Rattled: China’s Hardware Hack – SMCI’s Response

[NB: Note the byline. Portions of my content are speculative. / ~Rayne]

The following analysis includes a copy of an initial response Bloomberg Businessweek received from Super Micro Computer in response to its story, The Big Hack. In tandem with the Bloomberg story this was published on October 4 at this link. Super Micro Computer’s response is offset in blockquote format. No signer was indicated in the published response. Additional responses to Bloomberg’s story will be posted separately.
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Supermicro

While we would cooperate with any government investigation, we are not aware of any investigation regarding this topic nor have we been contacted by any government agency in this regard.[1] We are not aware of any customer dropping Supermicro as a supplier for this type of issue.[2]

[1] (a) “we are not aware” “nor have we been contacted” — who is we?

(b) “nor have we been contacted by any government agency” — has Supermicro been contacted by customers or their auditors or their security teams, contract or not, about security problems?

[2] Were one or more of Supermicro’s customers dropped by their customers because of security concerns including problems with firmware? Are any of the customers or customers of customers U.S. government entities?

Every major corporation in today’s security climate is constantly responding to threats and evolving their security posture. As part of that effort we are in regular contact with a variety of vendors, industry partners and government agencies sharing information on threats, best practices and new tools. This is standard practice in the industry today. However, we have not been in contact with any government agency regarding the issues you raised.[3]

[3] Has Supermicro been in contact with any government agency regarding any security issues including firmware updates?

Furthermore, Supermicro doesn’t design or manufacture networking chips or the associated firmware and we, as well as other leading server/storage companies, procure them from the same leading networking companies.[4]

[4] Interesting pointer about networking chips. What other motherboard content does Supermicro not design or manufacture, procuring from other companies? What procured motherboard components have firmware associated with them?

Rattled: China’s Hardware Hack – Amazon’s Response

[NB: Note the byline. Portions of my analysis may be speculative. / ~Rayne]

The following analysis includes a copy of an initial response  received from Amazon by Bloomberg Businessweek in response to its story, The Big Hack. In tandem with the Bloomberg story Amazon’s response was published on October 4 at this link. The text of Amazon’s response is offset in blockquote format. No signer was indicated in the published response. Additional responses by Amazon to Bloomberg’s story will be assessed separately in a future post.

This analysis is a work in progress and subject to change.
__________

Amazon

It’s untrue that AWS[1] knew about a supply chain compromise, an issue with malicious chips, or hardware modifications[2] when acquiring Elemental. It’s also untrue that AWS knew about servers containing malicious chips or modifications in data centers based in China, or that AWS worked with the FBI[3] to investigate or provide data about malicious hardware.

[1] Identity – were there ever any third-party contractors or representatives involved in the relationship with Elemental? With Supermicro? Are there more than one Amazon subsidiary entity involved in the evaluation, purchasing, implementation of Elemental or Supermicro products into Amazon or its subsidiary enterprise? Which entity submitted this denial to Bloomberg Businessweek: Amazon, AWS, or some other subsidiary?

[2] What about evidence of bad or mismatched firmware and firmware updates?

[3] Did any law enforcement, military, or intelligence agency work with Amazon or any of its subsidiaries or contractors to investigate or provide data on hardware which failed to operate to specification or as expected?

We’ve re-reviewed our records[4] relating to the Elemental acquisition for any issues related to SuperMicro, including re-examining a third-party security audit[5] that we conducted in 2015 as part of our due diligence prior to the acquisition. We’ve found no evidence to support claims of malicious chips or hardware modifications.[6]

[4] “our records” — whose records and what kind? Identity needs clarification as well as the type of records.

[5] Who is the third-party security auditor? How and why were they engaged?

[6] What about evidence of bad or mismatched firmware and firmware updates?

The pre-acquisition audit described four issues with a web application (not hardware or chips)[7] that SuperMicro provides for management of their motherboards. All these findings were fully addressed before we acquired Elemental. The first two issues, which the auditor[8] deemed as critical, related to a vulnerability in versions prior to 3.15 of this web application (our audit covered prior versions of Elemental appliances as well), and these vulnerabilities had been publicly disclosed by SuperMicro on 12/13/2013.[9]

[7] “web application” — but not firmware?

[8] Is this still the unnamed third-party security auditor or an internal auditor employed by Amazon or a subsidiary?

[9] How was this “publicly disclosed by SuperMicro”? SMCI’s website does not currently have either a press release or an SEC filing matching this date (see screenshots at bottom of this page).

Because Elemental appliances are not designed to be exposed to the public internet, our customers are protected against the vulnerability by default.[10] Nevertheless, the Elemental team had taken the extra action on or about 1/9/2014 to communicate with customers and provide instructions to download a new version of the web application from SuperMicro (and after 1/9/2014, all appliances shipped by Elemental had updated versions of the web application).[11] So, the two “critical” issues that the auditor found, were actually fixed long before we acquired Elemental. The remaining two non-critical issues with the web application were determined to be fully mitigated by the auditors if customers used the appliances as intended, without exposing them to the public internet.[12]

[10] “exposed to the public internet” — did customer data run through Elemental’s Supermicro devices between 2013 and 2015?

[11] What about firmware?

[12] Did customer data still run through devices with the two non-critical issues? Are any machines with these non-critical issues still in production?

Additionally, in June 2018, researchers made public reports of vulnerabilities in SuperMicro firmware.[13] As part of our standard operating procedure, we notified affected customers promptly, and recommended they upgrade the firmware in their appliances.[14]

[13] Researchers at Eclypsium are reported to have told Supermicro of vulnerabilities in January 2018. When was Amazon, AWS, or other Amazon subsidiary notified of these vulnerabilties?

[14] Give the six-month gap between Eclypsium’s notification to Supermicro and the public’s notification, when were Amazon’s, AWS’, or other Amazon subsidiary’s customers notified of these vulnerabilties?

__________

Screenshots

Supermicro’s SEC filings – last of year 2013:

Supermicro’s press releases – last of year 2013:

Rattled: China’s Hardware Hack – Apple’s Response

[NB: Note the byline. Portions of my content are speculative. / ~Rayne]

The following analysis includes a copy of an initial response received from Apple by Bloomberg Businessweek in response to its story, The Big Hack. In tandem with the Bloomberg story this was published on October 4 at this link. Apple’s response is offset in blockquote format. No signer was indicated in the published response. Additional responses from Apple to Bloomberg’s story will be assessed separately in a future post.

This analysis is a work in progress and subject to change.
__________

Apple

Over the course of the past year, Bloomberg has contacted us multiple times with claims, sometimes vague and sometimes elaborate, of an alleged security incident at Apple.[1] Each time, we have conducted rigorous internal investigations based on their inquiries and each time we have found absolutely no evidence to support any of them.[2] We have repeatedly and consistently offered factual responses, on the record, refuting virtually every aspect of Bloomberg’s story relating to Apple.[3]

[1] Phrasing avoids who made the allegation(s).

[2] “rigorous internal investigations” doesn’t describe what they actually investigated; “each time” refers to investigations AFTER Bloomberg contacted Apple, AFTER 2016 when Apple had broken off relations with Supermicro.

[3] “refuting virtually aspect” does not mean “every and all.”

On this we can be very clear: Apple has never found malicious chips, “hardware manipulations” or vulnerabilities purposely planted in any server.[4] Apple never had any contact with the FBI or any other agency about such an incident.[5] We are not aware of any investigation by the FBI, nor are our contacts in law enforcement.

[4] (a) What about problems with firmware updates, including malicious firmware, firmware not issued by Supermicro, or hijacking to firmware upgrade sites not created by Supermicro?

