National: Supreme Court Avoids an Answer on Partisan Gerrymandering | The New York Times

The Supreme Court declined on Monday to address the central questions in two closely watched challenges to partisan gerrymandering, putting off for another time a ruling on the constitutionality of voting districts designed by legislatures to amplify one party’s political power. In a challenge to a redistricting plan devised by the Republican Legislature in Wisconsin, the court unanimously said that the plaintiffs had not proved that they had suffered the sort of direct injury that would give them standing to sue. The justices sent the case back to a trial court to allow the plaintiffs to try again to prove that their voting power had been directly affected by the way state lawmakers drew voting districts for the State Assembly. In the second case, the court unanimously ruled against the Republican challengers to a Democratic plan to redraw a Maryland congressional district. In a brief unsigned opinion, the court said the challengers had waited too long to seek an injunction blocking the district, which was drawn in 2011.

National: U.S. Cyber Policy, Beyond Ones and Zeros | International Policy Digest

Critics have derided the White House’s decision this past May to scrap its Cyber Coordinator post—created by the Obama administration to consolidate policy courses of action on cybersecurity issues—as short-sighted and tone-deaf, particularly at the height of concern over Russia’s nefarious activity toward U.S. political processes. However, the move creates an opportunity to examine whether the overall U.S. approach to cybersecurity has been overly narrow relative to the Russian threat—which itself has demonstrated the need for Washington to forge partnerships with industry and to expand beyond the network-centric aspects of information warfare.

National: Lack of paper trail a concern amid fears of election hacking | Associated Press

As the midterm congressional primaries heat up amid fears of Russian hacking, roughly 1 in 5 Americans will cast ballots on machines that do not produce a paper record of their votes. That worries voting and cybersecurity experts, who say lack of a hard copy makes it difficult to double-check results for signs of manipulation. “In the current system, after the election, if people worry it has been hacked, the best officials can do is say, ‘Trust us,’” said Alex Halderman, a voting machine expert who is director of the University of Michigan’s Center for Computer Security and Society.

National: Dozens of states tighten election security — by going back to paper | UPI

As key midterm elections approach, contests that could set off an enormous shift in Washington, D.C., U.S. authorities are taking measures to make sure they are secure and free of foreign influence. For years, a number of polling places have gone more high tech with electronic voting machines. Fears about vulnerabilities in the systems in an increasingly interconnected world, however, is now turning eyes to a strikingly original idea — paper ballots. The United States largely moved away from paper ballots after the 2004 Help America Vote Act replaced lever and punch-card voting machines with Direct Recording Electronic, or DRE, systems. The reform was a direct result of the notoriously contested 2000 presidential election, which triggered weeks of recounts and multiple complaints about the paper ballots in Florida.

National: Politicians wary that hackers could swipe emails, upend their campaigns | The Sacramento Bee

A new reality has set in to political campaigns: Candidates must expect that their private email accounts will be hacked, and the contents splashed onto the internet, possibly squandering their chances of victory or exposing personal secrets. Email hacking is now an entrenched tactic for practitioners of political sabotage. “I think it’s here to stay. I don’t see it changing,” said Richard Ford, chief scientist at Forcepoint, an Austin, Texas, cybersecurity company. Whether politicians are swapping tales of town halls, dishing on their opponents or sharing intimacies with spouses — or others — they now know that a private conversation can explode on to the internet.

National: Sessions will keep Rosenstein in charge of Russia investigation | CNN

Attorney General Jeff Sessions is taking responsibility for authorizing Deputy Attorney General Rod Rosenstein to remain in charge of the Russia investigation, and detailed the process by which former FBI Director James Comey was fired. The comments come amid criticism from Republicans for the Justice Department’s decision to keep Rosenstein in charge of the special counsel investigation into Russian election meddling in 2016, and any possible collusion with President Donald Trump’s campaign. Sessions said in an interview released Thursday that he was the one who made the decision to recommend to Trump that he fire Comey, not Rosenstein — and that therefore Rosenstein isn’t disqualified from his role in the Russia investigation. “That decision … really fell to me, ultimately, on the Comey matter,” Sessions, who recused himself from the Russia investigation, told Hill.TV’s “Rising.” “And that’s not a disqualifying thing.”

