04 Chabinsky
04 Chabinsky
THE PROBLEM
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penetrated, that our software has not been adulterated, and that our
hardware does not contain implants. Similarly, it is difficult to state with
confidence that over time our mission-critical data and systems – which
underlie our economic prosperity, national security, and public health – will
2
remain accurate and available when needed.
We do know that cyberexploitation is occurring at an unprecedented
rate by a growing array of state and nonstate actors against a wide range of
3
targets, and that the threat will continue to grow as our society becomes
4
increasingly reliant on information systems. For these reasons, just over
four months into his Presidency, Barack Obama announced that “our digital
infrastructure – the networks and computers we depend on every day – will
2. A glimpse into the full scope of this problem is reflected in the SANS Institute’s
expert consensus ranking of the top ten cyber threats:
1. Increasingly Sophisticated Web Site Attacks That Exploit Browser
Vulnerabilities – Especially on “Trusted” Web Sites.
2. Increasing Sophistication and Effectiveness in Botnets.
3. Cyber Espionage Efforts by Well Resourced Organizations Looking to
Extract Large Amounts of Data – Particularly Using Targeted Phishing.
4. Mobile Phone Threats, Especially Against iPhones and Android-Based
Phones; Plus VOIP.
5. Insider Attacks.
6. Advanced Identity Theft from Persistent Bots.
7. Increasingly Malicious Spyware.
8. Web Application Security Exploits.
9. Increasingly Sophisticated Social Engineering Including Blending
Phishing with VOIP and Event Phishing.
10. Supply Chain Attacks Infecting Consumer Devices (USB Thumb
Drives, GPS Systems, Photo Frames, etc.) Distributed by Trusted
Organizations.
See SANS Institute, Top Ten Cyber Security Menaces of 2008, http://www.sans.org/press/
top10menaces08.php.
3. The full dimension of the cybersecurity problem includes not only risks to the
confidentiality, integrity, and availability of sensitive data, but also substantial risks to the
command and control of important physical assets such as electric power grids, water
supply, and other critical infrastructure. See, e.g., DEPARTMENT OF HOMELAND SECURITY,
PRIMER CONTROL SYSTEMS CYBER SECURITY FRAMEWORK AND TECHNICAL METRICS (2009),
available at http://www.us-cert.gov/controlsystems/pdf/Metrics_primer_v9_7-13-09_FINA
L.pdf. “Electronic control systems that operate much of the Nation’s critical infrastructure
are increasingly connected to public networks, including the Internet. Consequently, control
systems and the associated critical infrastructure are at greater risk than before from
externally initiated cyber attacks.” Id. at 1.
4. Intelligence Community and Annual Threat Assessment: Hearing Before the Sen.
Armed Serv. Comm., 111th Cong. 38 (2009) (statement of Dennis C. Blair, Dir. of Nat’l
Intell.), available at http://www.dni.gov/testimonies/20090310_testimony.pdf (“As govern-
ment, private sector, and personal activities continue to move to networked operations, as
our digital systems add ever more capabilities, as wireless systems become even more
ubiquitous, and as the design, manufacture, and service of information technology have
moved overseas, the threat will continue to grow.”).
2010] A PRIMER ON CYBERSECURITY STRATEGY 29
There is an old saying that all roads lead to Rome. In the days of
the Roman Empire, roads radiated out from the capital city,
spanning more than 52,000 miles. The Romans built these roads to
access the vast areas they had conquered. But, in the end, these
same roads led to Rome's downfall, for they allowed the invaders to
6
march right up to the city gates.
5. Remarks by the President on Securing Our Nation’s Cyber Infrastructure (May 29,
2009), available at http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-
on-Securing-Our-Nations-Cyber-Infrastructure/.
6. Robert S. Mueller, III, Dir., FBI, Address at Penn State Forum Speaker Series
(Nov. 6, 2007), available at http://www.fbi.gov/pressrel/speeches/mueller110607.htm.
30 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 4:27
7
weekly in May of 2007. Under the skillful leadership of Melissa
8
Hathaway, the NCSG developed in less than a year the cyber strategy that
would later be adopted by the White House as the Comprehensive National
9
Cybersecurity Initiative (CNCI). The CNCI is contained within National
Security Presidential Directive 54, which is cross-designated as Homeland
Security Presidential Directive 23. That document remains classified and
therefore unavailable to the public, although the White House has released
10
an unclassified summary. Nevertheless, for purposes of this article,
knowing the entirety of the policy is less important than exploring the
framework used to develop, monitor, and coordinate the strategy.
