Order Code RL33123 CRS Report for Congress Received through the CRS Web Terrorist Capabilities for Cyberattack Overview and Policy Issues Updated January 22 2007 John Rollins Specialist in Terrorism and International Crime Foreign Affairs Defense and Trade Division Clay Wilson Specialist in Technology and National Security Foreign Affairs Defense and Trade Division Congressional Research Service ˜ The Library of Congress Terrorist Capabilities for Cyberattack Overview and Policy Issues Summary Terrorist’s use of the internet and other telecommunications devices is growing both in terms of reliance for supporting organizational activities and for gaining expertise to achieve operational goals Tighter physical and border security may also encourage terrorists and extremists to try to use other types of weapons to attack the United States Persistent Internet and computer security vulnerabilities which have been widely publicized may gradually encourage terrorists to continue to enhance their computer skills or develop alliances with criminal organizations and consider attempting a cyberattack against the U S critical infrastructure Cybercrime has increased dramatically in past years and several recent terrorist events appear to have been funded partially through online credit card fraud Reports indicate that terrorists and extremists in the Middle East and South Asia may be increasingly collaborating with cybercriminals for the international movement of money and for the smuggling of arms and illegal drugs These links with hackers and cybercriminals may be examples of the terrorists’ desire to continue to refine their computer skills and the relationships forged through collaborative drug trafficking efforts may also provide terrorists with access to highly skilled computer programmers The July 2005 subway and bus bombings in England also indicate that extremists and their sympathizers may already be embedded in societies with a large information technology workforce The United States and international community have taken steps to coordinate laws to prevent cybercrime but if trends continue computer attacks will become more numerous faster and more sophisticated In addition a recent report by the Government Accountability Office states that in the future U S government agencies may not be able to respond effectively to such attacks This report examines possible terrorists’ objectives and computer vulnerabilities that might lead to an attempted cyberattack against the critical infrastructure of the U S homeland and also discusses the emerging computer and other technical skills of terrorists and extremists Policy issues include exploring ways to improve technology for cybersecurity or whether U S counterterrorism efforts should be linked more closely to international efforts to prevent cybercrime This report will be updated as events warrant Contents Introduction 1 Background 2 When is Cyberattack Considered Cyberterrorism 3 Objectives for a Cyberattack 3 Persistent Computer Security Vulnerabilities 5 U S Government Cybersecurity Efforts 7 Department of Homeland Security DHS 7 Department of Defense 7 FBI 8 NSA 8 CIA 8 Inter-Agency Forums 9 Changing Concerns about Cyberattack 2001-2006 9 Inconsistent Reporting of Terrorists’ Cyber Activities 11 Technical Skills of Terrorists 12 Cyberterrorism Capability of State Sponsors of Terrorism 15 Trends in Cyberterrorism and Cybercrime 16 The Insider Threat 19 Links Between Terrorism and Cybercrime 19 International Efforts to Prevent Cybercrime 21 Analysis and Policy Issues 22 Related Legislation 25 Terrorist Capabilities for Cyberattack Overview and Policy Issues Introduction Often it is very difficult to determine if a cyber attack or intrusion is the work of a terrorist organization with the objective of doing harm or a cyber criminal who wishes to steal information for purposes of monetary gain Just as terrorists and violent extremists often rely on exploiting vulnerabilities of targets seen as soft and easy to access to support possible future cyber attacks cyber criminals exploit these same vulnerabilities to gain access to information that may lead to monetary gain Implementation of a stronger policy for domestic physical security has reduced the risk to some targets that may have previously been vulnerable to physical attacks Also it is suggested by numerous experts that terrorists may be enhancing their computer skills or forming alliances with cybercriminals that possess a high-level of telecommunications expertise In addition continuing publicity about Internet computer security vulnerabilities may encourage terrorists’ interest in attempting a possible computer network attack or cyberattack against U S critical infrastructure To date the Federal Bureau of Investigation FBI reports that cyberattacks