(b) “purposely planted in any server” refers not to Supermicro’s motherboards but Elemental or other server assemblies.

[5] What about contact with any government agency regarding firmware? What about contact with a third-party entity regarding firmware problems, including security researchers?

[6] This phrasing focuses on law enforcement but not on other possibilities like intelligence entities or non-law enforcement functions like Commerce or Treasury Departments.

In response to Bloomberg’s latest version of the narrative, we present the following facts: Siri and Topsy never shared servers;[7] Siri has never been deployed on servers sold to us by Super Micro; and Topsy data was limited to approximately 2,000 Super Micro servers, not 7,000. None of those servers has ever been found to hold malicious chips.[9]

[7] (a) What about earlier versions of Bloomberg’s narrative the public hasn’t seen?

(b) Did Siri and Topsy ever share a data farm facility?

[8] (a) Was Siri ever deployed on Elemental brand servers?

(b) Was Topsy ever deployed on Elemental brand servers?

[9] Did any of the servers on which Siri and Topsy were deployed experience firmware problems including malicious firmware, firmware not issued by Supermicro, or hijacking to firmware upgrade sites not created by Supermicro?

As a matter of practice, before servers are put into production at Apple they are inspected for security vulnerabilities and we update all firmware and software with the latest protections. We did not uncover any unusual vulnerabilities in the servers we purchased from Super Micro when we updated the firmware and software according to our standard procedures.[10]

[10] Is this a statement of current practices or practices during the period of time about which Bloomberg reported? Why did Apple end its relationship with Supermicro?

We are deeply disappointed that in their dealings with us, Bloomberg’s reporters have not been open to the possibility that they or their sources might be wrong or misinformed. Our best guess is that they are confusing their story with a previously-reported 2016 incident in which we discovered an infected driver on a single Super Micro server in one of our labs.[11] That one-time event was determined to be accidental and not a targeted attack against Apple.[12]

[11] Gaslighting about the journalists’ credibility. Have there ever been any servers from Elemental or other server manufacturer with “infected drivers,” including the “single Super Micro server in one of our labs”? Were any servers of any make with “infected drivers” in production environments, whether they faced customers or not?

[12] How is an “infected driver” an accident?

While there has been no claim that customer data was involved, we take these allegations seriously and we want users to know that we do everything possible to safeguard the personal information they entrust to us.[13] We also want them to know that what Bloomberg is reporting about Apple is inaccurate.[14]

[13] This is not the same as saying “customer data was not exposed.”

[14] “inaccurate” but not “wrong,” “erroneous,” “false,” or “untrue”?

Apple has always believed in being transparent about the ways we handle and protect data.[15] If there were ever such an event as Bloomberg News has claimed, we would be forthcoming about it and we would work closely with law enforcement.[16] Apple engineers conduct regular and rigorous security screenings to ensure that our systems are safe. We know that security is an endless race and that’s why we constantly fortify our systems against increasingly sophisticated hackers and cybercriminals who want to steal our data.[17]

[15] Tell us about iPhone encryption.

[16] “an event” is not “events”. “Forthcoming” may not mean “public disclosure” or “reveal that we are under non-disclosure agreements.” “Would work closely with law enforcement” is not the same as “working with intelligence community,” or “working with Commerce/Treasury Departments.”

[17] No specific mention of nation-state actors.

Rattled: China’s Hardware Hack

[NB: Note the byline. Portions of my analysis may be speculative. / ~Rayne]

As I noted in my last Three Things post, information security folks are rattled by the October 4 Bloomberg Businessweek report that extremely tiny microchips may have been covertly embedded in motherboards used by U.S. businesses.

Their cognitive dissonance runs in two general directions — the feasibility of implanting a chip at scale, and the ability of such a chip to provide a viable backdoor to a device.

Hardware security researchers and professionals have been debating manufacturing feasibility and chip ability across Twitter. Joe Fitz’ recent tweet threads suggest implantation of a rogue chip is entirely doable on a mechanical basis though what happens once a chip has been embedded must be assessed from a software perspective. Fitz is not alone in his assessment; other professionals and academics believe it’s possible to insert a ‘malicious’ chip. Computer security academic Nicholas Weaver pointed to small devices which could do exactly what the Bloomberg report suggested if these tiny objects were embedded into motherboards during manufacturing.

The feasibility also requires the right opportunity — a confluence of personnel, manufacturing capability and capacity, timing and traceability. Let’s say a rogue or compromised employee manages to slip chips into a batch of motherboards; which ones? To whom will they ship? How could a rogue/compromised employee ensure the motherboards left the facility undetected?

The Bloomberg report paints the U.S.-based Supermicro plant as a perfect environment in which such hardware infiltration could happen easily. With employees divided by two very different languages — English-speakers far less likely to understand Mandarin-speakers — discussions between multiple rogue/compromised employees could be very easy as would be sharing of written instructions. Supermicro’s ISO certifications for standards 9001, 13485, 14001, and 27001 may shed some light on how the company expected to manage two different languages in the same workplace.

One could argue a bilingual workplace shouldn’t pose a challenge given how many companies already use English/Spanish, English/French, or English/German. Compare, however, these words:

English: hardware

German: either hardware or computerhardware

French: either hardware or le matériel

Spanish: either hardware or los equipos

Mandarin: 硬件 (yìng jiàn)

With enough exposure the average English-as-primary-language worker could readily understand the most common western language words for equipment they were manufacturing. It would take considerably more investment in education to recognize and understand a pictographic language making casual quality control difficult.

The environment is even more challenging for mixed language staff in manufacturing plants located in China.

~ | ~ | ~

Let’s look at a timeline of events leading up to the Bloomberg report this week. Note how often the word ‘firmware‘ is used in this timeline and in the responses from Apple and Amazon to the Bloomberg story:

1993 — Charles Liang launched Supermicro.

2007 — Social search analytics company Topsy founded.

2005 — Defence Science Board warned “trojan horse” chips bought overseas could negatively affective military systems.

2008 — BusinessWeek reported that fake Chinese-made microchips had entered the military’s supply chain causing system crashes.

2010 — Defence Department bought 59,000 chips, unaware they were counterfeit.

2Q2011 — China denied entry visas to senators Levin and McCain staff for congressional probe in Guangdong province.

October 2011 — Apple releases Siri.

December 2013 — Apple acquired  Topsy.

December 2013 — Supermicro publicly disclosed vulnerability/ies in a web application related to management of motherboards (Amazon response, email Oct 2018)

December 2013 — CBS’ 60 Minutes program aired a story about the NSA in which a plot involving a rogue BIOS had been identified.

First half 2014 (date TBD) — Intelligence officials tell White House that PRC’s military would infiltrate Supermicro’s motherboard production with microchips intended for the U.S. market.

January 2014 — Elemental communicated to existing customers that a new version of the web app was available for download; equipment shipped after this date had updated versions of the web app. (Amazon response, email Oct 2018)

Early 2015 — Amazon launched pre-acquistion evaluation of startup Elemental Technologies which used Supermicro motherboards in servers it made.

Late spring 2015 — Elemental sent several servers to Ontario CAN for testing by third-party security firm. It found non-spec chips on server motherboards. (Bloomberg report)

May 2015 — Apple detected unusual network activity and experienced firmware problems.

Summer 2015 — Apple found non-spec chips on Supermicro motherboards Apple bought from Supermicro. (Bloomberg report)

September 2015 — Amazon announced its acquisition of Elemental.

December 2015 — Apple shut down Topsy.

