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Federal court rules Trump election-focused executive order illegal

By: djohnson
25 June 2026 at 12:16

A federal judge in Massachusetts struck down major sections of a Trump administration executive order  that would have restricted mail-in ballots through the U.S. Postal Service and required states to adopt federally approved voter lists.

The ruling Thursday from Judge Indira Talwani of the U.S. District Court of Massachusetts found those parts of the order were unconstitutional, while declaring another section that directs federal law enforcement agencies to investigate and prosecute noncompliant state and local officials legally nonbinding.

Talwani wrote that the U.S. Constitution empowers States and Congress in different roles but “does not grant the President any specific power over elections.”

While the White House has cited the 2002 Help America Vote Act (HAVA) and Civil Rights-era voting laws as justification, Talwani found those laws do not authorize the government to regulate state voter registration practices.

“Notably, nowhere in HAVA does Congress prescribe who should be included on State voter lists,” Talwani wrote. “Further, neither in HAVA nor any other federal statute does Congress authorize the federal government to create their own voting database. Instead, Congress, consistent with the Constitution, has left that authority to the States alone.”

Talwani also declined to remove President Trump and Commerce Secretary Howard Lutnick as named defendants in the suit, rejecting the administration’s argument that the court could not regulate or intrude upon the president’s’ constitutional authority “in the performance of his official duties.”

“Contrary to Defendants assertion, Presidential action is not inherently unreviewable,” Talwani wrote.

The order, issued in March, instructs the Homeland Security secretary, the director of U.S. Citizenship and Immigrations Services and the commissioner of the Social Security Administration to compile lists of American voters for each state, including their supposed citizenship status.

To build the lists, the agencies would rely on the controversial Systemic Alien Verification for Entitlements (SAVE) database that DHS has been building under the Trump administration, as well as Social Security and federal citizenship and naturalization records.

Those lists would then be sent to states, most of which have already refused similar Trump administration efforts to control voter registration.. The order instructs the Department of Justice to investigate  and prosecute  state and local election officials who issue  ballots to ineligible voters. 

The order also requires mail-in ballots to be sent in special barcoded envelopes for tracking. Crucially, it demands states provide lists of voters eligible for mail-in voting, and threatens to deny ballots to states that refuse. It also claims the attorney general is entitled to withhold federal funding from noncompliant states.

Talwani found that states have shown they already have a rigorous voter registration and verification process to ensure non-citizens and other ineligible voters aren’t able to vote in U.S. elections, and have laws in place to investigate and prosecute those who do.

Executive branch lawyers argued the order was merely an internal federal directive that does not impedestate authorities. But Talwani noted that states like Connecticut were already pulling staff from critical activities, such as translating election materials required under the Voting Rights Act, to develop compliance plans for the order.

Nearly half of the states in the lawsuit have already purchased mail-in ballots for this election cycle that are out of compliance with the Postal Service’s envelope and design standards.

Despite a string of losses in the courts and Congress, the White House has continued to assert broad authority over the way states and localities administer elections.

The Department of Justice has sued dozens of states to force them to hand over sensitive voter data. In the 10 cases decided so far, states have won every one.

In their opinions, judges cited the executive branch’s lack of inherent authority to create state voter lists. Others accused the DOJ of misusing Civil Rights-era laws designed to protect Black and minority voters,  creating an “unreliable” database that would disenfranchise  legitimate voters.

The Massachusetts ruling comes to the same conclusion, with Talwani writing “it is clear that the federal agencies charged with compiling Confirmed Citizen Lists lack the ability to create complete and accurate lists of the U.S. citizens residing in every State.”

On Wednesday, Trump canceled a signing ceremony for a bipartisan housing bill in an attempt to pressure  congressional Republicans to pass the SAVE America Act, which would implement many of the same changes to U.S. elections. In a Truth Social post, Trump said he considered passage of the bill to be a “National Emergency.”

The post Federal court rules Trump election-focused executive order illegal appeared first on CyberScoop.

Court rules SAVE database illegal, orders it dismantled

By: djohnson
22 June 2026 at 18:07

A federal court ruled Monday that the Trump administration’s national voter database violates federal privacy laws, interferes with Americans’ right to vote, and must be dismantled.

In the ruling, Judge Sparkle L. Sooknanan of the District Court of Washington D.C. wrote that records reviewed by the court show federal agencies knew that the SAVE voter database violated federal laws like the Privacy Act, the Social Security Act and the Administrative Procedure Act, but were “scrambling” to comply with President Trump’s executive order to create a system for mass voter verification.

That pressure resulted in agencies “haphazardly” combining and repurposing the personal information of millions of Americans from different government databases, including citizenship data they knew was unreliable.

“The Court therefore sets aside and vacates the 2025 SAVE modified system and the related notices because they were contrary to law, arbitrary and capricious, in excess of statutory authority, and without observance of procedure required by law,” Sooknanan wrote.

The League of Women Voters, its local affiliate groups and the Electronic Privacy Information Center filed the lawsuit last year. They argued the administration violated privacy laws that restrict the government’s ability to collect or combine private data without congressional authorization.

Sooknanan wrote that the SAVE database violates a prohibition in the Social Security Act against the disclosure of Social Security numbers and other related SSA records as well as substantive and procedural protections in the Privacy Act, which prevent the non-consensual disclosure of certain information both by federal agencies and between federal agencies and require notice and comment.