attributed to terrorists have largely been limited to unsophisticated efforts such as email bombing of ideological foes or defacing of websites However it says their increasing technical competency is resulting in an emerging capability for networkbased attacks The FBI has predicted that terrorists will either develop or hire hackers for the purpose of complimenting large conventional attacks with cyberattacks 1 Recently during the Annual Threat Assessment FBI Director Mueller observed that “terrorists increasingly use the internet to communicate conduct operational planning proselytize recruit train and to obtain logistical and financial support That is a growing and increasing concern for us ”2 IBM has reported that during the first half of 2005 criminal-driven computer security attacks increased by 50 percent with government agencies and industries in the United States targeted most frequently 3 Cybercrime is now a major criminal 1 Keith Lourdeau FBI Deputy Assistant Director testimony before the U S Senate Judiciary Subcommittee on Terrorism Technology and Homeland Security February 24 2004 2 Robert Mueller FBI Director testimony before the Senate Select Committee on Intelligence January 11 2007 3 IBM Press Release Government financial services and manufacturing sectors top targets o f s e c u r i t y a t t a c ks i n f i r s t h a l f of 2005 A u gu s t 2 2 0 0 5 CRS-2 activity and it may become increasingly difficult to separate some forms of cybercrime from suspected terrorist activities For example in a recent report from the House Homeland Security Committee FBI officials indicated that extremists have used identity theft and credit card fraud to support recent terrorist activities by Al Qaeda cells 4 Also according to press reports Indonesian police officials believe the 2002 terrorist bombings in Bali were partially financed through online credit card fraud 5 This report reviews publications and government reports to explore the following 1 examples of vulnerabilities that may raise the level of interest that terrorists might have in attempting a coordinated cyberattack 2 effects of the War on Terror that are driving terrorists to use the Internet more 3 inconsistent reporting about terrorists’ cyber activities and 4 ways that terrorists may be improving their cyber skills Background Distinctions between crime terrorism and war tend to blur when attempting to describe a computer network attack CNA in ways that parallel the physical world For example if a nation state were to secretly sponsor non-state actors who initiate a CNA to support terrorist activities or to create economic disruption the distinction between cybercrime and cyberwar becomes less clear Because it is difficult to tell from where a cyberattack originates an attacker may direct suspicion toward an innocent third party Likewise the interactions between terrorists and criminals who use computer technology may sometimes blur the distinction between cybercrime and cyberterrorism It also may be the case that individuals providing computer expertise to a criminal or terrorist may not be aware of the intentions of the individual that requested the support So far it remains difficult to determine the sources responsible for most of the annoying yet increasingly sophisticated attacks that plague the Internet Given the difficulty in determining the originator of the cyber intrusions or attacks some argue that unlike responding to traditional criminal acts the focus should be on the act rather than the perpetrator and the threshold for launching defensive and offensive actions should be lowered 3 continued http www ibm com news ie en 2005 08 ie_en_news_20050804 html 4 According to FBI officials Al Qaeda terrorist cells in Spain used stolen credit card information to make numerous purchases Also the FBI has recorded more than 9 3 million Americans as victims of identity theft in a 12-month period June 2005 Report by the Democratic Staff of the House Homeland Security Committee Identity Theft and Terrorism July 1 2005 p 10 5 Alan Sipress “An Indonesian’s Prison Memoir Takes Holy War Into Cyberspace ” Washington Post December 14 2004 p A19 CRS-3 The Internet is now used as a prime recruiting tool for insurgents in Iraq 6 Insurgents have created many Arabic-language websites that are said to contain coded plans for new attacks Some reportedly give advice on how to build and operate weapons and how to pass through border checkpoints 7 Other news articles report that a younger generation of terrorists and extremists such as those behind the July 2005 bombings in London are learning new technical skills to help them avoid detection by law enforcement computer technology 8 When is Cyberattack Considered Cyberterrorism Some observers feel that the term “Cyberterrorism” is inappropriate