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Congress kicks the can down the road on surveillance law (again)

Congress extended a controversial surveillance law for 45 days on Thursday, hours before its latest expiration following an earlier extension.

The Senate passed — then the House cleared — a 45-day extension of Section 702 of the Foreign Intelligence Surveillance Act, which authorizes warrantless surveillance of foreign targets. But those targets are sometimes communicating electronically with Americans, and intelligence officials can search the database using their identifying information, which has long given privacy groups and privacy-minded lawmakers heartburn.

The 45-day reprieve gives lawmakers more time to hammer out a lasting deal, and comes after the leaders of the Senate Intelligence Committee agreed to send a letter to the Director of National Intelligence and attorney general, seeking swift declassification of a letter on a classified ruling from the Foreign Intelligence Surveillance Court.

Sen. Ron Wyden, D-Ore., had sought release of that opinion, and had resisted giving unanimous consent for the latest short-term extension to move forward until Senate Intelligence Chairman Tom Cotton, R-Ark., and top panel Democrat Mark Warner of Virginia agreed to send the letter.

A declassification review was already underway, but the Cotton-Warner letter states that “We expect that this declassification review will be completed and the FISC opinion released publicly within 15 days,” according to Wyden, speaking on the Senate floor.

The March 17 opinion reportedly came with annual recertification of the warrantless surveillance program. The Justice Department is appealing that ruling because it blocked them from using certain tools to analyze communications.

“A few weeks ago, the Foreign Intelligence Surveillance Court found major compliance problems related to the surveillance law known as section 702,” Wyden said earlier this month. “These compliance problems are directly related to Americans’ Constitutional rights.”

Senate Majority Leader John Thune, R-S.D., said the extension will give lawmakers additional room to hold “discussion on reforms.”

The House this week had passed a 3-year reauthorization with some changes to the surveillance program, but key to doing so was leadership’s agreement to attach legislative language on a separate matter that would ban a central bank digital currency. Thune had said that language was going nowhere in the Senate.

On Thursday, the House voted 261-111 to extend the law for 45 days. President Donald Trump has sought a “clean” 18-month reauthorization of the surveillance powers.

The extension continues a perennial ritual for the Hill when it comes to Section 702: A deadline looms, and Congress kicks the can down the road repeatedly.

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Surveillance campaigns use commercial surveillance tools to exploit long-known telecom vulnerabilities

Campaigns employing commercial surveillance vendors tracked targets by exploiting mobile phone network vulnerabilities in what researchers said Thursday was the first-ever linking of “real-world attack traffic to mobile operator signalling infrastructure.”

The two unknown parties behind the campaigns mimicked the identities of mobile phone operators with customized surveillance tools, and manipulated signaling protocols and steered traffic through network pathways to hide, according to research from the University of Toronto’s Citizen Lab.

“Our findings highlight a systemic issue at the core of global telecommunications: operator infrastructure designed to enable seamless international connectivity is being leveraged to support covert surveillance operations that are difficult to monitor, attribute, and regulate,” a report published Thursday reads.

“Despite repeated public reporting, this activity continues unabated and without consequence,” Gary Miller and Swantje Lange wrote for Citizen Lab. “The continued use of mobile networks, built on a close inter-operator trust model and relied upon by users worldwide, raises broader questions for national regulators, policymakers, and the telecom industry about accountability, oversight, and global security.”

The attackers relied on identifiers and infrastructure associated with operators around the world, including networks based in Cambodia, China, the self-governing Island of Jersey, Israel, Italy, Lesotho, Liechtenstein, Morocco, Mozambique, Namibia, Poland, Rwanda, Sweden, Switzerland, Thailand, Uganda and the United Kingdom.

They shifted between SS7 and Diameter protocols, the signalling protocols known for 3G and 4G/most of 5G, respectively, according to the report. While Diameter was meant to be more secure than SS7, the Federal Communications Commission in 2024 opened a probe into both its vulnerabilities and SS7’s, and Sen. Ron Wyden, D-Ore., has asked for a Cybersecurity and Information Security Agency report about telecommunications vulnerabilities rooted in both protocols.

But identifying the vendors used in the two surveillance campaigns, or who was behind them, was beyond the researchers’ reach.

