In 2018, President Trump granted the CIA expansive legal authorities to carry out covert actions in cyberspace,
providing the agency with powers it has sought since the George W. Bush
administration, former U.S. officials directly familiar with the matter
told Yahoo News.
Why it matters: The CIA has
conducted disruptive covert cyber operations against Iran and Russia
since the signing of this presidential finding, said former officials.
Driving the news: According to the Yahoo News story, of which I am the lead author, the
2018 covert action finding gives the CIA much more power to undertake
such operations without needing prior approval from the National
Security Council.
- Under the Obama administration, U.S.
officials would discuss proposals for specific potential covert actions
for months, or even years, before signing off on them, former officials
said.
- Now they can go “from idea to approval in weeks,” a former
U.S. official told Yahoo News. And many proposals can now circumvent
the NSC entirely, said former U.S. officials. “Trump wanted to push
decision-making to the lowest possible denominator,” said another former
U.S. official — which means many of these decisions are now being made
in-house within the CIA, said former officials.
Of note: These
new powers are not related to the CIA’s ability to hack for the purpose
of mere intelligence-gathering, said former officials.
- Instead,
they are about creating real-world effects like degrading or destroying
adversaries’ infrastructure or exposing rival intelligence services’
secrets, said these officials.
- The CIA’s new authorities have
allowed it to more freely engage in “hack-and-dump” operations of the
sort popularized by Russian intelligence via WikiLeaks, where pilfered
data is leaked to journalists or released online via personas like
Guccifer 2.0, the online front used by Russian operatives to publicize
the 2016 hack of the DNC, said former U.S. officials.
- The CIA has already dumped Russia- and Iran-related tranches of data online, said former officials.
Other impacts of the 2018 finding:
1. Financial institutions. It loosens prior restrictions on disruptive or destructive targeting of financial institutions, former U.S. officials said.
- In
prior administrations, wiping or dumping hacked banking data was
considered an uncrossable line because of the potential effects of
retaliation by foreign states on the U.S. banking system, said former
officials.
- Treasury Department officials were always particularly vociferously opposed to such measures in the past, said former officials.
- “These
were “things CIA always knew were an option, but were always a bridge
too far," a former official told Yahoo News. “They had been bandied
about at senior levels for a long time, but cooler heads had always
prevailed."
2. "Cut-outs." The
presidential authorization makes it much easier for the CIA to target
“cut-outs” believed to be working surreptitiously for hostile foreign
intelligence services at media organizations, charities, religious
institutions or other nonstate entities for disruptive or destructive
cyber actions, said former officials. In the past, the burden of proof
for targeting such entities was high; now, standards have been made far
more lax, said former officials.
3. The "big four." The finding explicitly enables the CIA to use these new powers against
the “big four” U.S. adversaries — China, Russia, Iran and North Korea.
But even though the CIA already had more legal maneuverability on covert
operations against Iran than other U.S. foes, the Trump administration
was particularly focused on escalating its activities against Tehran,
said former officials.
- These new CIA authorities, as well as
a capacious interpretation of prior ones, have contributed to the
administration’s “maximum pressure” campaign against Iran, say former
officials, with the CIA conducting disruptive cyberattacks against
Iranian infrastructure throughout Trump's term.
- This maximum
pressure campaign has been tantamount to a “regime destabilization”
strategy for some senior Trump-era national security officials, aiming
to weaken the Iranian government in order to force it to retreat to its
own borders — and even hopefully collapse entirely, say former
officials.
The big picture: Some officials
emphasize that Trump-era shifts in U.S. offensive cyber operations are
part of a natural evolution in U.S. policies in this arena and that many
changes would have been granted under a new Democratic administration
as well.
- “It’s not like some cabal of folks who had been
sort of outside the national security establishment ... were then
brought in and hijacked” this process, a former senior official told me.
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