National: Voter confidence is the biggest election security challenge, DHS cybersecurity official says | The Washington Post

A top cybersecurity official at the Department of Homeland Security says the biggest election security challenge going into the midterms isn’t a technical one. It’s convincing voters that their ballots are secure. “To me the No. 1 threat is around public confidence in the process,” said Matt Masterson, who coordinates a range of DHS election security efforts as senior cybersecurity adviser within the department’s National Protection and Programs Directorate. “How are we talking about this? How are we educating the public so they have confidence in the process and will show up and vote? Because the best response to any attempts to undermine confidence in the process is to vote.” Now that voters know that nation-states such as Russia want to disrupt U.S. elections, it’s going to take a continuous effort from DHS and other government agencies at all levels to make sure they keep turning out at the polls, Masterson told me in a recent interview in his office in Arlington, Va. And that won’t go away come November. 

National: National labs will probe election tech for vulnerabilities under planned DHS program | CyberScoop

The government is currently planning a cybersecurity program that would allow federally funded national scientific laboratories to privately probe and then document security flaws existing in U.S. election technology, most of which is developed and sold by private companies, according to a senior U.S. official. Rob Karas, director of the National Cybersecurity Assessments and Technical Service team at the Homeland Security Department, said that multiple election technology vendors had already shown an interest in engaging on the effort. Karas declined to name the firms, but said the initiative will begin later this summer. The outreach process is still ongoing.

National: Here’s How That $380 Million in Election Security Funding Is Being Spent | Nextgov

Homeland Security Department inspectors aren’t turning up anything shocking when they assess state and local election systems for cybersecurity vulnerabilities in advance of the 2018 midterms, an official said Tuesday. Most of what Homeland Security is turning up in the risk and vulnerability assessments are the same issues you’d see in any information technology environment, Matthew Masterson, a senior cybersecurity adviser, told members of the Senate Judiciary Committee. That includes unpatched software, outdated equipment and misconfigured systems. Homeland Security has conducted risk and vulnerability assessments of 17 states and 10 localities so far, Masterson said.

National: Foreign interference in U.S. elections still going on, Mueller says | Euronews

Foreign efforts to interfere in U.S. elections are still going on just five months before the midterm elections, special counsel Robert Mueller told a judge on Tuesday. Mueller made the assertion in a filing in U.S. District Court in Washington, D.C., in his prosecution of 13 Russian nationals and three companies who were indicted in February on charges including interference in the 2016 presidential election. It says the government believes foreign “individuals and entities” are continuing to “engage in interference operations like those charged in the present indictment.” The filing seeks to protect evidence requested by one of the companies, Concord Management and Consulting LLC, which provides food services at the Kremlin and is run by Yevgeny Prigozhin, who prosecutors allege is close to Russian President Vladimir Putin and has had “extensive dealings” with the Russian Defense Ministry.

National: Democrats unveil push to secure state voting systems | The Hill

A group of Democratic senators is introducing a bill aimed at securing U.S. elections from hacking efforts, the latest response to attempted Russian interference in the 2016 presidential vote. The bill introduced Tuesday is specifically designed to ensure the integrity of and bolster confidence in the federal vote count. It would require state and local governments to take two steps to ensure that votes are counted correctly. Under the legislation, states would have to use voting systems that use voter-verified paper ballots that could be audited in the event a result is called into question. State and local officials would also be required to implement what are known as “risk-limiting audits” — a method that verifies election outcomes by comparing a random sample of paper ballots with their corresponding digital versions — for all federal elections.

National: Congress struggles with ‘more than 30 proposals’ to combat foreign election meddling | Washington Times

Congress is wrestling with more than 30 proposals “to combat different angles of the foreign election meddling issue,” according to Senate Judiciary chairman Chuck Grassley. The logjam of legislation — much of it pushed by House and Senate bipartisan efforts — comes as the 2018 midterm election season accelerates toward its November finale that will determine the balance of power in Congress and in statehouses across the nation. “There have been no fewer than 18 pieces of legislation proposed to combat different angles of the foreign election meddling issue in the Senate alone,” Mr. Grassley, Iowa Republican, said Tuesday during a Senate Judiciary Committee hearing exploring election safety and foreign influence.