“The reality is that there are a number of known surveillance vendors and bad actors in this space, but given the opaque nature of telecommunications signalling protocols, those vendors are able to operate without revealing exactly who they really are,” Ron Deibert, director of Citizen Lab, wrote in his newsletter. “Much of the malicious things they are doing blend into the otherwise voluminous flow of billions of normal messages and roaming signals. They are ‘ghost operators’ within the global telecom ecosystem.”

One of the operators mentioned in Citizen Lab’s report, Israel-based 019 Mobile, wrote back that it didn’t recognize the hostnames referenced in the report as 019 Mobile’s network nodes, and couldn’t attribute the signaling activity it represents to 019 Mobile-operated infrastructure.

Another operator, Sure, said it has taken preventative measures to defend against misuse.

“Sure acknowledges that digital services can be misused, which is why we take a number of
steps to mitigate this risk,” CEO Alistair Beak said in a statement to CyberScoop. “Sure has implemented several protective measures to prevent the misuse of signalling services, including monitoring and blocking inappropriate signalling. Any evidence or valid complaint relating to the misuse of Sure’s network results in the service being immediately suspended and, where malicious or inappropriate activity is confirmed following investigation, permanently terminated.”

019 Mobile and a third operator, Tango Networks UK, didn’t respond to requests for comment from CyberScoop. The Citizen Lab report afforded some grace to the operators.

“It is important to note that the operator signalling addresses observed in the attacks do not necessarily imply direct operator involvement,” it states. “In some cases, access to the signalling ecosystem can be obtained through third-party providers, commercial leasing arrangements, or other intermediary services that allow actors to send messages using operator identifiers from legitimate networks.”

Updated 4/24/26: to include quote from Alistair Beak.

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Sean Plankey nomination to lead CISA appears to be over after Thursday vote

Sean Plankey’s nomination to lead the Cybersecurity and Infrastructure Security Agency looks to be over following his exclusion from a Senate vote Thursday to move forward on a panel of Trump administration picks.

Multiple senators placed holds or threatened holds on his nomination, some related to cybersecurity. But the hold from Sen. Rick Scott, R-Fla., appeared to be the biggest hurdle. With Plankey’s exclusion from the resolution to advance a bevy of nominees that got a key vote Thursday, procedural issues make it unlikely that he will be the nominee going forward, sources told CyberScoop. The administration would have to re-submit his name for nomination next year.

Scott’s hold was related to Department of Homeland Security Secretary Kristi Noem partially terminating a Coast Guard cutter program contract with Florida-based Eastern Shipbuilding Group, multiple sources told CyberScoop. The Government Accountability Office issued a critical report on the program.

While awaiting confirmation, Plankey, a 13-year Coast Guard officer, has been serving as senior adviser to the secretary for the Coast Guard

A spokesperson for Scott did not respond to a request for comment Thursday, and did not confirm information about his hold when asked for comment in recent weeks.

Sen. Ron Wyden, D-Ore., also had said he would place a hold on Plankey’s nomination until CISA released an unclassified report on telecommunications network security. CISA said in July it would release the report, but as of Thursday, the agency had not publicly done so.

North Carolina’s GOP senators, Ted Budd and Thom Tillis, also had placed a hold on DHS nominees over disaster relief funding for the state.

A single senator’s ability to hold up the nomination process made Plankey’s inclusion in a broader package  his best chance for advancing.

Plankey’s nomination had broad backing within the cybersecurity community. Backers have frequently called on the Senate to confirm him for CISA director.

Some Democratic senators voted against his nomination after a Senate Homeland Security and Governmental Affairs Committee hearing in July, however, where he faced tough questions from them about election security and the slashed workforce at the agency.

Bridget Bean, since departed from CISA, and Deputy Director Madhu Gottumukkala have served as acting director of the agency since the departure of Jen Easterly in January as the Biden administration ended. The agency is poised to go without a Senate-confirmed leader heading into a year where the Trump administration plans to kick off implementation of a national cybersecurity strategy.

The Trump administration has pulled back a historic number of nominees so far this year. But the Senate in September also confirmed 48 nominees all at once following a rules change intended to overcome Democratic objections to his picks.

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