Mid-2016 — Apple broke off its relationship with Supermicro.

June 2018 — Researchers publicized vulnerabilties found in Supermicro firmware. AWS notified customers and recommended a firmware upgrade. (Amazon response, email Oct 2018)

October 2018 — Amazon, Apple, Supermicro, and PRC submitted responses denying Bloomberg’s report. (Published by Bloomberg)

~ | ~ | ~

Follow up reporting by other news outlets increase the layers of denial that cloud companies Amazon and Apple were affected by a possible breach of the hardware supply chain.

Some have asked if Bloomberg’s report is merely an attempt to undermine Amazon and Apple, which are the two most valuable companies in the U.S. and in Apple’s case, the world.

It is their value and their place in the stock market along with the customers they serve which may drive some of the denial.

Remember that Amazon’s AWS has provided hosting to U.S. government agencies. Government employees also use Apple iPhones and by extension, Apple’s cloud services. Is it at all possible that in providing services to government agencies these corporations and/or their subsidiaries have been read into programs obligating a degree of secrecy which includes denial of vulnerabilities and breaches which do not affect directly the average non-governmental user of Amazon and Apple products and services?

~ | ~ | ~

There are additional events which appear to have happened independently of the alleged hardware supply chain infiltration. They may be extremely important and highly relevant if looked at from an industry and intelligence perspective.

March 2014Freescale Semiconductor lost 20 employees in apparent crash of Malaysia Air flight MH370 en route to Beijing. The employees were supposed to begin work on a new chip manufacturing facility in China. While Freescale’s chips were not those one might ordinarily associate with server motherboards, it’s worth asking if Freescale at that time had any chips which might have served as server chips, or if they could work as illicit hardware hacks when embedded in a motherboard. Freescale has since been acquired by NXP.

Late 2010 — Beginning in late 2010, China identified and executed a network of U.S. agents within its borders over a two-year period, resulting in the deaths of at least 30 persons and the prosecution of former CIA agent Jerry Chung Shin Lee who worked as an informant for PRC. The exposure of these spies was blamed in part on a compromised communications system which had been previously used in the middle east. Due to compartmentalization of the project, it’s reported Lee could not have identified the agents, placing more emphasis on the communications system.

Mid-2011 — China refused visas to staff for senators Carl Levin and John McCain for the purposes of investigating electronic components manufacturing in city of Shenzhen in Guangdong province. The congressional probe sought the source of counterfeit parts which had entered the U.S. military’s supply chain; U.S. Commerce Department reported in January 2010 that 400 companies surveyed “overwhelmingly cited China” as the point of origin for counterfeit parts.

These events spawn more questions when looking at technology supply chain hacking and communications systems which rely on this supply chain.

Did Freescale’s plans to expand production in China pose a risk to the hardware supply chain hack? Or was it simply a fluke that a substantive portion of the company’s manufacturing engineers disappeared on that flight? Though Freescale originated in Austin, Texas, it had a presence in China since 1992 with at least eight design labs and manufacturing facilities in China as of 2014.

Was the communications system used by doomed U.S. assets in China affected not by tradecraft or betrayal, or even by counterfeit parts, but by the hardware supply chain hack — and at an even earlier date than the timeline of events shown above related to Supermicro’s compromised motherboard production?

Did China refuse admittance to Guangdong province in 2011 related not to counterfeit parts but to the possibility that supply chain hacks beyond counterfeiting alone might be revealed?

Is the supply chain hack reported by Bloomberg part of a much larger security threat which has been slowly revealed but not widely acknowledged because the threat has been viewed through narrow military, or intelligence, or tech industry lenses?

The tech industry may be rattled by allegations that the computer hardware supply chain has been hacked. But the possibility this hack has gone on much longer and with massive potential collateral damage may truly shake them up.

~ | ~ | ~

There is a third train of cognitive dissonance, not limited to information security professionals. Persons outside the tech industry have indulged in denialism, taking comfort in the aggressive pushback by Apple and Amazon which each claim in their own way that the Bloomberg report is inaccurate. (I have an analysis of the early responses by Apple and Amazon; I will also examine later expanded responses as well as Supermicro’s and PRC’s responses as soon as time permits.)

But there have been reports for years about counterfeit electronic components, obstruction of investigations into these components, system failures which could be attributed to hardware or software which do not meet specifications. Cognitive dissonance also resists Bloomberg’s report that as many as 30 U.S. companies were affected, not just Apple and Amazon which have offered up high-profile rebuttals.

And there have been reports in industries outside of cloud services and the military where off specification or counterfeit electronic components have made it into production. One such anecdote appears in a thread at Hacker News YCombinator, discussing credit card payment systems and development of screening systems requiring application of tests using angular momentum to determine if a board has been altered without breaking the board’s tamper-proof seal.

In addition to his early tweets assessing feasibility of malicious or covert off-spec chips added to motherboards, Nicholas Weaver wrote a post for Lawfare about the Bloomberg report.

The Bloomberg story also explains a previous mystery: in 2016, Apple quietly removed all SuperMicro servers from their products due to an unspecified “Security Incident.”  At the time the rumor was that SuperMicro provided a sabotaged BIOS—that is, the bootstrap program used to start the computer, another “god mode” target for compromise. Apple denied then that there was any security incident—just as they are denying one now.

This incident once again illustrates the “Coventry problem,” referring to Winston Churchill’s apocryphal decision not to prevent the bombing of Coventry in order to keep secret that British intelligence had decrypted the Enigma machine. Robertson and Riley describe a U.S. intelligence apparatus that knew of these ongoing attacks, but could not effectively notify the affected companies nor provide useful recommendations. If the intelligence community had warned these companies, it would probably have revealed to the Chinese that the U.S. was aware of these activities, as well as potentially compromise an ongoing FBI investigation described in the article.

Weaver called the suspect Supermicro firmware a ‘BIOS’ — the first use of this term across multiple reports covering the Bloomberg report and its aftermath. This change in nomenclature is critical, particularly so given the point he makes about the “Coventry problem.” The term ‘BIOS’ does not appear in the early responses from Apple, Amazon, or Supermicro.

In December 2013, CBS’ 60 Minutes aired a report about the NSA; it appeared at the time to puff up the agency after the publication of Edward Snowden’s leaked documents about the government’s domestic spying using  PRISM. Within the story was a claim about a thwarted cyberattack:

Debora Plunkett: One of our analysts actually saw that the nation state had the intention to develop and to deliver, to actually use this capability— to destroy computers.

John Miller: To destroy computers.

Debora Plunkett: To destroy computers. So the BIOS is a basic input, output system. It’s, like, the foundational component firmware of a computer. You start your computer up. The BIOS kicks in. It activates hardware. It activates the operating system. It turns on the computer.

This is the BIOS system which starts most computers. The attack would have been disguised as a request for a software update. If the user agreed, the virus would’ve infected the computer.

John Miller: So, this basically would have gone into the system that starts up the computer, runs the systems, tells it what to do.

Debora Plunkett: That’s right.

John Miller: —and basically turned it into a cinderblock.

Debora Plunkett: A brick.

John Miller: And after that, there wouldn’t be much you could do with that computer.

The description sounds remarkably like the rogue firmware update in concert with a malicious/covert chip.

The manner in which this report was handled by the NSA, however, made it appear like disinformation. The assessment that such firmware would be used solely brick a device heightened the FUD around this report, deterring questions about applications other than bricking a device — like taking control of the computer, or collecting all its transaction and data. Was the FUD-enhanced release via 60 Minutes the intelligence community’s approach to the “Coventry problem”?