The court also ruled that SAVE violates the Administrative Procedures Act, which governs how the federal government develops regulations and makes official decisions to ensure they’re fair and impartial.

Sooknanan had earlier declined to rule the database illegal under the Administrative Procedures Act, saying the plaintiffs had failed to prove the data would cause  irreparable harm. In her final ruling, she changed course, writing that the states have since run their voter rolls through the federal government’s modified SAVE system, and some voters have been wrongfully identified as non-citizens and had their voter registrations canceled.

“All in all, the federal government has knowingly trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote,” Sooknanan wrote. “This Court cannot stand idly by while that happens.”

The ruling reinforces longstanding objections from former government officials and privacy experts over the past year, who have said Congress has repeatedly passed privacy laws explicitly to prevent the executive branch from using Americans’ data in ways not proscribed through law. That is what DHS did last year when it took SAVE, a database meant to process government benefits for legal immigrants, and combined it with data from the Social Security Administration and other agencies to create a new massive database of American voters and their citizenship status.

John Davisson, deputy director of enforcement at EPIC, celebrated the decision in a statement, saying the ruling “underscores that government agencies must follow the law, defend privacy and remain accountable to the public they serve.”

 “Today’s decision is a victory for us all. By halting the illegal consolidation of sensitive personal data across federal agencies, the court has safeguarded not only our privacy rights but also the bedrock of our democracy: the right to vote,” said Davisson. 

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Federal audit reveals NIST’s NVD is plagued by poor planning and duplication

By: Greg Otto
29 May 2026 at 12:07

A Department of Commerce inspector general report released Thursday found that the National Institute of Standards and Technology has mismanaged a critical cybersecurity vulnerability database through poor planning, inefficient operations, duplicate federal programs, and failure to communicate with users.

The National Vulnerability Database, maintained by NIST since 2005, collects information about computer security flaws and adds details like severity ratings and affected products. This information helps cybersecurity professionals across government and the private sector decide which security problems to fix first. In February 2024, the database’s enrichment contract lapsed, creating a backlog of unprocessed security flaws that has only grown worse.

The report identified the lack of strategic planning as a core problem. NIST leaders admitted they had no long-term plan for clearing the backlog, even as it grew from about 13,000 unprocessed security flaws in June 2024 to over 27,000 by the end of 2025.

NIST publicly promised in May 2024 that it would clear the backlog by September 2024, setting a goal of processing 6,200 security flaws per month, but the agency had never processed more than 5,000 per month in the past.

The report found major inefficiencies in how NIST enriches the information that is attached to the vulnerabilities. 

Analysts spend about 80% of their time on two tasks: calculating severity scores and identifying which products are affected. The inspector general’s office tested NIST’s severity scores and found they matched independent evaluators only 12% of the time. Also, nearly 80% of vulnerability submissions already include these scores from the companies that are responsible for the software. This means NIST is doing work that is often unnecessary and inconsistent. The inspector general proposed cutting back on severity score calculation work over the next two years, estimating that NIST would save $800,000 that it could redirect to other program areas.

Another efficiency problem highlighted is the program’s manual process for identifying affected products. Creating these standardized product identifiers takes a lot of time and keeps analysts from clearing the backlog. NIST is developing tools to make this faster, but it remains a major slowdown.

The report also found major duplication between two federal security programs. When the Cybersecurity and Infrastructure Security Agency launched its own Vulnrichment program in May 2024, there was no coordination between the agencies, leading to NIST analysts sometimes repeating work that CISA analysts had already completed. Additionally, the two agencies even hired the same contractor for portions of the same work. The inspector general found at least 21,000 cases of duplicated work between May 2024 and December 2025, wasting approximately $200,000 in the process.  

Communication failures have made the problems worse. In April 2024, over 50 cybersecurity professionals sent an open letter to Congress complaining that NIST was not being transparent about the database’s problems. Neither NIST nor the Department of Commerce answered the letter.

Vulnerability database programs managed by the federal government have been a point of contention for the cybersecurity community over the past two years. Earlier this year, NIST announced that it has narrowed its priorities for the NVD, focusing only on vulnerabilities in CISA’s KEV catalog, software used by the federal government, and critical software identified under Executive Order 14028.

A similar program that serves as a catalog of known security flaws, the Common Vulnerabilities and Exposures (CVE) list, has had similar issues over the past few years. That program, run by CISA, narrowly escaped a sudden demise when a last-minute, 11-month contract extension averted a shutdown in April 2025. Since then, several competing databases from European nonprofits and other private entities have been stood up in order to better coordinate how vulnerabilities are tracked, disclosed, and ultimately patched.

The inspector general recommended that NIST create a long-term plan for the database, set up a plan to clear the backlog with specific goals, cut back on unnecessary severity score work, make it easier for outside companies to help identify affected products, immediately start working with CISA to stop duplicating work, and develop a plan to communicate better with users.

NIST agreed with all six recommendations and said it is working on them. The agency must submit a plan showing how it will address these problems by late July.

You can read the full report here

The post Federal audit reveals NIST’s NVD is plagued by poor planning and duplication appeared first on CyberScoop.

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