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Police Use of Phony Cellphone Towers Needs to be Reined In, Lawmakers warn
Congress should pass legislation to ensure that phony cellphone towers police use to locate criminals and fugitives are used consistently across the country, according to a bipartisan congressional report released Dec 19. In the absence of those laws, the Justice and Homeland Security departments should refuse to approve the sale of those devices, known as “cell-site simulators” or “stingrays,” to state and local law enforcement unless they agree to abide by current federal rules, according to the staff report from the House Oversight and Government Reform Committee.
The report is the result of a year-long staff investigation into stingrays, which federal law enforcement agencies frequently used to track criminals without warrants and using a standard lower than probable cause prior to policy shifts in September and October 2015. Those lower standards are still used by many states and localities, according to the report, which determined “the use of cell-site simulators by state and local law enforcement agencies was not governed by any uniform standards or policies.”
Forrester Revises US Tech Forecast Negatively for Trump Presidency
Forrester Research expects the US tech sector will grow less under President-elect Donald Trump than it would have under Democratic nominee Hillary Clinton. Forrester reworked its 2017 US tech market projections after Trump’s November victory because it anticipated a Clinton victory with more predictable policies similar to the last eight years under President Barack Obama. Forrester still expects the US tech sector to grow under Trump by 4.3 percent up to $1.49 trillion in 2017, compared to $1.44 trillion spent on goods, services and staff in 2016. Forrester’s pre-election forecast anticipated a 5.1 percent jump under an incoming Clinton administration, up to $1.51 trillion.
“Our pre-election forecast for the US tech market assumed the election of Hillary Clinton as president and the continuation of the Obama administration's policies,” said Forrester Vice President and Principal Analyst Andrew Bartels, the author of the report. “The election of Donald Trump as president introduces significant but still undefined shifts in the US economy's direction.”
Senate Passes OPEN Government Act
The Senate has passed legislation that would require agencies to make more data available to the public in a machine-readable format. The Open, Public, Electronic and Necessary Government Data Act, or the OPEN Government Act (S 2852), mandates federal agencies, when "not otherwise prohibited by law," make data available in a way that does not "impede use or reuse." It must also be free to the public, "with no restrictions on copying, publication, distribution, transmittal, citing, or adaptation."
That news comes shortly after various watchdog groups concluded agencies might miss the deadline in implementing another transparency-themed effort: the 2014 Digital Accountability and Transparency Act. That act requires major federal agencies to publish their spending data online, also in a format easily accessible to the public.
President-elect Trump Appoints Legislative Cyber Leaders to Transition Team
President-elect Donald Trump named a trio of congressional cyber leaders to his transition team, including House Intelligence Chairman Devin Nunes (R-CA). The appointments could give some indication of a serious cyber focus for the incoming Trump Administration, whose cyber positions have been largely opaque.
Rep Nunes, who co-sponsored the House version of cyber information sharing legislation that became law in 2016, has been floated as a possible successor to James Clapper as director of national intelligence. Rep Nunes has led the intelligence committee since the beginning of the current Congress. He will serve on the transition team’s executive committee. Rep Marsha Blackburn (R-TN) will serve as a vice chair of the transition team. Rep Blackburn is vice chairwoman of the House Commerce Committee and co-sponsor of a bill that would create a national standard securing customer data and a standard benchmark for when companies must notify customers about a breach. Also on the executive committee is Rep Tom Marino (R-PA) who serves on the House Homeland Security Committee panel with responsibility for cybersecurity.
Tech, Security Sectors Fear Renewed Crypto Fights Under Trump
As President-elect Donald Trump fills out national security and law enforcement posts in his new cabinet, the future of encryption may hang in the balance. On the campaign trail, the president-elect was a committed foe of cop-proof encryption systems that shield customer communications even from the communications provider. Most prominently, he urged supporters to boycott Apple over the company’s refusal to help the FBI bypass a security feature that prevented cracking into the encrypted iPhone used by San Bernardino shooter Syed Farook.
Supporters of strong encryption are also aware the president-elect has reined in some of his more controversial positions. They’re watching closely to see if his encryption stance may soften once he’s in the White House. “I think that’s going to be a prominent topic for a lot of the individuals engaged with the new administration, to make sure there’s a full understanding of the impact [of the encryption debate],” Ann Barron-DiCamillo, former director of the Homeland Security Department's Computer Emergency Response Team told Nextgov. “Understanding that impact and not just talking about it during a campaign is a very different place.”