~ | ~ | ~

The problem Bloomberg’s Jordan Robertson and Michael Riley reported is probably much bigger than they described. It is bigger than Supermicro motherboards and firmware, and it’s not a problem of the near-term future but ongoing over the last decade.

At what point will U.S. industries organize a collective response to both counterfeit and off-specification manufacturing of electronic components overseas? They can’t count on a calm and rational response from the Trump administration given the unnecessary trade war it launched against China.
_____

Disclosure: I have positions in AAPL and AMZN in my investment portfolio.

Three Things: Russia and China Spying, Kavanope

[NB: Yes, it’s Rayne, not Marcy. Check the byline.]

Huge news earlier today related to spying. Really big. MASSIVE.

And a MASSIVE cover-up pawned off on the feeble-minded as a ‘complete investigation‘ into Dr. Ford’s and Deborah Ramirez’s accusations against Brett Kavanaugh.

~ 3 ~

Bloomberg published an epic piece of investigative journalism this morning about China’s spying on U.S. businesses by way of tiny chips embedded in server motherboards. The photos in the story are just as important as the must-read story itself as they crystallize a challenge for U.S. intelligence and tech communities. Like this pic:

That tiny pale obelisk to the right of the penny represents one of the malicious chips found in affected Supermicro brand motherboards shipped to the U.S. market — nearly as small as the numbers in the date on the coin. Imagine looking for something this puny before a machine is turned on and begins to launch its operating system. Imagine trying to find it when it is sandwiched inside the board itself, embedded in the fiberglass on top of which components are cemented.

The chip could undermine encryption and passwords, making any system open to those who know about its presence. According to Bloomberg reporters  Jordan Robertson and Michael Riley, the chips found their way into motherboards used by Apple and Amazon.

Information security folks are scrambling right now because this report rocks their assumptions about the supply chain and their overall infosec worldview. Quite a few doubt this Bloomberg report, their skepticism heightened by the carefully worded denials offered by affected and relevant parties Apple, Amazon, Supermicro, and China. Apple provided an itemization of what it believed Bloomberg Businessweek got wrong along with its denial.

I’ll have more on this in a future post. Yes, indeedy.

~ 2 ~

A cooperative, organized response by Britain, The Netherlands, U.S., and Canada today included the indictment of seven Russians by the U.S. for conspiracy, conspiracy to commit wire fraud, wire fraud, aggravated identity theft, and conspiracy to launder money. The Russians have been identified as members of a GRU team organized out of a facility in Moscow, working on hacking and a disinformation influence campaign focused on anti-doping entities and non-Russian Olympic athletic competitors.

Note the underlined bit in this excerpt from the indictment (pdf) — the last indictment I copied with similar wording was that of Evgeny Buryakov and his two comrades, the three spies based in New York City who worked with “Male-1”, now known to be Carter Page. Who are the known and unknown? Persons who have flipped or co-conspirators yet to be named?

The UK released a statement as did the Canadians, and Netherlands issued a joint statement with the UK about the entirety of spying for which this GRU team is believed to be responsible, including an attempt to breach the Organisation for the Prohibition of Chemical Weapons’ (OPCW) facility analyzing the Novichok nerve agent used to poison the Skripals in the UK as well as chemicals used against Syrians.

Cryptocurrency news outlets report concerns that this indictment reveals the extent of USDOJ’s ability to trace cryptocurrency.

An interesting coincidence took place overnight as well — Russian Deputy Attorney General Saak Karapetyan died last night when an unauthorized helicopter flight crashed northeast of Moscow. Karapetyan had been linked this past January to Natalia Veselnitskaya and an attempt to recruit Switzerland’s top investigator as double-agents. But Karapetyan had also been involved in Russia’s response to the poisoning of Alexander Litvinenko and the aftermath of the Skripals’ poisoning in the UK.

What remarkable timing.

One might wonder if this accident had anything to do with the unusual release of GRU personnel details by the Dutch Military Intelligence and Security Service (MIVD) and the United Kingdom’s Ministry of Justice during their joint statement today.

By comparing the released identity documents, passports, automobile registrations and the address provided when cars were rented, the identities of a total 305 GRU agents may have been identified by bellingcat and The Insider including the four out of the seven men wanted by the U.S. for the anti-doping hackingas well as attempted breach of OPCW.

The identity of the four GRU agents accused of targeting the OPCW was cinched by a taxi receipt in one agent’s pocket from a location on the road next to the GRU’s facility in Russia. Four agents also had consecutive passport numbers.

What remarkably bad opsec.

~ 1 ~

As for the impending vote on Brett Kavanaugh:

– Senator Heidi Heitkamp is voting her conscience — NO on Kavanaugh.
– Senator Joe Manchin is now the lone Dem holdout; he says he’s still listening but hasn’t seen anything incriminating from Kavanaugh’s adulthood. (Gee, I wonder why.)
– Senator Bob Menendez didn’t mince words. He said “It’s a bullshit investigation.” (He should know what a thorough investigation looks like).

And the beer-loving former Yale frat boy had an op-ed published in the Wall Street Journal which pleads with us to lose all intelligence and believe that he is really very neutral. I am not even going to link to that POS which has re-enraged women all over the country.

GTFO.

Continue calling your senators to thank them for a NO vote on Kavanaugh so that they aren’t hearing right-wing demands alone. Congressional switchboard: (202) 224-3121

~ 0 ~

This is an open thread. Sic ’em.

The Two Legitimacy Problems with the Nghia Pho Sentence

Nghia Pho was sentenced to 5 years and 6 months yesterday. He is presumed to have been one of the sources for the files released by Shadow Brokers (though I have been told he couldn’t be the sole source).

The government had asked for 8 years, just a month short of the top of the guidelines for the crime to which he pled guilty (though the government could have charged him much more aggressively and gotten far more time). In sentencing Pho, however, Judge George Russell seemed persuaded by Pho attorney Robert Bonsib’s point that David Petraeus did no jail time for what actually would have been a worse offense had he also been charged with sharing with his mistress the code word intelligence he mishandled and then lying about both to the FBI, as well as if the government admitted that the information Petraeus shared actually did show up in Paula Broadwell’s hagiography of the general.

Russell seemed particularly perturbed that former CIA Director David Petraeus managed to get probation after admitting he kept highly classified information in his home without permission, shared it with his girlfriend and lied to investigators.

“Did he do one day in prison?” the clearly frustrated judge asked. “Not one day. … What happened there? I don’t know. The powerful win over the powerless? … The people at the top can, like, do whatever they want to do and walk away.”

Admittedly, the unstated presumption that Pho’s mishandling of NSA’s hacking tools led to first their leak then the downstream malware attacks tied to them seems to justify the government’s call for a harsh sentence and is reflected in statements from both Russell and prosecutor.

Russell called Pho’s actions “extraordinarily serious.” He also rejected claims that it was an isolated mistake, noting that Pho took the top-secret material to his home for years.

[snip]

Little was said at Tuesday’s hearing about what information may have escaped Pho’s control or where it wound up, although Windom used very strong language about the impact of Pho’s actions, calling it “devastating.”

And it also explains the language of Pho’s remorse — denying the things that might have been suspected of the release.

“I admit it but I do not betray the U.S.A.,” the white-haired, glasses-wearing engineer said in broken English. “I do not betray this country. … I do not send anything to anybody or on the internet. I do not make profit on this information. … I cannot damage this country.”

It also might explain the terms of the plea agreement, one part of which remains sealed.

