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Yet Another “Lady Gaga” Exposure Forces DOD to Wipe Drone Control Computers

On Friday, Wired broke the news that the DOD suffered yet another breach because they continue to leave computers exposed to outside storage systems. (h/t WO) In this case, the Ground Control Stations they use to control drones got infected with a keylogger virus.

But time and time again, the so-called “air gaps” between classified and public networks have been bridged, largely through the use of discs and removable drives. In late 2008, for example, the drives helped introduce the agent.btz worm to hundreds of thousands of Defense Department computers. The Pentagon is still disinfecting machines, three years later.

Use of the drives is now severely restricted throughout the military. But the base at Creech was one of the exceptions, until the virus hit. Predator and Reaper crews use removable hard drives to load map updates and transport mission videos from one computer to another. The virus is believed to have spread through these removable drives. Drone units at other Air Force bases worldwide have now been ordered to stop their use.

After a virus was introduced into computers in Iraq three years ago via thumb drive, DOD claimed it had prohibited the use of any removable media with their computers. But then Bradley Manning allegedly removed hundreds of thousands of classified cables from SIPRNet using a Lady Gaga CD. Rather than making all computers inaccessible to removable media at that point, DOD left 12% of their computers vulnerable, deploying a buddy-system to prevent people from taking files inappropriately; but human buddy systems don’t necessarily prevent the transmission of viruses.

The good news is that the Host-Based Security System implemented in response to Wikileaks discovered the virus–two weeks ago.

But here’s the other interesting wrinkle. To get rid of these viruses, techs have resorted to wiping the hard drives of the targeting computers.

In the meantime, technicians at Creech are trying to get the virus off the GCS machines. It has not been easy. At first, they followed removal instructions posted on the website of the Kaspersky security firm. “But the virus kept coming back,” a source familiar with the infection says. Eventually, the technicians had to use a software tool called BCWipe to completely erase the GCS’ internal hard drives. “That meant rebuilding them from scratch” — a time-consuming effort.

Given what little we know about the Anwar al-Awlaki assassination (which, as Wired points out, happened after the virus had knowingly infected these computers), this should not affect the computers that ten days ago killed two US citizens with no due process. The Newsweek story describing the CIA’s targeting process says that targeting is done in VA, not NV, where the virus hit.

But particularly given the questions about Samir Khan’s death, consider if that weren’t the case. That would mean a key piece of evidence about whether or not the US knowingly executed an American engaging in speech might be completely eliminated, wiped clean to fix a predictable virus.

That’s not the only risk, of course. We’ve talked before about how long it’ll take for Iran or Mexican drug cartels to hack our armed drones. If this virus were passed via deliberate hack, rather than sloppiness, then we might be one step closer to that eventuality.

All because DOD continues to refuse to take simple steps to secure their computers.

Extrajudicial Execution of Samir Khan Arguably More Significant Than Awlaki

By this time in the day, the early morning report of the killing of Anwar Awlaki is old news. From ABC News:

Senior administration officials say that the U.S. has been targeting Awlaki for months, though in recent weeks officials were able to pin down his location.

“They were waiting for the right opportunity to get him away from any civilians,” a senior administration official tells ABC News.

And today they got him. Awlaki was killed by a drone delivered Hellfire missile, via a joint CIA and JSOC operation, in the town of Kashef, in Yemen’s Jawf province, approximately 140 kilometres east of Sanaa, Yemen’s capital. But not only Awlaki was killed, at least three others, including yet another American citizen, Samir Khan, were killed in the strike.

That’s right, not just one, but two, Americans were summarily and extrajudicially executed by their own government today, at the direct order of the President of the United States. No trial, no verdict, just off with their heads. Heck, there were not even charges filed against either Awlaki or Khan. And it is not that the government did not try either, there was a grand jury convened on Khan, but no charges. Awlaki too was investigated for charges at least twice by the DOJ, but non were found.

But at least Awlaki was on Barrack Obama’s “Americans That Are Cool to Kill List”. Not so with Samir Khan. Not only is there no evidence whatsoever Khan is on the classified list for killing (actually two different lists) my survey of people knowledgeable in the field today revealed not one who believed khan was on any such list, either by DOD or CIA.

So, the US has been tracking scrupulously Awlaki for an extended period and knew with certainty where he was and when, and knew with certainty immediately they had killed Awlaki and Khan. This means the US also knew, with certainty, they were going to execute Samir Khan.

How did the US then make the kill order knowing they were executing a US citizen, not only extrajudicially, but not even with the patina of being on the designated kill list (which would at least presuppose some consideration and Yoo-like pseudo-legal cover)?

Did Barack Obama magically auto-pixie dust Khan onto the list with a wave of his wand on the spot? Even under the various law of war theories, which are not particularly compelling justification to start with as we are not at war with Yemen and it is not a “battlefield”, the taking of Khan would appear clearly prohibited under both American and International law. As Mary Ellen O’Connell, vice chairman of the American Society of International Law, relates, via Spencer Ackerman at Wired’s Dangerroom:

“The United States is not involved in any armed conflict in Yemen,” O’Connell tells Danger Room, “so to use military force to carry out these killings violates international law.”

O’Connell’s argument turns on the question of whether the U.S. is legally at war in Yemen. And for the administration, that’s a dicey proposition. The Obama administration relies on the vague Authorization to Use Military Force, passed in the days after 9/11, to justify its Shadow Wars against terrorists. Under its broad definition, the Authorization’s writ makes Planet Earth a battlefield, legally speaking.

But the Authorization authorizes war against “nations, organizations, or persons [the president] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.” It’s a stretch to apply that to al-Qaida’s Yemen affiliate, which didn’t exist on 9/11. But when House Republicans tried to re-up the Authorization to explicitly bless the new contours of the war against al-Qaida, the Obama administration balked, fearing the GOP was actually tying its hands on the separate question of terrorist detentions.

“It is only during the intense fighting of an armed conflict that international law permits the taking of human life on a basis other than the immediate need to save life,” O’Connell continues. “In armed conflict, a privileged belligerent may use lethal force on the basis of reasonable necessity. Outside armed conflict, the relevant standard is absolute necessity.”

So did al-Awlaki represent an “absolute” danger to the United States? President Obama, in acknowledging Awlaki’s death on Friday morning, didn’t present any evidence that he did.

And therein lies lies the reason the US killing of Samir Khan may be even more troubling than the already troubling killing of al-Awlaki. There is no satisfactory legal basis for either one, but as to Khan there was NO process whatsoever, even the joke “listing” process utilized for Awlaki. The US says it took care to not harm “civilians”, apparently that would mean Yemeni civilians. American citizens are fair game for Mr. Obama, list or no list, crime or no crime, charges or no charges. Off with their heads!

People should not just be evaluating today’s fresh kills as to Awlaki, Samir Khan should be at the tip of the discussion spear too.