National: DHS steps up security assistance for states’ election systems | GCN

State and local elections officials  preparing for the 2018 elections are strapped for time and resources, but the Department of Homeland Security’s National Protection and Programs Directorate is stepping in to help. Two weeks ago, at the request of the Elections Government Coordinating Council, NPPD released guidance on what states and localities should do with their share of the $382 million from 2018 Help America Vote Act Security Fund, said Matt Masterson, NPPD senior cybersecurity advisor, during a June 12 Senate Judiciary Committee hearing. NPPD provided insights on where the money should be used to address risks in the election process. “We focused first on common IT vulnerabilities that exist across elections — things like patching, training for phishing campaigns as well as manpower,” Masterson said.

National: Democrats and Republicans split over using hacked material in campaigns | CyberScoop

Another Democrat-Republican feud is showing that when it comes to politically charged hacking, politics may not stop at the water’s edge. The divide is focused on whether political parties should be allowed to use insider information that’s provided by hackers; similar to what occurred at the state level in 2016. Last week, a Democratic lawmaker on the House Intelligence Committee introduced a bill that would punish federal candidates if they fail to notify the FBI whenever a suspected hacking group offers them political dirt. On Thursday, Rep. Eric Swalwell introduced the “Duty to Report Act.” The proposed law would make it a crime for campaign staffers to not tip the government off to certain suspected hacking activities.

National: Senators introduce election security amendment to defense bill | The Hill

Senators are trying to pass legislation aimed at securing U.S. election systems from cyberattacks by inserting the measure into annual defense policy legislation. Sens. James Lankford (R-Okla.) and Amy Klobuchar (D-Minn.) have introduced a new version of the Secure Elections Act as an amendment to the National Defense Authorization Act (NDAA), which the upper chamber is poised to take up next week. The lawmakers, backed by a bipartisan group of co-sponsors, originally introduced the legislation last December amid rising fears over threats to voter registration databases and other digital systems as a result of Russian interference in the 2016 presidential election.

National: Web of elite Russians met with NRA execs during 2016 campaign | McClatchy

Several prominent Russians, some in President Vladimir Putin’s inner circle or high in the Russian Orthodox Church, now have been identified as having contact with National Rifle Association officials during the 2016 U.S. election campaign, according to photographs and an NRA source. The contacts have emerged amid a deepening Justice Department investigation into whether Russian banker and lifetime NRA member Alexander Torshin illegally channeled money through the gun rights group to add financial firepower to Donald Trump’s 2016 presidential bid. Other influential Russians who met with NRA representatives during the campaign include Dmitry Rogozin, who until last month served as a deputy prime minister overseeing Russia’s defense industry, and Sergei Rudov, head of one of Russia’s largest philanthropies, the St. Basil the Great Charitable Foundation. The foundation was launched by an ultra-nationalist ally of Russian President Putin.

National: Documents Show Political Lobbying in Census Question About Citizenship | The New York Times

Documents released in a lawsuit attempting to block the inclusion of a question about citizenship in the 2020 census show lobbying by anti-immigration hard-liners for the question’s inclusion, and resistance on the part of some census officials to asking it. The Kansas secretary of state, Kris W. Kobach, who has taken a strong position against illegal immigration and was appointed by President Trump to a now-defunct panel on voter fraud, had advocated to include the question directly with the secretary of commerce, Wilbur Ross, according to the documents. In a July 2017 email to an aide to Mr. Ross, Mr. Kobach said that he had reached out to the secretary a few months earlier “on the direction of Steve Bannon,” then the White House chief strategist.

National: Industry Report Cites Mounting Threats to Election Infrastructure | Bloomberg

U.S. election systems are increasingly at risk for cyberattacks ahead of the November midterms as Russia continues information operations to sow political division, according to cybersecurity firm FireEye Inc. State and local election infrastructure is becoming a more popular target for hackers, particularly state-sponsored cyberespionage actors, the Milpitas, California-based company said in a recent report, outlining risks to voter registration, polling places and ballot submission systems. Although the U.S. primary season is well underway, FireEye said it hasn’t observed attacks against election infrastructure as of March. But following Russian meddling in the 2016 elections, “malicious actors and nation states likely already have an understanding of the flaws in the U.S. elections infrastructure and will seek to exploit opportunities where they can,” the report said.