There’s something that remains unexplained, however — at least not credibly. Pho continues to claim that he brought the NSA’s hacking tools home because he needed them to write his Employee Performance Assessments. (h/t Josh Gerstein for obtaining the documents)

I need extra times and information about what I worked on, cut and paste, to create a good EPA at home and hope that I will have a chance to be promoted this time hence I received a good high-three average salaries before I go to the retirement in next four years (2019) when my clearance will be expired.

I was devoted to EPA promotion, encircle by EPA/promotion and the last high-three salaries that made me blind to violate the security policy of the Agency.

But as the government noted in their sentencing memo, this was not a one-off in advance of writing a yearly EPA. Rather, Pho continued doing this over the course of five years, and did so with materials unrelated to his work.

For a period of at least five years, the defendant removed Top Secret and Sensitive Compartmented Information (“SCI”) from secure space at the National Security Agency (“NSA”) and retained it in his home–an unsecure residence.

[snip]

This assertion [that he did this solely for EPAs] is belied by the facts. The defendant did not take home and retain classified information consistently for five years to work on an annual performance review. This argument especially does not apply to the classified material found in his home that was unrelated to his work or any personnel evaluation. [citations removed]

The government also notes that Pho knew better than to load these materials onto his computer (as a guy who coded malware, that should be all the more true).

The defendant claims that he stored massive troves of classified information at his home without the intention of placing national security at risk. The defendant goes so far as to say, directly, that he “did handle the information with care.” His actions speak to his intentions, and the facts do not support his contentions. For years, the defendant received training on how and where to store classified information and on why such precautions were critical to protecting national security. The defendant well knew that the mere removal of classified information from secure spaces, in itself, could endanger national security, and that retaining classified information in an unsecure location compounded this danger. Indeed, in his plea agreement, the defendant admitted that his extensive training informed him that “unauthorized removal of classified materials and transportation and storage of those materials in unauthorized locations risked disclosure and transmission of those materials, and therefore could endanger the national security of the United States and the safety of its citizens.

This is a point that Admiral Rogers repeated in his (March 5) letter on the sentencing.

Mind you, even a year after Pho was discovered, it was still possible for even a translator to stick thumb drives into Top Secret computers at Fort Meade, as evidenced by Reality Winner’s actions (actions that were not charged). In the same way that Pho knew well that putting hacking tools on a computer attached to the Internet would be colossally stupid, the government itself has known the risks of leaving computers accessible to removable media since before Chelsea Manning’s leaks. They’re not exactly in a position to lecture.

That said, there’s something that still doesn’t add up about this and Pho’s claimed motive for it, which may be why when this story first broke, three different theories for why he brought the files home got leaked to the press. Maybe it was just ego fed by resentment that he (as reported in his letter) wasn’t getting promotions at the same rate as his colleagues, which doesn’t make for a very good excuse to having exposed the NSA’s crown jewels.

 

The Assange Exfiltration Would Have Taken Place in the Wake of Joshua Schulte Tor Activity

The Guardian has a wild story about a joint Ecuadorian-Russian attempt to spring Julian Assange from the embassy. The idea was that he’d be snuck out of the Embassy in a diplomatic vehicle and sent to live in either Russia or Ecuador.

Sources said the escape plot involved giving Assange diplomatic documents so that Ecuador would be able to claim he enjoyed diplomatic immunity. As part of the operation, Assange was to be collected from the embassy in a diplomatic vehicle.

Four separate sources said the Kremlin was willing to offer support for the plan – including the possibility of allowing Assange to travel to Russia and live there. One of them said that an unidentified Russian businessman served as an intermediary in these discussions.

A single source claims that the plan was supposed to take place on Christmas Eve of last year.

The operation to extract Assange was provisionally scheduled for Christmas Eve in 2017, one source claimed, and was linked to an unsuccessful attempt by Ecuador to give Assange formal diplomatic status.

[snip]

Assange’s Christmas Eve escape was aborted with just days to go, one source claimed. Rommy Vallejo, the head of Ecuador’s intelligence agency, allegedly travelled to the UK on or around 15 December 2017 to oversee the operation and left London when it was called off.

In February Vallejo quit his job and is believed to be in Nicaragua. He is under investigation for the alleged kidnapping in 2012 of a political rival to Correa.

I’m not 100% convinced about that timing for two reasons. First, because related events — Assange receiving Ecuadorian citizenship and Ecuador requesting he be given diplomatic status — only got reported in January.

The Foreign Office has turned down a request from the Ecuadorian government to grant the WikiLeaks founder, Julian Assange, diplomatic status as a means of breaking the stalemate over his continued presence in the UK.

The development comes amid reports that Assange – an Australian who has been holed up in the Ecuadorian embassy for more than five years – has recently become a citizen of the South American state.

If awarded the status of a diplomat, it is thought, Assange could obtain certain rights to legal immunity and might be able to leave the embassy in Knightsbridge, and eventually the UK, without being arrested for breaching his former bail conditions.

Also, when Fidel Narváez denied involvement to the Guardian, he denied meetings with Russia this year, not last (though that’s just as likely non-denial denial).

Two sources familiar with the inner workings of the Ecuadorian embassy said that Fidel Narváez, a close confidant of Assange who until recently served as Ecuador’s London consul, served as a point of contact with Moscow.

In an interview with the Guardian, Narváez denied having been involved in discussions with Russia about extracting Assange from the embassy.

Narváez said he visited Russia’s embassy in Kensington twice this year as part of a group of “20-30 more diplomats from different countries”. These were “open-public meetings”, he said, that took place during the “UK-Russian crisis” – a reference to the aftermath of the novichok poisoning of Sergei and Yulia Skripal in March.

That said, assuming the diplomatic request went in sometime in advance of the reporting on it, then the timing does make sense.

And that’s interesting because it would mean the Ecuadorian-Russian attempt to exfiltrate Assange would have happened in the wake of accused Vault 7 leaker Joshua Schulte endangering his bail by hopping on Tor to do … we don’t know what. Whatever he did, however, it led to Schulte’s detention in MCC and ultimately his delayed indictment for leaking the Vault 7 documents.

November 9, 2017: Wikileaks publishes Vault 8 exploit

November 14, 2017: Assange posts Vault 8 Ambassador follow-up

November 14, 2017: Arrest warrant in VA

November 15, 2017: Charged in Loudon County for sexual assault

November 16, 2017: Use of Tor

November 17, 2017: Use of Tor

November 26, 2017: Use of Tor

November 29, 2017: Abundance of caution, attorney should obtain clearance

November 30, 2017: Use of Tor

December 5, 2017: Use of Tor, Smith withdraws

December 7, 2017: NYPD arrests on VA warrant for sexual assault

December 12, 2017: Move for detention, including description of email and Tor access

Separately, since the defendant was released on bail, the Government has obtained evidence that he has been using the Internet. First, the Government has obtained data from the service provider for the defendant’s email account (the “Schulte Email Account”), which shows that the account has regularly been logged into and out of since the defendant was released on bail, most recently on the evening of December 6, 2017. Notably, the IP address used to access the Schulte Email Account is almost always the same IP address associated with the broadband internet account for the defendant’s apartment (the “Broadband Account”)—i.e., the account used by Schulte in the apartment to access the Internet via a Wi-Fi network. Moreover, data from the Broadband Account shows that on November 16, 2017, the Broadband Account was used to access the “TOR” network, that is, a network that allows for anonymous communications on the Internet via a worldwide network of linked computer servers, and multiple layers of data encryption. The Broadband Account shows that additional TOR connections were made again on November 17, 26, 30, and December 5.

