Amidst a continuing increase in national security-related cyber attacks and intrusions targeting America, the National Security Division (NSD), in partnership with the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and U.S. Attorney’s Offices across the country, last week launched a new, nationwide program focused on combating cyber-based terrorism and state sponsored computer intrusions. 

Federal prosecutors from around the country convened at Justice Department headquarters from November 7-9 for the inaugural meeting of the National Security Cyber Specialists – or NSCS – network, to receive specialized training and discuss new strategies for combating cyber threats to national security.  The NSCS network, which consists of nearly 100 prosecutors from U.S. Attorney’s Offices nationwide and cyber experts from NSD and CCIPS, is a new tool in the government’s cyber tool kit and a critical part of the department’s efforts to better address cyber intrusions and attacks carried out by nation states or terrorist organizations.

Where attacks against America’s digital infrastructure were once primarily the work of criminal hackers and others seeking profit or acclaim, today, national security threat actors are also increasingly looking for opportunities to exploit cyberspace to achieve their objectives.  Numerous sophisticated state actors are known to be using the internet for espionage and cyber intrusions targeting America’s vital military and economic secrets.  And while terrorists have yet to launch a major cyber attack against this country, they have already used the internet to facilitate bomb plots  against the United States, and have exhorted individuals with cyber expertise to exploit U.S. cyber vulnerabilities — weaknesses they liken to the vulnerability of U.S. airline security before September 11.

Lisa Monaco, Assistant Attorney General for National Security, said at a cyber conference last month in Seattle:

 “We often think of national security threats, like that of a catastrophic terrorist attack, as questions about prevention. But the cyber threat is not simply looming – it is here.  It is present and growing.”

The NSCS network is a creation of the Justice Department’s NSD, working in partnership with CCIPS, the Cybercrime and Intellectual Property Enforcement Subcommittee of the Attorney General’s Advisory Committee, and the U.S. Attorney community.  Recognizing the emerging cyber threat from nation states and terrorists, and building on the groundwork laid by CCIPS and the Computer Hacking and Intellectual Property coordinators in combating cyber crimes, last year NSD undertook a comprehensive review of its cyber-related efforts to determine how it could contribute most to U.S. efforts to combat cyber threats to national security. 

In April 2012, the division completed its review and charted short- and long-term goals, which included as a top priority the creation of a nationwide network of headquarters and field personnel trained and equipped to handle national security-related cyber issues.  In June of this year, NSD established the NSCS at Justice Department headquarters by bringing together individuals from across NSD and CCIPS to work collaboratively on cyber national security issues and to serve as a one-stop shop for prosecutors and agents around the country when they learn of national security-related cyber intrusions and for reporting from private sector entities.  The headquarters component of the network is intended to harness talent and expertise from across the Department to attack these problems from all angles and identify possible case overlaps and potential leads. 

To build upon the steps taken at headquarters, in July 2012, each of the 93 U.S. Attorney’s Offices designated one or more cleared attorneys to act as force multipliers, broadening the network’s reach.  U.S. Attorneys will also play a critical role in the network, leading the engagement of their particular districts.  Drawing on the FBI’s Joint Terrorism Task Force model, which has been successful in the counterterrorism realm, this network will improve the flow of national security cyber information to and from offices around the country.

To equip this large cyber cadre in how to best address these new threats, the department has developed and carried out extensive training.  Last week’s inaugural NSCS conference covered topics ranging from digital evidence, to the Foreign Intelligence Surveillance Act, to current threat trends, to common challenges in combating national security cyber threats specifically.  Underscoring the importance of this mission, Attorney General Eric Holder, FBI Director Robert Mueller, Assistant Attorney General Monaco, and others from the department and the FBI addressed the network throughout the three-day conference.  This event followed specialized training by NSD and CCIPS in October for all members of the NSCS network at Justice Department headquarters, and a more general training on basic cyber issues for approximately another 100 headquarters attorneys.

With the network built, the department will be able to accelerate some of the national security cyber work that has been ongoing since NSD’s cyber review.  In particular, the network will help strengthen partnerships between the department and agencies across the U.S. government, including the Department of Homeland Security, the Department of Defense, and various elements of the Intelligence Community.  The network also will work particularly closely with the FBI’s National Cyber Investigative Joint Task Force (NCIJTF) to help preserve all intelligence collection, prevention, disruption and response options for cyber national security threats.  NSD has already installed a dedicated liaison to NCIJTF.  In addition, the NSCS network will be increasing its outreach to the private sector to engage businesses and individuals in the cyber discussion and help prevent attacks and intrusions.  Through these private sector alliances, the network will gain a better understanding of private sector cyber security concerns.