National: Why Federal Agencies Face an Array of Cybersecurity Threats | FedTech

The federal government needs to take “bold” appraoches to increasing the cybersecurity of agencies, according to a report the White House released a report last week, which found serious deficiencies in the government’s risk management abilities. In the “Federal Cybersecurity Risk Determination Report and Action Plan,” the Office of Management and Budget and Department of Homeland Security determined that 71 of 96 agencies (74 percent) participating in a federal risk assessment process “have cybersecurity programs that are either at risk or high risk.” OMB and DHS also found that agencies are “not equipped to determine how threat actors seek to gain access to their information.” … Malicious software, or malware, is perhaps the oldest cybersecurity threat, with viruses and worms tracing their roots back to the 1980s. The authors of malware keep pace with improvements in security technologies, and in an ongoing cat-and-mouse game, go to great lengths to keep a foothold in upgraded operating systems and applications by developing stealthier and more effective malware.

National: ACLU Sues over Plans for Citizenship Question on 2020 Census | Associated Press

Civil rights lawyers sued the U.S. Commerce Department on Wednesday to try to stop plans to add a citizenship question to the 2020 census. The Manhattan federal court lawsuit on behalf of immigrants’ rights groups says racial animus was behind a recent announcement that the census will include a citizenship question for the first time since 1950. The lawsuit, filed by the American Civil Liberties Union and others, claims the question intentionally discriminates against immigrants and will increase fear in their communities. It alleges census participation will be depressed, diluting the economic and political power of residents.

National: Voters’ distrust of election security is just as powerful as an actual hack, officials worry | The Washington Post

As millions of people across the country vote in eight different primaries today, state officials are working hard to secure the elections from hackers. But officials say there’s a more pressing, albeit abstract, challenge: Keeping voters confident that their vote is safe. The U.S. intelligence community has concluded that a major goal of Russia’s campaign to interfere in the 2016 presidential election through cyberattacks on 21 states and national political organizations was to undermine public faith in the U.S. democratic process. By that count, election officials say, they’re already succeeding in this cycle — without breaching a single system. Just the fear of digital sabotage — and the perception that voting machines are hackable — is enough to scare voters into a lack of confidence in the democratic process, election officials lament.

National: DHS official: States will probably know first if malicious cyber-activity hits primaries | CyberScoop

The Department of Homeland Security is on standby to alert state officials about any malicious cyber-activity during Tuesday’s primary elections, but the states themselves will likely know first if something is amiss, Matthew Masterson, a senior cybersecurity adviser at DHS, told CyberScoop. With voters going to the polls in eight states, Tuesday’s primaries are a chance for DHS to test the communication protocols it has sought to ingrain in election personnel across the country. State officials, who generally have the best views of their networks, will flag potentially malicious activity for DHS, which can in turn alert other states, according to Masterson. “If we see or have information to suggest something is going on, we have the ability to immediately share it with the states,” he said in an interview. Ahead of the midterm elections, DHS has looked to “ramp up” its cyberthreat reports to state officials to get them information that is easily understood and not overly technical, Masterson added.

National: Election Assistance Commission says 26 states have received cybersecurity funding ahead of midterms | The Hill

The Election Assistance Commission (EAC) on Tuesday released a list of 26 states that have requested and received cybersecurity funding, money that aims to ensure state’s voting systems are properly secured ahead of the 2018 midterm elections. An EAC press release broke down which states have requested the cyber funds as well as how much they received. To date, these states have requested nearly $210 million in newly available funds, or about 55 percent of the total amount available. The funds were distributed under the Consolidated Appropriations Act of 2018, a bill passed by Congress that allocated $380 million in funds to the Help America Vote Act (HAVA).

National: Synack offers free penetration testing for election systems ahead of 2018 midterms | CyberScoop

One of the largest bug bounty firms in the business has launched an initiative that will allow states’ election officials to test the security of election systems ahead of the 2018 midterm elections. Redwood City, California-based Synack announced Tuesday its offering free crowdsourced remote penetration testing services to state and local governments until November. Synack co-founder Jay Kaplan told CyberScoop the idea came together after a series of meetings with government officials, including top executives at the Department of Homeland Security, that discussed how the private sector could be doing more to ward off digital meddling. After Synack’s services are completed, states and localities can harden their systems based on the test’s results.

