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Democrats eye threats to digital privacy in post-Roe world

Presented by App Security Project: Delivered every Monday by 10 a.m., Weekly Cybersecurity examines the latest news in cybersecurity policy and politics.
Jun 27, 2022 View in browser
 
POLITICO's Weekly Cybersecurity newsletter logo

By Maggie Miller

Presented by App Security Project

With help from Sam Sabin

QUICK FIX

— The Biden administration and Democratic lawmakers are gearing up to tackle new threats to digital privacy following the Supreme Court's decision to overturn Roe vs. Wade.

— A clause in the Senate Intelligence Committee-approved Intelligence Authorization Act will force intelligence contractors to strengthen cybersecurity.

— Cybersecurity and emerging technology-related issues will be in the international spotlight this week as leaders meet at two major summits in Europe.

HAPPY MONDAY, and welcome back to Morning Cybersecurity! I'm your host, Maggie Miller, standing in for Sam Sabin. Social media has been a lot this weekend, so I recommend putting the phone down and doing as much work as possible outside today. It might be hot, but at least it's not dark most of the day (for now).

Have any tips and secrets to share with MC? Or thoughts on what we should track down next? Send what you've got to ssabin@politico.com. Follow along at @POLITICOPro and @MorningCybersec. Full team contact info below. Let's get to it.

 

A message from App Security Project, an initiative of the Taxpayers Protection Alliance Foundation:

In a new letter to Senate leaders, former Trump National Security Advisor Robert O'Brien, former Trump Director of the National Economic Council Larry Kudlow and other senior administration officials express why the threat posed by authoritarian regimes like Russia and China cannot be underestimated. Congress must not weaken U.S. technology companies and Americans' cybersecurity. Read more about how current antitrust proposals would endanger American consumers HERE.

 
Surveillance

PREPARING FOR A DIGITAL ONSLAUGHT — Now that the Supreme Court has overturned Roe v. Wade , Democratic lawmakers, Biden administration officials and abortion rights advocates aren't just struggling with how to protect access to abortions. They're also contending with how to protect the digital footprints of those involved in providing and accessing care.

As Sam writes, digital threats posed to abortion providers, patients and advocates are extensive: Law enforcement has easy access to most cellular data , including geolocation and text messages, and in some cases have already used that data to prosecute pregnant people. Anti-abortion providers have been known to stand up license plate scanners outside of clinics and take down abortion rights groups' websites for days, if not months.

Many of these threats are expected to intensify after the fall of Roe, but abortion rights advocates and providers will tell you these are threats they've known about — and have been preparing for — for years.

So, what comes next?

— For abortion providers, patients and rights advocates : They're preparing for two eventualities. Illegal attacks are their first worry. Cybersecurity experts have said before that abortion clinics and rights groups have been preparing to protect their vast trove of provider data and potential patient data from extremist anti-abortion groups who could try to seize it to inform doxxing campaigns and further online harassment.

The second eventuality is increased law enforcement interest in people's phone data in at least 23 states expected to immediately ban or further restrict abortion access after the Roe decision. Mobile location data can reveal who's been to a clinic, text messages show proof of someone planning to get an abortion and period-tracking apps can indicate whether someone was pregnant at one point. Digital advocates have already released tipsheets with advice for people seeking abortions, as well as for providers and advocates themselves.

— On Capitol Hill: Progressive lawmakers, including Sen. Elizabeth Warren (D-Mass.) and Rep. Sara Jacobs (D-Calif.), have already started introducing bills aimed at stopping third-party data collection and sales of consumer health information in preparation for the Roe decision, but they face tough odds of passing without Republican co-sponsors on either bill.

However, that isn't stopping Democrats from moving on the message. Following the Supreme Court's decision on Friday, noted privacy hawk Sen. Ron Wyden (D-Ore.) tweeted that "Congress must also act to protect Americans' data so it can't become tools of the prosecution in abortion cases."

— In the executive branch: The Biden administration has shown some interest in tackling the digital privacy issues tied to Roe's overturning, but it's unclear if they can be incorporated into any potential executive order. But it's still possible, especially since President Joe Biden told reporters Friday that attempts by governors and state legislators to "control a woman's actions by tracking data on her apps she uses are wrong and extreme and out of touch." In addition, Vice President Kamala Harris met with a handful of privacy and abortion rights experts earlier this month to discuss the digital threats tied to Roe.

 

A message from App Security Project, an initiative of the Taxpayers Protection Alliance Foundation:

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On the Hill

SENATE INTEL TAKES ACTION: The inclusion of language in a major Senate intelligence bill could dramatically strengthen cybersecurity across the U.S. intelligence community.

The 2023 Intelligence Authorization Act, approved unanimously by the Senate Intelligence Committee last week, included a clause putting in place minimum cybersecurity standards across intelligence community networks, including for classified systems. Senate Intelligence Vice Chair Marco Rubio (R-Fla.) told your MC host last week the language also applies to "vendors and operators and subcontractors" working with the intelligence community.

Jim Richberg, a former U.S. national intelligence manager for cyber and current public cybersecurity executive at Fortinet, argued the provision would increase the "collective security" of the U.S. intelligence community, pointing to weaknesses highlighted by members of the intelligence community working remotely in different locations.