Going forward, the NSCS network is focused on ensuring a whole-of-government and all-tools approach to combating cyber threats to national security.  The network will be working to bring investigations and prosecutions as viable options for deterrence and disruption as part of the government-wide response to these threats.  The network will also be advising and consulting other parts of the government in the use of additional tools to counter these threats.

As Assistant Attorney General Monaco stated last month in Seattle:

 “The diversity of cyber threats and threat actors demands a diverse response.  This nation has many tools – intelligence, law enforcement, military, diplomatic, and economic – at its collective disposal, as well as deep and diverse expertise.  The trick is in harnessing our collective resources to work effectively together.” 

Through the creation of the NSCS network, the department is ensuring that the full power of its collective resources is brought to bear against national security cyber threats.

The following post appears courtesy of the U.S. Attorney’s Office for the Western District of Washington. 

Speaking at the 2012 Cybercrime Conference hosted by U.S. Attorney Jenny A. Durkan of the Western District of Washington, the head of the Justice Department’s National Security Division, Assistant Attorney General Lisa Monaco, reiterated to an audience that threats posed through cyberspace are expected – in the not too distant future – to become the number one threat to our nation’s security.

In the lead panel entitled “Cyberthreats and National Security: A Convergence,” Assistant Attorney General Monaco described how the internet is being used not only to facilitate bomb plots and other terrorist operations targeting the United States, but is also being used for espionage and cyber intrusions aimed at obtaining American economic, commercial or trade secrets. 

Assistant Attorney General Monaco:

“There is no such thing as a local cybercrime. The hacker has probably touched three continents before he skims your bank account.”

U.S. Attorney Durkan spoke about the evolving threat of cybercrime, and about the steps taken by the Justice Department and their international partners:

“Cyber threats are rapidly evolving.  They impact our daily lives, our economy and our personal and national security.  We will use every means to detect, disrupt and defend against this growing problem. Fortunately, we are bringing the right people with better tools to the fight.  To confront the cyber threats we need to ensure that law enforcement, private industry and our international partners are sharing information, working together and coordinating responses.” 

Both Hugh Dunleavy, Deputy Assistant Director of the U.S. Secret Service, and James Burrell, Deputy Assistant Director of the FBI’s Cyber Division, described how “hackers for hire” can be used by nation states to attack the U.S. and American industries.  Most of the data breaches occur through servers and more than two-thirds of the breaches are traced to hackers in Europe.  All the members of the panel agreed it is critical to have international relations in place to be able to investigate and prosecute cyber criminals.

U.S. Attorney Durkan is Chair of a department committee on Cybercrime and Intellectual Property Enforcement.  The Cybercrime Conference is an annual event bringing together leaders in technology from the private sector, government and law enforcement.

The conference, held in Seattle last week, was attended by more than 200 people and touched on a variety of issues.  Some of the panel discussions are summarized here:

In Privacy Under Attack: Government or Industry, and the Need for a Privacy Bill of Rights, five experienced panelists discussed the changing landscape of privacy rights and protections in an age dominated by social media and mobile devices filled with apps that collect users’ personal information.  While the panelists all agreed that “Big Data” is a modern reality, they debated how to best maximize its uses while minimizing intrusions on personal privacy.  The debate included a robust discussion of how and when consumers should be notified that their information is being gathered, and how their consent should be obtained to use that information.

In Computer Searches in the New Millennium: the Collision between the Fourth Amendment and Computer Forensics, the panel reviewed the Ninth Circuit’s landmark decision in United States v. Comprehensive Drug Testing, and debated the need for special rules governing the execution of search warrants on computers, and whether such rules are required under the Fourth Amendment.  The panel also discussed the efficacy and practicality of such rules in the context of computer forensics.

In Getting Ahead: Joint Cooperation in Response to and Prevention of Cyberthreats, panelists discussed implementing better methods of sharing information between researchers, law enforcement, and industry in an effort to assist in identifying threats, mitigating the harm caused by cyberattacks, and bringing the wrongdoers to justice, with a special focus on several of the practical and legal limitations on such information sharing. 

For more information on cyber crime, visit the FBI Cyber Crime Information web page or File a Complaint with the Internet Crimes Complaint Center.

This morning, at a press conference held at The Department of Justice, Attorney General Eric Holder, on behalf of The Departments of Justice and Defense, announced forum decisions for 10 Guantanamo Bay detainees.

Watch the video:

Transcript (PDF)

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