Timothy Edgar and Paul Rosenzweig on the Volt Typhoon Cyber Intrusion
Mar 19, 2024
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Timothy Edgar and Paul Rosenzweig discuss the Volt Typhoon cyber intrusion, highlighting differing views on U.S. cybersecurity strategy. They explore the legal and privacy implications of the botnet removal and the need for reevaluating cybersecurity measures. The conversation touches on the concept of mutually assured disruption in cyber conflicts, the challenges of issuing warrants for technological devices, and the importance of rethinking cybersecurity strategies in response to Chinese threats.
The Volt Typhoon cyber intrusion highlighted flaws in US cybersecurity strategy and the need for reevaluation.
Timothy Edgar emphasized dangerous privacy implications in the government's legal theory for cyber operations.
Paul Rosenzweig suggested updating cybersecurity strategies to address evolving threats and challenges in cyberspace.
Deep dives
The Volt Typhoon Cyber Intrusion and US Response
The podcast discusses the intrusion by the Chinese state-sponsored hacking group, Volt Typhoon, targeting US critical infrastructure. The intrusion involved infecting old devices, highlighting flaws in the US cybersecurity strategy. Cybersecurity experts Timothy Edgar and Paul Rosen-Swike provided differing perspectives on the implications. Edgar focused on privacy concerns, while Rosen-Swike emphasized reevaluating cybersecurity strategies.
Legal Implications and Fourth Amendment Concerns
Timothy Edgar highlighted legal concerns regarding nationwide hacking warrants and Fourth Amendment violations. He proposed legislative principles to address these issues, including authorization criteria for cybersecurity operations, technical reviews, and audit oversight. Edgar pointed out the need for clear regulations to govern mass cybersecurity operations and mitigate privacy risks.
Mutually Assured Disruption and Deterrence Theory
Discussion revolved around the concept of mutually assured disruption and its applicability to cyber conflicts. Paul Rosen-Swike challenged the effectiveness of deterrent strategies in cyberspace, noting the evolving nature of cyber threats and responses. The debate touched on the limitations of deterrence theory in cyber warfare scenarios and the need for updated strategies to address modern cybersecurity challenges.
Public-Private Collaboration and Infrastructure Protection
The conversation explored the role of private industry in bolstering cybersecurity and collaborating with governmental efforts. Emphasis was placed on enhancing defenses for small devices and incentivizing infrastructure protection. Paul Rosen-Swike advocated for expanded public-private partnerships and regulatory measures to strengthen cybersecurity across sectors.
Future Recommendations and Legislative Principles
Timothy Edgar outlined legislative principles to guide cybersecurity legislation, focusing on clear authorization for cybersecurity operations and judicial oversight. Recommendations included minimizing civil rights infringements, enhancing cybersecurity audits and reports, and refining regulations to balance security with privacy concerns. The discussion highlighted the need for comprehensive legislative reforms to address evolving cyber threats effectively.
Last May, Microsoft announced that a Chinese state-sponsored hacking group, Volt Typhoon, appeared to be targeting U.S. critical infrastructure and entities abroad in part through establishing a presence in a malware-infected network, or botnet, consisting of old devices located in the United States. At the end of January, the Justice Department announced it had removed the botnet from hundreds of American devices.
Cybersecurity experts Timothy Edgar and Paul Rosenzweig both wrote articles for Lawfare discussing the Volt Typhoon intrusion and the U.S. response. But the authors take away very different lessons from the intrusion. Edgar argued that although the removal of the botnet was a success in terms of cybersecurity, the legal theory the government relied on for conducting this operation has dangerous privacy implications. Rosenzweig, on the other hand, contended that the Volt Typhoon breach illuminates flawed assumptions at the core of the U.S. cybersecurity strategy, which he says must be reexamined.
Lawfare Research Fellow Matt Gluck spoke with Edgar and Rosenzweig about why the Volt Typhoon intrusion and the U.S. response that followed matter for the future of U.S. cybersecurity and privacy, how the government should weigh security and privacy when responding to cyber intrusions, whether nuclear conflict is a good analogy for cyber conflict, and much more.