It has been observed wisely that while no models are perfect for
developing strategy, some are at least useful. The first imperfect and
ultimately useless model that NCSG members considered was to break
down cybersecurity strategy into the three components of computer
network operations (CNO) – namely, computer network attack (CNA),
computer network exploitation (CNE), and computer network defense
11
(CND). At first blush, this approach seemed reasonable. If policy makers
7. The NCSG consists of dozens of senior managers from across the government.
The sheer number of high-level representatives seated at the table (and spilling over to the
seats lined up against the walls) is a visible indicator of the magnitude of both the cyber
problem set and the cyber solution set from within the federal executive branch alone. The
NCSG includes members from the seventeen-agency intelligence community, the Executive
Office of the President, and law enforcement, homeland security, military, and civilian
departments and agencies.
8. Hathaway was later called upon by President Obama to serve as Acting Senior
Director for Cyberspace for the National Security and Homeland Security Councils,
responsible for leading the 60-day interagency review of the plans, programs, and activities
underway throughout the government dedicated to cybersecurity. See President Obama
Directs the National Security and Homeland Security Advisors To Conduct Immediate
Cyber Security Review (Feb. 9, 2009), available at http://www.whitehouse.gov/the_press_
office/AdvisorsToConductImmediateCyberSecurityReview/.
9. Despite the underlying breadth and wisdom of the strategy, it is a fair criticism to
note that the CNCI name is overstated in its use of the term “comprehensive.” Getting our
nation’s collective arms around the problem known generally as “cybersecurity” is difficult,
if for no reason other than the dynamic nature of the global ecosystem known as
“cyberspace.” Policy makers cannot help but leave strategic gaps that are in need of
continual review. Cybersecurity policy, like cybersecurity itself, is a process. There are no
one-time solutions.
10. The unclassified summary of the CNCI is available at http://www.whitehouse.
gov/cybersecurity/comprehensive-national-cybersecurity-initiative.
11. The Department of Defense defines “Computer Network Operations” (CNO) as
“[c]omprised of computer network attack, computer network defense, and related computer
network exploitation enabling operations.” DEP’T OF DEF., DICTIONARY OF MILITARY AND
ASSOCIATED TERMS, Pub. No. JP1-02, at 96-97, available at http://www.dtic.mil/doctrine/
new_pubs/jp1_02.pdf. “Computer Network Attack” (CNA) consists of “[a]ctions taken
through the use of computer networks to disrupt, deny, degrade, or destroy information
resident in computers and computer networks, or the computers and networks themselves.”
2010] A PRIMER ON CYBERSECURITY STRATEGY 31
Id. “Computer Network Defense” (CND) is “[a]ctions taken to protect, monitor, analyze,
detect, and respond to unauthorized activity within the Department of Defense information
systems and computer networks.” Id. “Computer Network Exploitation” (CNE) is defined as
“[e]nabling operations and intelligence collection capabilities conducted through the use of
computer networks to gather data from target or adversary automated information systems or
networks.” Id.
12. By way of example, military doctrine describes the term “active defense” as “[t]he
employment of limited offensive action and counterattacks to deny a contested area or
position to the enemy.” Id. at 4.
13. See, e.g., Adam Stump, Vice Chairman Cites Need for Cyber Warfare
Experimentation, DEFENSE LINK, June 20, 2008, available at http://www.defenselink.mil/
news/newsarticle.aspx?id=50273 (reporting on remarks made by Vice Chairman of the Joint
Chiefs of Staff, Marine Corps Gen. James E. Cartwright, about building a military force that
has both the ‘defend and operate skills’ and the ‘exploit and attack skills.’).