Sens Wyden, Coons Slam DOJ Reply on FBI Hacking Power Expansion
Sens Ron Wyden (D-OR) and Chris Coons (D-DE) slammed the Justice Department for ducking lawmakers’ questions about an upcoming expansion of FBI hacking powers.
Sens Wyden and Coons were among 11 senators and 12 House members who queried DOJ about the hacking powers expansion in Oct. The department’s reply, which arrived Nov 22, should be “a big blinking warning sign about whether the government can be trusted to carry out these hacks without harming the security and privacy of innocent Americans’ phones, computers and other devices,” Sen Wyden wrote. Sens Wyden and Coons are also cosponsors of a bipartisan bill that would put a nine-month hold on the powers expansion, which will go into effect Dec 1 unless Congress intervenes. The expansion is an update to Rule 41 of the Federal Rules of Criminal Procedure. Under the revised rule, a federal judge would be able to issue a warrant allowing police to hack into computers in multiple judicial districts rather than just the district in which that judge presides. Judges could also issue warrants to search a computer or device when the user has masked the device’s location.
President-elect Trump Pledges DOD-Led Plan to Protect Vital Infrastructure from Cyberattack
President-elect Donald Trump will ask the Defense Department and the chairman of the Joint Chiefs of Staff “to develop a comprehensive plan to protect America’s vital infrastructure from cyberattacks and all other form of attacks,” according to a video posted Nov 21. President-elect Trump included the plan in a list of “executive actions we can take on day one to restore our laws and bring back our jobs.” Other items on the list included withdrawing from the Trans-Pacific Partnership trade deal, removing rules that limit energy exploration and ramping up visa fraud investigations. The cyber protection pledge may be a slight modification of a plan the incoming president posted to his campaign site in October. That plan called for an investigation of cyber vulnerabilities in critical infrastructure conducted by a “cyber review team” that would include members from the military, law enforcement and the private sector.
Sens Introduce Bill to Delay Expansion of FBI Hacking Powers
Five Sens introduced legislation to delay a controversial change to criminal search procedures that could allow the FBI to drastically increase its hacking operations. The legislation, proposed by Senate Judiciary Committee members Sens Chris Coons (D-DE), Mike Lee (R-UT), and Al Franken (D-MN), among others, would put a nearly nine-month pause on the new rule, which would allow a single judge to issue a warrant allowing police to hack into computers in multiple judicial districts rather than just the district in which that judge presides. Judges could also issue warrants to search a computer or device when the user has masked the device’s location under the new rule, an update to Rule 41 of the Federal Rules of Criminal Procedure. Companion legislation was introduced in the House by Judiciary Committee Ranking Member John Conyers (D-MI) and committee member Rep Ted Poe (R-TX)
Congressional Wins That Could Shape Trump's IT Agenda
Donald Trump’s stunning victory may have overshadowed key congressional races, a handful of which could shape the president-elect’s tech agenda. In one race late Nov 8, Rep. Will Hurd (R-TX), managed to stave off a Democratic challenger. Rep Hurd has championed legislation that aims to fund IT modernization through new agency-based working capital funds, as well as a federalwide fund to which agencies could apply. In a Congress that now remains under Republican control, here are a few members who could influence future IT legislation in Trump's administration.
Sen Ron Johnson (R-WI) stays chairman of the Homeland Security and Governmental Affairs Committee. In a contentious race, Sen Johnson took 50 percent of the vote and defeated challenger Russ Feingold, a former Wisconsin senator whom Johnson unseated in 2010. As HSGAC chair, Sen Johnson has urged the White House to establish real-time automated monitoring for cybersecurity threats. In 2014, he introduced a measure requiring federal agencies to quickly deploy Einstein, the Homeland Security Department's cybersecurity system.
Assessing the Obama Administration’s Tech Legacy
Since President Barack Obama was elected eight years ago, a great deal about technology has changed inside and outside the federal government.
“I think if I were to summarize [Obama’s legacy], it would be a seat at the table,” said Aneesh Chopra, whom Obama appointed as the first U.S. chief technology officer in 2009. As an assistant to the president, Chopra reported directly to President Obama, ensuring ideas from the CTO—often focused on innovation—are heard. “In prior administrations, the notion of the role of technology was largely relegated to back-office procurement activity,” Chopra added. “It was largely an operational conversation around how governments perform.” Instead, President Obama sought innovation from tech gurus and others because, as Chopra said, “policymaking has to take into account how technology will advance” complex and important issues like health care and economic growth.
In other words, President Obama helped take technology out of the back office and into the forefront of government. “Kudos to this administration for dragging the government into the digital era,” said Trey Hodgkins, senior vice president of the Information Technology Alliance for Public Sector.