[snip]

First, there is clear and convincing evidence that the defendant has violated a release condition—namely, the condition that he shall not use the Internet without express authorization from Pretrial Services to do so. As explained above, data obtained from the Schulte Email Account and the Broadband Account strongly suggests that the defendant has been using the Internet since shortly after his release on bail. Especially troubling is the defendant’s apparent use on five occasions of the TOR network. TOR networks enable anonymous communications over the Internet and could be used to download or view child pornography without detection. Indeed, the defendant has a history of using TOR networks. The defendant’s Google searches obtained in this investigation show that on May 8, 2016, the defendant conducted multiple searches related to the use of TOR to anonymously transfer encrypted data on the Internet. In particular, the defendant had searched for “setup for relay,” “test bridge relay,” and “tor relay vs bridge.” Each of these searches returned information regarding the use of interconnected computers on TOR to convey information, or the use of a computer to serve as the gateway (or bridge) into the TOR network.

Which is to say, things were falling apart in this period. And the response, tellingly, was for the Russians to try to find a way to exfiltrate Assange.

Update: Reuters describes the timing as still more problematic.

Ecuador last Dec. 19 approved a “special designation in favor of Mr. Julian Assange so that he can carry out functions at the Ecuadorean Embassy in Russia,” according to the letter written to opposition legislator Paola Vintimilla.

“Special designation” refers to the Ecuadorean president’s right to name political allies to a fixed number of diplomatic posts even if they are not career diplomats.

But Britain’s Foreign Office in a Dec. 21 note said it did not accept Assange as a diplomat and that it did not “consider that Mr. Assange enjoys any type of privileges and immunities under the Vienna Convention,” reads the letter, citing a British diplomatic note.

More and more this looks like an attempt to legally exfiltrate him.

In media res: the FBI’s WannaCry Attribution

I’ve been working through the complaint charging Park Jin Hyok with a slew of hacking attributed to the Lazarus group associated with North Korea. Reading it closely has led me to be even less convinced about the government’s attribution of the May 2017 WannaCry outbreak to North Korea. It’s going to take me a series of posts (and some chats with actual experts on this topic) to explain why. But for now, I want to point to a really suspect move the complaint makes.

The FBI’s proof that Park and Lazarus and North Korea did WannaCry consists, speaking very broadly, of proof that the first generation of the WannaCry malware shared some key elements with other attacks attributed to Lazarus, and then an argument that the subsequent two generations of WannaCry were done by the same people as the first one. While the argument consists of a range of evidence and this post vastly oversimplifies what the FBI presents, three key moves in it are:

  • The earlier generations of WannaCry are not known to be publicly available
  • Subjects using a known Lazarus IP address were researching how to exploit the Microsoft vulnerability in the weeks before the attack
  • Both WannaCry versions 1 and 2 cashed out Bitcoin in a similar way (which the complaint doesn’t describe)

For now, I’m just interested in that middle point, which the complaint describes this way:

221. On March 14, 2017, Microsoft released a patch for a Server Message Block (SMB) vulnerability that was identified as CVE-2017-0144 on its website, https://technet.microsoft.com/en-us/library/security/ms17-010.aspx. Microsoft attempted to remedy the vulnerability by releasing patches to versions of Microsoft Windows operating systems that Microsoft supported at the time. Patches were not initially released for older versions of Windows that were no longer supported, such as Windows XP and Windows 8.

222. The next month, on April 15, 2017, an exploit that targeted the CVE-2017-0144 vulnerability (herein the “CVE-2017-0144 exploit”) was publicly released by a group calling itself the “Shadow Brokers.”

223. On April 18, 2017 and April 21, 2017, a senior security analyst at private cyber security company RiskSense, Inc. (“RiskSense”) posted research on that exploit on his website: https://zerosum0x0.blogspot.com.

224. On May 9, 2017, RiskSense released code on the website github.com with the stated purpose of allowing legal “white hat” penetration testers to test the CVE-2017-0144 exploit on unpatched systems. Essentially, RiskSense posted source code that its employees had reverse-engineered for the CVE-2017-0144 exploit, which cyber security researchers could then use to test vulnerabilities in client computer systems. I know based on my training and experience that penetration testers regularly seek to exploit vulnerabilities with their customers’ consent as a proof-of-concept to demonstrate how hackers could illegally access their customers’ systems.

225. On May 12, 2017, a ransomware attack called “WannaCry” (later identified as “WannaCry Version 2,” as discussed below) began affecting computers around the globe.

[snip]

242. Records that I have obtained show that the subjects of this investigation were monitoring the release of the CVE-2017-0144 exploit and the efforts by cyber researchers to develop the source code that was later packaged into WannaCry Version 2:

a. On numerous days between March 23 and May 12, 2017, a subject using North Korean IP Address #6 visited technet.microsoft.com, the general domain where Microsoft hosted specific webpages that provide information about Microsoft products, including information on Windows vulnerabilities (including CVE-2017-0144), although the exact URL or whether the information on this particular CVE was being accessed is not known.

b. On April 23, April 26, May 10, May 11, and May 12, 2017, a subject using North Korean IP Address #6 visited the blog website zerosum0x0.blogspot.com, where, on April 18, 2017 and 21, 2017, a RiskSense researcher had posted information about research into the CVE-2017-0144 exploit and progress on reverse-engineering the exploit; RiskSense subsequently released the exploit code on GitHub.com.

According to the in media res story told by the FBI, the following is the chronology:

March 14: Microsoft drops a vulnerability seemingly out of the blue without publicly calling attention to it

Starting on March 23: Someone using known Lazarus IP address #6 tracks Microsoft’s vulnerabilities reports (note, the FBI doesn’t mention whether this was typical behavior or unique for this period)

April 15: Shadow Brokers releases the Eternal Blue exploit

April 18 and 23: RiskSense releases a reverse engineered version of Eternal Blue

Starting on April 23 and leading up to May 12: Someone using that same known Lazarus IP #6 makes a series of visits to the RiskSense site that released an exploit reverse engineered off the Shadow Brokers release

May 12: A version of WannaCry spreads across the world using the RiskSense exploit

Of course, that’s not how things really happened. FBI neglects to mention that on January 8, Shadow Brokers offered to auction off files that NSA knew included the SMB exploit that Microsoft issued a patch for on March 14.

Along with that important gap in the narrative, the FBI Agent who wrote the affidavit behind this complaint, Nathan Shields, is awfully coy in describing Shadow Brokers simply as “a group calling itself the ‘Shadow Brokers.'” While the complaint remained sealed for three months, by June 8, 2018, when the affidavit was written, the FBI assuredly knew far more about Shadow Brokers than that it was a group with a spooky name.

As public proof, DOJ signed a plea agreement with Nghia Pho on November 29 of last year. Pho was reportedly the guy from whose home computer some of these same files were stolen. While the publicly released plea has no cooperation agreement, the plea included a sealed supplement, which given the repeated delays in sentencing, likely did include a cooperation agreement.

Pho is due to be sentenced next Tuesday. The sentencing memos in the case remain sealed, but it’s clear from the docket entry for Pho’s that he’s making a bid to be treated in the same way that David Petraeus and John Deutsch were — that is, to get a misdemeanor treatment and probation for bringing code word documents home to store in an unlocked desk drawer — which would be truly remarkable treatment for a guy who allegedly made NSA’s hacking tools available for theft.

And while it’s possible that FBI Agent Shields doesn’t know anything more about what the government knows about Shadow Brokers than that it has a spooky name, some of the folks who quoted in the dog-and-pony reveal of this complaint on September 6, not least Assistant Attorney General John Demers, do know whatever else the government knows about Shadow Brokers.

