced threats have fueled the directive in part, based on “a recognition that we’re a different dynamic environment with the shorter timeline to weaponization and exploitation,” but the discussions on the directive have been going on for months, before the splashy announcements about frontier AI models and the risks they might deepen. Wednesday’s directive is unrelated to the AI-focused executive order released by the Trump administration last week.

The idea of prioritizing certain potential hacking targets over others isn’t a new one in critical infrastructure, with concepts like “Section 9” designations under a 2013 executive order for entities whom an attack upon could have catastrophic effects; “systemically important critical infrastructure” designations, as recommended by the Cyberspace Solarium Commission; or the creation of the National Risk Management Center established during President Donald Trump’s first term but now the subject of proposed budget cuts.

Andersen said past concepts haven’t worked well, citing Section 9 designations as an example.

“We would sit here and say, ‘Congratulations, you’re with this company, and you’re a Section 9 entity, isn’t that fantastic?’” he said. “That’s really not the level of fidelity that we have to be able to get to to have a real measurable conversation about risk. I need to be able to go to a company and say, ‘Here’s the specific function you’re supporting that makes you more critical. Let’s have a conversation about the specific assets that support that function, and how do we get to a measurable level of resilience for those assets?’”

Those discussions need to get down to a “fine grain,” Andersen said.

“If I’ve got a major bank that I’m talking to, is it as important to me that the bank’s process that supports the bulk payment system is resilient, or is it just as important to me that the branch location two blocks away is continuing to operate?” he said. “Those things just are apples and oranges, even though it’s the same entity that might be affected.”

CISA’s capabilities under the Trump administration have drawn considerable scrutiny, given deep budget cuts at the agency, with more planned. The administration is now making moves to hire back personnel.

Andersen said the agency is working to hire 329 people, and will have job offers out to 182 of them by the end of June. He said the emphasis of the first tranche of hires under the hiring sprint is operational capabilities, meaning areas like emergency communications, infrastructure security and regional personnel.

The agency also has had some of its work hampered by the government shutdowns, such as the delay in plans for town-hall meetings about implementation of the Cyber Incident Reporting for Critical Infrastructure Act of 2022, which will require key owners and operators to report major incidents within 72 hours.

Andersen said he couldn’t set a date for finalization of regulations related to the law — which had already been delayed prior to any funding lapses — with those town halls now scheduled to begin next week.

“We could have a lot of comments that come to us and really radically change our way of thinking about what the need is here,” he said. “But our focus is just on what’s the original congressional intent behind CIRCIA. what is the greatest need that we’re going to be able to serve, and how it’s going to be able to further the mission that we have for the nation.”

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A House Democrat who’s been at the forefront of congressional efforts to scrutinize the federal government’s use of commercial spyware wants the Commerce Department to brief Capitol Hill amid apprehension that the Trump administration might further embrace the technology.

Rep. Summer Lee, D-Pa., sent a letter to the department Thursday seeking a briefing on several developments stemming from Immigration and Customs Enforcement acknowledging its use of Paragon’s Graphite spyware, as well as an American company purchasing a controlling stake in Israel’s NSO Group. The Commerce Department sanctioned NSO Group under former President Joe Biden after widespread abuse allegations, including eavesdropping on government officials, activists and journalists.

“The Trump Administration appears to be broadly receptive to using commercial spyware to infiltrate cell phones and allowing U.S. investment in sanctioned spyware companies like NSO Group,” Lee wrote in her letter to Commerce Secretary Howard Lutnick, which CyberScoop is first reporting.

NSO Group’s new executive chairman, David Friedman, is a former Trump ambassador to Israel and was his bankruptcy attorney. He has said in November that he expects the administration will be “receptive” to using NSO Group tech.

“Given those close ties between NSO Group and the Trump Administration, and the serious concerns about how NSO’s technology could be used to spy on Americans, we write to request information regarding the purchase of NSO Group by an American company and the potential usage of NSO Group spyware by federal law enforcement,” wrote Lee, who sits on the Oversight and Government Reform panel and is the top Democrat on its Federal Law Enforcement Subcommittee.

Lee was one of the authors of a recent Democratic letter seeking confirmation of ICE’s use of Paragon’s Graphite, which ICE acknowledged. But they criticized the administration for not answering all their questions, in addition to being outraged.

In her latest letter, Lee asked the Commerce Department to brief Oversight and Government Reform Committee staff about internal department deliberations, Commerce communication with the White House and any outside conversations — including with Friedman — about government use of NSO Group technology or any other commercial spyware, and American investment in NSO.

NSO Group “appears to view the Trump administration as friendly to its interests in the United States, pitching itself as a vital tool for the U.S. government to safeguard national security,” Lee wrote, citing company court filings that it “is reasonably foreseeable that a law enforcement or intelligence agency of the United States will use Pegasus.”

The Biden administration sanctions, and court losses in a case against Meta, represented setbacks for NSO Group’s ambitions. And prior to the U.S. investment firm controlling stake purchase last fall, the Commerce Department under Trump rebuffed efforts to remove NSO Group from its sanctions list.

But the tens of millions of dollars worth of investment, following news that Israel had used Pegasus to track people kidnapped or murdered by Hamas, was a boon.

NSO Group maintains that its products are designed only to help law enforcement and intelligence fight terrorism and crime, and that it vets its customers in advance as well as investigates misuse. News accounts and other investigations have turned up a multitude of abuses.

There have been scattered reports of U.S. flirtation with using NSO Group technology. The FBI acknowledged it had bought a Pegasus license, but stopped short of deploying it. The Times of London reported that “it is believed” the Central Intelligence Agency used Pegasus spyware as part of a rescue mission last month for a U.S. airman downed in Iran.

You can read the full letter below.

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