because a widespread cyberattack may simply produce annoyances not terror as would a bomb or other chemical biological radiological or nuclear explosive CBRN weapon However others believe that the effects of a widespread computer network attack would be unpredictable and might cause enough economic disruption fear and civilian deaths to qualify as terrorism At least two views exist for defining the term Cyberterrorism Effects-based Cyberterrorism exists when computer attacks result in effects that are disruptive enough to generate fear comparable to a traditional act of terrorism even if done by criminals Intent-based Cyberterrorism exists when unlawful or politically motivated computer attacks are done to intimidate or coerce a government or people to further a political objective or to cause grave harm or severe economic damage 9 Objectives for a Cyberattack The Internet whether accessed by a desktop computer or the many available handheld devices is the medium through which a cyberattack would be delivered However for a targeted attack10 to be successful the attackers usually require that the network itself remain more or less intact unless the attackers assess that the perceived gains from shutting down the network would offset the accompanying loss of communication A targeted cyberattack could be effective if directed against a 6 Jonathan Curiel “TERROR COM Iraq’s tech-savvy insurgents are finding supporters and luring suicide-bomber recruits over the Internet ” San Francisco Chronicle July 10 2005 http www sfgate com cgi-bin article cgi f c a 2005 07 10 CURIEL TMP 7 Jonathan Curiel “Iraq’s tech-savvy insurgents are finding supporters and luring suicidebomber recruits over the Internet ” San Francisco Chronicle July 10 2005 p A 01 8 Michael Evans and Daniel McGrory “Terrorists Trained in Western Methods Will Leave Few Clues ” London Times July 12 2005 9 For a more in-depth discussion of the definition of cyberterrorism see CRS Report RL32114 Computer Attack and Cyberterrorism Vulnerabilities and Policy Issues for Congress by Clay Wilson 10 A targeted attack is one where the attacker is intentionally attempting to gain access to or disrupt a specific target This is in contrast to a random attack where the attacker seeks access to or disrupt any target that appears vulnerable CRS-4 portion of the U S critical infrastructure and if timed to amplify the effects of a simultaneous conventional physical or chemical biological nuclear or radiological CBRN terrorist attack The objectives of a cyberattack include the following four areas 11 1 2 3 4 Loss of integrity such that information could be modified improperly Loss of availability where mission critical information systems are rendered unavailable to authorized users Loss of confidentiality where critical information is disclosed to unauthorized users and Physical destruction where information systems create actual physical harm through commands that cause deliberate malfunctions According to Richard Clarke former Administration Counter Terrorism Advisor and National Security Advisor if terrorists were to launch a widespread cyberattack against the United States the economy would be the intended target for disruption while death and destruction might be considered collateral damage 12 Many security experts also agree that a cyberattack would be most effective if it were used to amplify a conventional bombing or CBRN attack Such a scenario might include attempting to disrupt 911 call centers simultaneous with the detonating of an explosives devices This type of example is usually contrasted to a widespread coordinated cyberattack unaccompanied by a physical attack that would technically be very difficult to orchestrate and unlikely be effective in furthering terrorists’ goals Because such an attack cannot directly cause death and destruction this may explain why there is no evidence that terrorist groups have undertaken a significant cyber attack 13 However other observers say that because of interdependencies among infrastructure sectors a large-scale cyberattack that affected one sector could also have disruptive unpredictable and perhaps devastating effects on other sectors and possibly long-lasting effects to the economy These observers assert Al Qaeda and associated terrorist groups are becoming more technically sophisticated and years of 11 U S Army Training and Doctrine Command Cyber Operations and Cyber Terrorism Handbook No 1 02 August 15 2005 p II-1 and II-3 12 Kevin Rademacher reporting remarks of Richard Clarke at CardTech SecurTech security conference April 2005 “Clarke ID Theft Prevention Tied to Anti-terrorism Efforts ” Las Vegas Sun April 13 2005 at http www lasvegassun com sumbin stories text 2005 apr 13 518595803 html 13 Joris Evers “Does Cyberterrorism Pose a True Threat ” PCWorld