Including that the announcement of the sale of Eternal Blue on January 8 makes the searches on Microsoft’s site before the exploit was actually released on April 15 one of the most interesting details in this chronology. There are lots of possible explanations for the fact that someone was (as the FBI’s timeline suggests) searching Microsoft’s website for a vulnerability before the import of it became publicly known.

But when you add the January 8 Shadow Brokers post to the timeline, it makes culprits other than North Korea far more likely than the FBI affidavit makes out.

Andy McCarthy’s Misconception

I was struck, in reading Andy McCarthy’s review of the Michael Cohen and Paul Manafort guilty outcomes last week (in which he measures Trump via a vastly different standard than he once measured Bill Clinton), by this erroneous claim:

The Trump camp continues to stress that Manafort’s case had nothing to do with the original rationale for Mueller’s investigation, “collusion with Russia.” But as we’ve pointed out any number of times, Mueller took over a counterintelligence investigation of Russia’s interference in the 2016 election. Possible Trump-campaign collusion with Russia was just one thread in the larger probe.

The claim that the Trump-campaign “collusion” was just one thread of what Mueller originally took over is false, but utterly critical for McCarthy’s sustained belief that Mueller has not found evidence of a conspiracy between Trump and Russia. While it is true that when Comey confirmed the investigation, he did not specify the structure of the investigation,
I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government’s efforts to interfere in the 2016 presidential election and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia’s efforts. As with any counterintelligence investigation, this will also include an assessment of whether any crimes were committed.
When Rod Rosenstein appointed Mueller, he described Mueller’s scope to include,
  • any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
  • any matters that arose or may arise directly from the investigation; and
  • any other matters within the scope of 28 C.F.R. § 600.4(a)

Why McCarthy made this error is clear: he uses the existence of and Mueller’s indictments in a broader counterintelligence investigation to sustain his belief that Mueller doesn’t have a “collusion” case against Trump or his associates.

At this point, it does not appear that Mueller has a collusion case against Trump associates. His indictments involving Russian hacking and troll farms do not suggest complicity by the Trump campaign. I also find it hard to believe Mueller sees Manafort as the key to making a case on Trump when Mueller has had Gates — Manafort’s partner — as a cooperator for six months. You have to figure Gates knows whatever Manafort knows about collusion. Yet, since Gates began cooperating with the special counsel, Mueller has filed the charges against Russians that do not implicate Trump, and has transferred those cases to other Justice Department components.

When it comes to the president, I believe the special counsel’s focus is obstruction, not collusion. When it comes to Manafort, I believe the special counsel’s focus is Russia — specifically, Manafort’s longtime connections to Kremlin-connected operatives. Mueller may well be interested in what Manafort can add to his inquiry into the June 2016 Trump Tower meeting (arranged by Donald Trump Jr. in futile hopes of obtaining campaign dirt from Russia on Hillary Clinton). That, however, is not the more serious “collusion” allegation that triggered the Trump thread of the investigation — cyberespionage conspiracy (i.e., Russian hacking of Democratic party emails).

That is, because Mueller indicted trolls and GRU hackers and then spun those prosecutions off to other teams (in the GRU case, back to one of the teams that originally investigated it), it is proof, in McCarthy’s mind, that Mueller isn’t targeting Trump and his associates for conspiring with Russia.

The actual background of the Mueller investigation suggests precisely the opposite. As I noted when Lawfare made precisely the same error in a post on the GRU indictment,

Friday’s indictment is, rather, the result of investigations conducted primarily in San Francisco and Pittsburgh. At the time Comey confirmed the counterintelligence investigation into Trump’s camp and at the time Comey got fired for not shutting the Trump counterintelligence investigation down, those San Francisco and Pittsburgh investigations were totally separate. Those two investigations almost certainly had little if any involvement from Peter Strzok (indeed, they involved a bunch of FBI cyber agents, a division of FBI that Strzok never tired of mocking in his texts to Lisa Page). The DOJ press release from Friday states that explicitly.

This case was investigated with the help of the FBI’s cyber teams in Pittsburgh, Philadelphia and San Francisco and the National Security Division.

Those two investigations (plus the separate one noted in Philadelphia that started later, as I understand it from what a lawyer who represented a witness in that investigation described to me) got moved under the Mueller umbrella sometime in or just before November, and now the GRU officer part of the investigation will be moved back to Pittsburgh where it started, to languish forever like some other nation-state hacker indictments investigated by Western District of Pennsylvania.

Given that both public reporting (starting in February 2017 and extending into November 2017) and Mueller team changes (not to mention my own reporting about the Philadelphia grand jury’s activity in the second half of May 2017 and my own knowledge about where I interviewed and where my interview materials subsequently got moved to) support this narrative, McCarthy (and the Lawfare crowd) might ask why Mueller decided to integrate the cybersecurity parts of the investigation, only to spin the Russian defendants back to other teams once they were indicted?

We can begin to get an answer from the two indictments that — Andy wants to believe — are themselves evidence that Mueller doesn’t have evidence on Trump’s associates but actually are. The Internet Research Agency indictment actually describes three Florida-based Trump campaign officials inconclusively, as if they were either still under investigation or at some legal risk.

On approximately the same day, Defendants and their co-conspirators used the email address of a false U.S. persona, [email protected], to send an email to Campaign Official 1 at that donaldtrump.com email account, which read in part:

Hello [Campaign Official 1], [w]e are organizing a state-wide event in Florida on August, 20 to support Mr. Trump. Let us introduce ourselves first. “Being Patriotic” is a grassroots conservative online movement trying to unite people offline. . . . [W]e gained a huge lot of followers and decided to somehow help Mr. Trump get elected. You know, simple yelling on the Internet is not enough. There should be real action. We organized rallies in New York before. Now we’re focusing on purple states such as Florida.

The email also identified thirteen “confirmed locations” in Florida for the rallies and requested the campaign provide “assistance in each location.”

[snip]

Defendants and their co-conspirators used the false U.S. persona [email protected] account to send an email to Campaign Official 2 at that donaldtrump.com email account.

[snip]

On or about August 20, 2016, Defendants and their co-conspirators used the “Matt Skiber” Facebook account to contact Campaign Official 3.

And while the GRU indictment (on top of key clauses being misread by virtually everyone who has read it) doesn’t use the same convention to describe Roger Stone’s communications with Guccifer 2.0…

On or about August 15, 2016, the Conspirators, posing as Guccifer 2.0, wrote to a person who wasin regular contact with senior members of the presidential campaign of Donald J. Trump, “thank u for writing back . . . do u find anyt[h]ing interesting in the docs i posted?” On or about August 17, 2016, the Conspirators added, “please tell me if i can help u anyhow . . . it would be a great pleasure to me.” On or about September 9, 2016, the Conspirators, again posing as Guccifer 2.0, referred to a stolen DCCC document posted online and asked the person, “what do u think of the info on the turnout model for the democrats entire presidential campaign.” The person responded, “[p]retty standard.”

It pointed to Russia’s response to Donald Trump’s request that they hack Hillary without referring to him one way or another.

For example, on or about July 27, 2016, the Conspirators attempted after hours to spearphish for the first time email accounts at a domain hosted by a thirdparty provider and used by Clinton’s personal office. At or around the same time, they also targeted seventy-six email addresses at the domain for the Clinton Campaign.

What Mueller has done with both of the counterintelligence indictments that McCarthy takes solace in is lay out the Russian side of a conspiracy (and both are charged as conspiracies) with very clear spots into which American co-conspirators may be dropped when Mueller is prepared to do so. (I laid this out at more length in this post.)

