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House Dems seek info about ICE spyware contract, wary of potential abuses
Three House Democrats questioned the Department of Homeland Security on Monday over a reported Immigration and Customs Enforcement contract with a spyware provider that they warn potentially “threatens Americans’ freedom of movement and freedom of speech.”
Their letter follows publication of a notice that ICE had lifted a stop-work order on a $2 million deal with Israeli spyware company Paragon Solutions, a contract that the Biden administration had frozen one year ago pending a review of its compliance with a spyware executive order.
Paragon is the maker of Graphite, and advertises it as having more safeguards than competitors that have received more public and legal scrutiny, such as NSO Group’s Pegasus, a claim researchers have challenged. A report earlier this year found suspected deployments of Graphite in countries across the globe, with targets including journalists and activists. WhatsApp also notified users this year about a Paragon-linked campaign targeting them. The tool can infect phones without its target having to click on any malicious lure, then mine data from them.
“Given the Trump Administration’s disregard for constitutional rights and civil liberties in pursuit of rapid mass deportation, we are seriously concerned that ICE will abuse Graphite software to target immigrants, people of color, and individuals who express opposition to ICE’s repeated attacks on the rule of law,” the three congressional Democrats, two of whom serve as ranking members of House Oversight and Government Reform subcommittees, wrote Monday.
The trio behind the letter are Reps. Summer Lee of Pennsylvania, top Democrat on the Subcommittee on Federal Law Enforcement; Ohio Rep. Shontel Brown, ranking member of the Subcommittee on Cybersecurity, Information Technology and Government Innovation; and Rep. Yassamin Ansari of Arizona.
Their letter pointed to two Supreme Court rulings — Riley v. California from 2014 and Carpenter v. United States from 2018 — that addressed warrantless surveillance of cellular data. “Allowing ICE to utilize spyware raises serious questions about whether ICE will respect Fourth Amendment protections against warrantless search and seizure for people residing in the U.S.,” the lawmakers wrote.
The trio also asked for communications and documents about ICE’s use of spyware, as well as legal discussions about ICE using spyware and its compliance with the 2023 Biden executive order. They also sought a list of data surveillance targets.
ICE’s surveillance tactics have long drawn attention, but they’ve gained more attention in the Trump administration, which has sought to vastly expand the agency. ICE has conducted raids that have often swept in U.S. citizens. Other federal contracting records have pointed to ICE’s intentions to develop a 24/7 social media surveillance regime.
DHS and ICE did not immediately answer requests for comment about the Democrats’ letter. ICE has not provided answers about the contract in other media inquiries.
404 Media is suing for information about the ICE contract.
The post House Dems seek info about ICE spyware contract, wary of potential abuses appeared first on CyberScoop.
Today’s reminder that what your interactions with ChatGPT may be stored
Federal judiciary touts cybersecurity work in wake of latest major breach
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.
The post Federal judiciary touts cybersecurity work in wake of latest major breach appeared first on CyberScoop.
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