March 14 2003 at http www peworld com news article 0 aid 109819 00 asp Joris Evers reporting remarks by Bruce Schneier at CeBIT technology trade show in March 2003 “Cyberterror Threat Overblown ” Computerworld March 14 2003 at http www computeworld com printthis 2003 0 4814 79368 00 html Gabriel Weimann Special Report - Cyberterrorism How Real is the Threat United States Institute of Peace Washington D C May 2004 Dan Ilett reporting remarks of Richard Clarke at the Oxford University Internet Institute in February 2005 Clarke joins latest cyberterror debate ZDNet UK February 11 2005 at http www zdnet co uk print TYPE story AT 39187582-39020375t-10000025c CRS-5 publicity about computer security weaknesses has made them aware that the U S economy could be vulnerable to a coordinated cyberattack 14 Publicity would be also one of the primary objectives for a terrorist attack Extensive coverage has been given to the vulnerability of the U S information infrastructure and to the potential harm that could be caused by a cyberattack This might lead terrorists to feel that even a marginally successful cyberattack directed at the United States may garner considerable publicity 15 Some suggest that were such a cyber attack by a terrorist organization to occur and become known to the general public regardless of the level of success of the attack concern by many citizens may lead to widespread withdrawal of funds and selling of equities Persistent Computer Security Vulnerabilities At the July 2005 Black Hat computer security conference a private sector sponsored annual meeting of organizations focused on cyber-security technology and related issues Las Vegas a security expert demonstrated an exploit of what many consider to be a significant Internet security flaw by showing how the most commonly used Internet routers the computer’s device that forwards data to a desired destination could quickly be hacked 16 This router vulnerability could allow an attacker to disrupt selected portions of the Internet or even target specific groups of banks or power stations 17 Security expert Bruce Schneier a recent critic of the idea of cyberterrorism reportedly agreed that the router flaw was a “major” Internet security vulnerability and could allow criminals to steal identity information or otherwise attack networks The company released in April 2005 a software patch to fix the problem but over the following four months had apparently not notified its customers and government agencies including DHS about the seriousness of the vulnerability 18 14 Dan Verton Black Ice The Invisible Threat of Cyber-Terrorism McGraw-Hill 2003 p 110 Keith Lourdeau Deputy Assistant Director of the FBI Cyber Division testimony before the Senate Judiciary Subcommittee on Terrorism Technology and Homeland Security February 24 2004 Ryan Naraine reporting remarks of Roger Cressey at Infosec World 2005 Cyber-Terrorism Analyst Warns Against Complacency eWEEK com April 4 2005 at http www eweek com article2 0 1759 1782288 00 asp 15 The Electronic Intrusion Threat to National Security and Emergency Preparedness NS EP Internet Communications Office of the Manager National Communications System December 2000 p 31 at http www ncs gov library reports electron ic_intrusion_threat2000_final2 pdf 16 Amy Storer Update IPv6 risks may outweigh benefits SearchSecurity com July 29 2005 at http searchsecurity techtarget com originalContent 0 289142 sid14_ gci1112459 00 html track NL-358 ad 525032USCA 17 Victor Garza Security researcher cause furor by releasing flaw in Cisco Systems IOS SearchSecurity com July 28 2005 at http searchsecurity techtarget com ori ginalContent 0 289142 sid14_gci1111389 00 html 18 Justin Rood Cisco Failed to Alert DHS Other Agencies About Software Security Flaw CQ Homeland Security August 2 2005 at http homeland cq com hs display d o docid 1810432 sourcetype 31 binderName news-all CRS-6 The United States may provide ample economic targets vulnerable to cyberattack thus tempting terrorist groups to increase their cyber skills 19 A February 2005 report by the President’s Information Technology Committee PITAC stated that the information technology infrastructure of the United States which is vital for communication commerce and control of the physical infrastructure is highly vulnerable to terrorist and criminal attacks The report also found that the private sector has an important role in protecting national security by deploying sound security products and by adopting good security practices 20 However a recent survey of 136 000 PCs used in 251 commercial businesses in North America found that a major security software patch known as SP2 was installed on only nine percent of the systems despite the fact that Microsoft advertized the importance of installing the security patch one year