Importantly, the fact that some of this investigation started out in other parts of DOJ but then got moved under Mueller make it clear that something came up in the investigation that Mueller and Rosenstein believed required they be moved under Special Counsel when they weren’t there, originally.

Let’s put it this way: Mueller didn’t subsume investigations located elsewhere at DOJ because the Special Counsel needed to be the one to indict a bunch of Russians. He did it to set up the conspiracies that would — that will — later be occupied by Russians and Americans.

As I disclosed in July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Reality Gets A Harsh Sentence

With Update Below!

As many of you may already know, this morning was the sentencing for Reality Winner. She was sentenced to 63 months of incarceration and three years of supervised release upon completion of her term. The supervised release term is rather standard. She will be housed at the Federal Medical Center, Carswell in Fort Worth, Texas. The stated reason was because she is bulimic, but it seems more like a nod to her, and her family, who requested a Texas posting so they would be near. There is no pecuniary fine. I have not seen the official sentencing order yet, but have little to no doubt she will be credited with the time served in pre-trial detention since her arrest on June 3, 2017; i.e. nearly 15 months. So, assuming that, she should be released in about 4 years.

Okay, that is the hard nuts and bolts of Ms. Winner’s sentencing. If you want some more background, please see our old friend Kevin Gosztola at Shadowproof, who has been covering all the Reality Winner court appearances.

All that said, let me address a couple of things. First, the sentence was not unexpected, indeed it was stipulated to in the plea agreement Ms. Winner both signed and allocuted to in open court. While the court technically “could” have deviated downward, there was little to no chance it would given the plea language. Anybody shocked by today’s sentencing has not been paying attention.

Secondly, the government did not “block” Winner’s defenses. I had a discussion on this point with a good friend, Will Bunch, who has admirably written extensively on, and in favor of, Reality. Sadly, the law here is what it is, and not what Will and I would like it to be. Winner’s attorneys filed every motion they could, both to try to win and to protect the record. But those motions were never going to work, they never do, and they did not here.

Jeffrey Sterling also tried all of that. It did not work then, for him, either. Sterling got 42 months in prison. It is hard to compare disparate cases, but in the long run, I personally have a hard time seeing why Reality Winner was worse or more damaging than Jeff Sterling, and yet she got 1.5 times as much incarceration as Sterling. Different DOJ’s, different times and the Trump Administration was already on the record as head hunting for leakers when Winner fell into their lap. So, I guess it is not shocking. They were looking to make an example and there she was.

Now to the after show doings. The United States Attorney for the Southern District of Florida, Bobby L. Christine (never trust a man with two first names), cravenly issued a pompous press release on the sentencing. This is just a taste of the Christine hyperbolic:

The document Winner compromised did, in fact, contain TOP SECRET information about the sources and methods used to acquire the intelligence described in the report. That means it revealed how U.S. Intelligence Agencies obtained information. U.S. Government subject matter experts have determined that Winner’s willful, purposeful disclosure caused exceptionally grave damage to U.S. national security. That harm included, but was not limited to, impairing the ability of the United States to acquire foreign intelligence information similar to the information the defendant disclosed. This was, by no means, a victimless crime.

What’s more, Winner’s exceptionally damaging disclosure was not a spontaneous, unplanned event, but was the calculated culmination of a series of acts. She researched whether it was possible to insert a thumb drive into a Top Secret computer without being detected, and then inserted a thumb drive, WHICH THE GOVERNMENT NEVER RECOVERED, into a Top Secret computer. She researched job opportunities that would provide her access to classified information. At the same time, she searched for information about anti-secrecy organizations, and she celebrated claimed compromises in U.S. classified information.

Note the Trump like raging capital letters? Ooof. It was an unnecessary and prickish public release by somebody that had won and driven the vanquished into the ground. And while Bobby L. Christine took all the glory, he did not do diddly squat himself, the matter was handled by a team of career AUSA’s that he did not even have the common courtesy to mention. Very Trump like.

Okay, so why did Ms. Winner end up here? There are a lot of reasons. First off, while Winner would have pretty clearly been discovered anyway, she disclosed her material to The Intercept, which was far from the only cause of her discovery, but did her no favors either. And the Government, especially the NSA, hates, with a capital H, The Intercept. But again, Reality’s discovery was inevitable even despite that, but it is a factor.

Secondly, the Government has thought all along that she had more material than what The Intercept and Matt Cole received and published. In its sentencing memorandum, the government addressed other areas of concern as to Winner including: her insertion of flash drive into a TS/SCI NSA computer at Fort Meade; her Internet history (which other filings make clear included details on Anonymous, Vault 7, Hal Martin, Assange, and Snowden); her download of Tor; her seeking out employment at Pluribus; and her screenshots of secure drop information.

These bases were generally also why she was detained without bail. That does not make it right, and it is, and remains true, that there is far too much secrecy and cheap classification in the face of the American public’s interest. This is a textbook example of just that. But Reality Winner tried to be a whistleblower and fell into the lurch where there are no such protections for the acts she did. She paid an overly, and draconian, price for what she did because the Trump Administration needed a head on a pike. They got hers. And this morning’s sentencing was the ugly culmination of that.

UPDATE: alright, Trevor Timm at The Intercept, has posted an interesting coda to the Reality Winner goings on today.

WHEN THE INTERCEPT first published the top-secret document, reporters and editors went to the government — as they do every time The Intercept publishes classified documents — to hear the NSA’s views about any information that might truly harm national security. After listening to the agency’s arguments, and out of an abundance of caution, The Intercept redacted a few pieces of information from the document before publishing it.

A key phrase that the government wanted withheld was the specific name of the Russian unit identified in the document. The government was particularly insistent on that point. Since it wasn’t vital to the story that the unit’s name be revealed, nor was it clear — at least at the time — that revealing the unit’s name was in the public interest, The Intercept agreed to withhold it.

But in the indictment of alleged Russian military intelligence operatives that Mueller’s office released last month, the Justice Department revealed the same name: GRU unit 74455. (The unit is also known as the Main Center for Special Technology or GTsST.) The indictment went on to reveal information almost identical to that contained in the document Winner admits to disclosing:

In or around June 2016, KOVALEV and his co-conspirators researched domains used by U.S. state boards of elections, secretaries of state, and other election-related entities for website vulnerabilities. KOVALEV and his co-conspirators also searched for state political party email addresses, including filtered queries for email addresses listed on state Republican Party websites.

In or around July 2016, KOVALEV and his co-conspirators hacked the website of a state board of elections (“SBOE 1”) and stole information related to approximately 500,000 voters, including names, addresses, partial social security numbers, dates of birth, and driver’s license numbers

In or around August 2016, KOVALEV and his co-conspirators hacked into the computers of a U.S. vendor (“Vendor 1”) that supplied software used to verify voter registration information for the 2016 U.S. elections. KOVALEV and his co-conspirators used some of the same infrastructure to hack into Vendor 1 that they had used to hack into SBOE 1.

The Justice Department is trying to have it both ways: It’s OK for Mueller to publicly release this information in an attempt to prosecute alleged Russian hackers because it’s in the public interest. But at the exact same time, the government is also claiming that a document including very similar information causes grave harm to national security when disclosed to the public by someone else.

There is a lot more there at Trevor’s post. Without doubling the size of this post, I would like to second the expert opinions submitted by Bill Leonard that Trevor Timm describes and have been long a staple here. There literally is no greater expert on classification than Bill Leonard. That said, it is like the discussion in the main original post. The fight is against archaic, authoritarian and totalitarian laws and legal precedent. Until those are changed, there is reality, and then there is the regrettable case of Reality Winner.

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