14. See generally Title 10 of the United States Code; National Security Act of 1947,
Pub. L. No. 235, 61 Stat. 486 (1947) (vesting war powers in the Secretary of Defense); Title
50 of the United States Code; Exec. Order 12,333 (as amended), United States Intelligence
Activities, 73 Fed. Reg. 45,325 (July 30, 2008); and Title 18 of the United States Code
32 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 4:27
or service is delivered, and increases opportunities for adversaries to exploit U.S. government
networks); see also Department of Homeland Security, Acquisition and Outsourcing Working
Group: Mission, https://buildsecurityin.us-cert.gov/swa/acqwg.html (explaining that “[e]ach
organization in the supply chain path has an influence on the security or exploitability of the
software. Knowing who produced the software and being able to determine if they use security-
aware practices in producing software can provide the requisite transparency for informed risk-
based decisionmaking in purchasing software or contracting for software services.”); Trusted
Computing Group, Fact Sheet, http://www.trustedcomputinggroup.org/files/resource_files/7F3
8FA36-1D09-3519-ADD14CB3D28EFEA6/FACT%20SHEET%20May%202009.pdf (stating
that private sector consortia include the Trusted Computing Group, “a not-for-profit
organization formed to develop, define, and promote open specifications for trusted computing
and security technologies, including hardware building blocks and software interfaces, across
multiple platforms, peripherals and devices”).
17. As used in this article, the term “hacking” refers to the act of unlawfully accessing
a computer entirely without authorization, or accessing data or functions on a computer in a
manner that exceeds authorization. As a matter of U.S. federal law, the principal statute that
criminalizes hacking and related cyber offenses is 18 U.S.C. §1030. For purposes of
strategy, Distributed Denial of Service (DDoS) attacks are best considered within the
“remote access” category, even though they do not necessarily involve “access” into a
computer system.
18. As observed by the NIST, from a market standpoint, complete log analysis by any
individual company may lack a sufficient return on investment to justify the effort:
One of the challenges to the effective management of computer security logs is
balancing the availability of large amounts of log information with the limited
availability of organizational resources for analysis of the data. . . . Organizations
could realize benefits in using the data to reduce risks, but the staff time and
resources needed to perform the analyses and to manage the log information have
to be taken into consideration.
NAT’L INST. OF STANDARDS AND TECH., INFO. TECH. LAB. BULL., LOG MANAGEMENT: USING
COMPUTER AND NETWORK RECORDS TO IMPROVE INFORMATION SECURITY 1, 2 (2006),
available at http://csrc.nist.gov/publications/nistbul/b-10-06.pdf.
34 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 4:27
19. See DEPARTMENT OF HOMELAND SECURITY, U.S. COMP. EMER. READINESS TEAM
(U.S. CERT), USING WIRELESS TECHNOLOGY SECURELY 1 (2008), available at http://www.
us-cert.gov/reading_room/Wireless-Security.pdf
20. Id.
21. VERIZON BUSINESS RISK TEAM, 2009 DATA BREACH INVESTIGATIONS REPORT 11
(2009), available at http://www.verizonbusiness.com/resources/security/reports/2009_data
breach_rp.pdf (“Insider breaches (individually) continue to be much more damaging than
those caused by other sources . . . .”).
22. See, e.g., DAWN CAPPELLI ET AL., COMMON SENSE GUIDE TO PREVENTION AND
DETECTION OF INSIDER THREATS 5-6 (3d ed. 2009).
2010] A PRIMER ON CYBERSECURITY STRATEGY 35
Proximity
Access
Insider Access
25. From a risk management perspective, it is important to remain mindful that even
when a pre-positioned adversary does not have the intent to act, systems or data may be
inadvertently compromised through negligence or recklessness. For example, whether or
not those distributing the vast array of malicious software currently residing throughout our
networks intend to inflict harm, it is obvious that their creations have not been beta-tested to
avoid unintentional disruption.
26. BECKSTROM, supra note 24, at 2, 9 (referring to hacker economics).
38 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 4:27
CONCLUSION
27. See, e.g., Research and Innovative Tech. Admin., Plan for System Redundancies
To Ensure Appropriate Incident Response Activities and Continuity of Operations During
Emergency Situations, INTELL. TRANSP. SYS., Mar. 2002, available at http://www.itslessons.
its.dot.gov/its/benecost.nsf/Lesson?OpenForm&344A152BE286EA3A8525714200618BCD
^LLCats.
2010] A PRIMER ON CYBERSECURITY STRATEGY 39
of cybersecurity should carry out their direct and indirect roles in ways that
help to lower the threat, vulnerability, and adverse consequences associated
with supply chain and vendor access, remote access, proximity access, and
insider access. Anything less leaves the advantage with our adversaries.