"Cyber resilience is essential in this daunting threat environment and having common minimum standards will help agencies work together more effectively," Richberg said.

— Other details: The bill takes additional steps to strengthen the intelligence community's cybersecurity, including improving the hiring process to bring professionals on board faster, and establishing an Office of Global Competition Analysis to help the U.S. stay competitive in the technology space. Richberg said the clauses around hiring were "significant" in order to "ensure that cutting edge commercial cybersecurity capabilities are available to the IC."

— Green light in the Senate: There is strong support for the bill's passage from committee leadership. Senate Intelligence Chair Mark Warner (D-Va.) said in a statement last week that the bill "takes significant steps to promote U.S. technology leadership and cybersecurity," while Rubio told your MC host that the bill "made everything stronger" in the intelligence space, including cyber issues.

GLOBETROTTERS

ACROSS THE POND: Cybersecurity will be addressed at two international summits President Biden is attending this week, highlighting a growing global concern around cyber threats.

Biden is attending the Group of 7, or G7, summit in Germany, and then will then travel to Madrid for Tuesday's NATO Summit. A White House spokesperson said "cybersecurity and emerging tech" will be part of the discussions at both summits, but declined to offer further details ahead of time.

The summit in Madrid will include the adoption of a new "strategic concept" document for NATO, which will outline security threats facing NATO and guide strategies to confront these threats. While the concept will not be made public until the member states have agreed on it, cyber defense is at the top of the agenda of issues to be discussed.

— Past progress: International interest in cybersecurity issues has increased over the past year. The 2021 NATO summit in Belgium included the endorsement of a new cyber defense policy, which affirmed that a cyberattack against one NATO member would be considered an attack against all on a "case-by-case basis." More recently, a top NATO official said the invasion of Ukraine by Russia, and resulting cyberattacks, had massively increased interest by NATO states in securing their own systems.

— American representation: It is unclear what areas of cyber defense the U.S. delegation will become involved in, although the Biden administration has been active in international cybersecurity efforts. Representatives from more than 30 countries participated in a White House ransomware initiative summit last year, and Anne Neuberger, the deputy national security adviser for cyber and emerging technology, represented the U.S. last month at a meeting in Brussels between cybersecurity coordinators from NATO states.

John Kirby, the coordinator for strategic communications for the National Security Council, told reporters at the White House last week that Biden is determined to "advance a democratic vision that will define the coming decades in terms of building fair economy, shaping the rules of the road for tech, cyber, quantum, space, climate change, and a whole lot more."

Vulnerabilities

— MORE CYBER WOES FOR UKRAINE: Ukraine's Computer Emergency Response Team announced Saturday that hacking group UAC-0113 was attempting to compromise Ukrainian telecom operators and service providers by sending malicious emails masquerading as "free legal advice." UAC-0113 was also allegedly responsible for the attempted targeting of Ukrainian media outlets earlier this month, and was previously linked with "medium certainty" by UA-CERT to Sandworm, a hacking group associated with the Russian military.

Tweet of the Day

Rep. Lauren Underwood (D-Ill.) promoted cybersecurity funds included in the proposed 2023 House DHS funding bill, which included almost $3 billion for CISA: " Recent attacks against our cybersecurity infrastructure and growing threats show just how critical it is that we secure this critical infrastructure. My @AppropsDems colleagues and I advanced a funding bill to prevent cyber attacks and keep us safe."

Quick Bytes

— The Federal Trade Commission finalized an order against online retailer CafePress requiring the company to pay $500,000 to impacted small businesses and strengthen data security following a data breach.

—" What's next for virtual abortions post-Roe" (POLITICO)

— Hackers stole the equivalent of $100 million from cryptocurrency firm Harmony (CNN)

—" With Roe overturned, period tracking apps raise new worries" (The Washington Post)

— Napa Valley College hit by a ransomware attack (Napa Valley Register)

—"'An invisible cage': How China is policing the future" (The New York Times)

Chat soon. 

Stay in touch with the whole team: Eric Geller (egeller@politico.com); Konstantin Kakaes (kkakaes@politico.com); Maggie Miller (mmiller@politico.com); Sam Sabin (ssabin@politico.com); and Heidi Vogt ( hvogt@politico.com).

 

A message from App Security Project, an initiative of the Taxpayers Protection Alliance Foundation:

Former senior Trump administration officials spell out for Senate leaders how the proposed antitrust measures in Congress would threaten America's national cybersecurity and global competitiveness – providing a gift to our adversaries. Government overreach in the form of misguided antitrust proposals would place American companies at a structural disadvantage and discard existing safeguards that protect consumers. As China continues to work towards achieving economic, military and technological global dominance, Congress must ensure Americans' devices and our country's cybersecurity are a top priority. These so-called competition bills would have dangerous consequences for the United States and our allies around the world.

Read the new letter from former National Security Advisor Robert O'Brien, former Director of the National Economic Council Larry Kudlow and other senior Trump administration officials HERE.

 
 

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Eric Geller @ericgeller

Maggie Miller @magmill95

Sam Sabin @samsabin923

Konstantin Kakaes @kkakaes

 

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