National: In seconds, we faked our way into a political campaign, got unsecured voter data | Ars Technica

On Tuesday, polls will be open to voters in eight states, including California, which holds gubernatorial primaries among many other national, state, and local elections. Under California law (Section 2194 of the Election Code), voter data (name, address, phone, age, party affiliation) is supposed to be “confidential and shall not appear on any computer terminal… or other medium routinely available to the public.” However, there’s a big exception to that law: this data can be made available to political campaigns, including companies that provide digital analysis services to campaigns. In other words, candidates and their contractors can get voter data, but there’s little definition in the law about how those parties are required to be custodians of that data and how that data ought to be secured.

National: Are Tuesday’s primaries safe from hackers? A state-by-state election security breakdown | The Washington Post

Tomorrow is a big test for election security coast to coast, as eight states including California hold primaries in one of the most consequential voting days since the presidential election. It’s the largest block of states to do so before the November midterms, and election officials hope they have the right safeguards in place to stave off the kinds of cyberattacks that occurred in 2016. That year, Russian hackers targeted election systems in 21 states. “We’ve done everything that we could think of doing — not to just assess what happened in 2016 but to fortify our defenses,” California Secretary of State Alex Padilla told me.  “Cybersecurity concerns are equally top-of-mind in the primary as they are in November,” he said. “We’re not considered a swing state, but we’re still California and from a security standpoint a high-value target, so we’re taking it very seriously, to protect our election process and the integrity of elections.”

National: Intel officials warn of Russian cyberattacks as 7 states set to hold primaries | Washington Times

Candidates won’t be the only ones sweating the vote as California and six other states hold primaries Tuesday, as election security officials say they are bracing to see how their systems hold up against an expected wave of cyberattacks. U.S. intelligence agencies say Russian hackers tried to disrupt both the campaign and vote-counting in 2016 and that they fully expect another wave of online attacks this year. Hackers last month sabotaged an online debate among congressional candidates by streaming gay pornography. Federal officials say Russian hackers targeted election systems in 21 states two years ago, although no evidence surfaced that any result was corrupted by the incursions. Tuesday’s primaries will be the largest single block of states voting on one day ahead of November’s fiercely contested midterm elections and the largest election day since November 2016.

National: Bill Clinton: US should return to paper voting to stop election hacks | Business Insider

All US states should return to a paper ballot system because they were at too much risk from cyberterrorism, former President Bill Clinton has said. While it isn’t yet clear how much of the 2016 presidential election was compromised by cyberattacks, all US citizens should return to pen and paper to vote for now, the 42nd president told the BBC on Monday. “Until we get this straightened out, every state should go to some sort of paper ballot system,” Clinton said. He specifically cited Virginia’s decision last year to return to a paper ballot system, in which manual votes are counted and processed by electronic scanners.

National: New cybersecurity funding won’t make U.S. election technology less vulnerable | Axios

The recent $380 million of federal funding to replace paperless voting machinery and improve cybersecurity is desperately needed, but it is unlikely to ensure the long-term cybersecurity of U.S. election technology. The big picture: At best, the one-time spending will provide a catalyst for election organizations to gain basic cybersecurity competence. At worst, though, the money will be spent on discretionary purchases (e.g., digital pollbooks or new PC hardware) that only appear helpful and that, without proper security-centric integration, may increase the systems’ exposure to attacks.

National: Trump’s lack of cyber leader may make U.S. vulnerable | Politico

The absence of senior cybersecurity leaders in President Donald Trump’s administration may be leaving the United States more vulnerable to digital warfare and less prepared for attacks on election systems, according to lawmakers and experts worried about White House brain drain under national security adviser John Bolton. Both Republicans and Democrats are expressing concern that the White House is rudderless on cybersecurity at a time when hostile nations’ hackers are moving aggressively, inspiring fears about disruptive attacks on local governments, power plants, hospitals and other critical systems. POLITICO spoke with nearly two dozen cyber experts, lawmakers and former officials from the White House, the intelligence community and the departments of Justice, Homeland Security, Defense and State about Bolton’s decisions to oust the White House’s homeland security adviser and eliminate its cyber coordinator position. The overwhelming consensus is that Bolton’s moves are a major step backward for the increasingly critical and still-evolving world of cyber policy.