ago The remaining 91 percent of commercial businesses surveyed will continue to be exposed to major security threats until they deploy the software patch throughout their organizations 21 This may bring into question the extent to which the private sector will self-protect without greater incentive Several recent studies by global computer security firms found that the highest rates for computer attack activity were directed against critical infrastructures such as government financial services manufacturing and power These reports also show that the United States is the most highly targeted nation for computer attacks during the first half of 2005 United States computer systems were attacked at a rate 10 times higher than the next most highly targeted nation China see section titled “Trends in Cybercrime ” below 22 U S federal agencies have come under criticism in past years for the effectiveness of their computer security programs 23 Further a May 2005 report by the Government Accountability Office GAO stated that 19 Dan Verton Black Ice The Invisible Threat of Cyber-Terrorism McGraw-Hill 2003 p 110 Hereafter cited as Verton Black Ice 20 The President’s Information Technology Advisory Committee Cyber Security A Crisis of Prioritization Report to the President February 2005 p 25 http www nitrd gov pitac reports 20050301_cybersecurity cybersecurity pdf 21 John Foley “Businesses Slow to Deploy Windows XP SP2 ” Information Week April 26 2005 p 26 22 IBM News Report Finds Online Attacks Shift Toward Profit August 2 2005 at http www ibm com news us en 2005 08 2005_08_02 html Symantec Press Release Symantec Internet Security Threat Report Highlights Rise In Threats To Confidential Information March 21 2005 at http www symantec com press 2005 n050321 html 23 Based on 2002 data submitted by federal agencies to the White House Office of Management and Budget GAO noted in testimony before the House Committee on Government Reform GAO-03-564T April 8 2003 that all 24 agencies continue to have “significant information security weaknesses that place a broad array of federal operations and assets at risk of fraud misuse and disruption ” Christopher Lee November 20 2002 Agencies Fail Cyber Test Report Notes ‘Significant Weaknesses’ in Computer Security at http www washingtonpost com ac2 wp-dyn A12321-2002Nov19 language printer CRS-7 because of the growing sophistication of malicious code on the Internet the federal government may increasingly be limited in its ability to respond to cyber threats 24 U S Government Cybersecurity Efforts Many U S federal government departments and agencies have responsibilities and have established programs to address various aspects of cyber-security Some would argue that this level of federal effort demonstrates the government’s view as recognizing cyber-security as a national priority Others see the many organizations and programs as unnecessarily duplicative with the Nation lacking a coherent strategy for understanding the true cyber security threat or the roles and responsibilities of each federal government organization Department of Homeland Security DHS Some homeland security experts are concerned that the establishment of DHS has delayed federal government cyber security efforts significantly It is suggested that during a time when the terrorists appear to be growing more reliant on the internet and gaining valuable expertise and experience DHS the lead federal agency responsible for cybersecurity has not progressed to meet the challenges that might lie ahead Others cite the difficulty of ascertaining the intentions origination and groups behind cyberintrusions and attacks as a reason for DHS and the federal government’s lack of progress In February 2006 DHS participated in and sponsored exercise Cyber Storm which tested the ability of the U S government international partners and the private sector to recognize disrupt and respond to a large-scale cyber attack Analysis of the exercise produced eight major findings to better position the United States to “enhance the nation’s cyber preparedness and response capabilities ”25 While many were pleased that DHS conducted this exercise and recognized areas for improvement other homeland security observers found the findings to be an acknowledgment of the work that has not been accomplished since the establishment of the Department Department of Defense In August 2005 DOD Directive 3020 40 the “Defense Critical Infrastructure Program ” assigned functional responsibility within DOD for coordinating with public and private sector services for protection of defense critical infrastructures from terrorist attacks including cyberattack 26 DOD also announced the formation of the Joint Functional Component Command for Network Warfare JFCCNW which has responsibility for defending all DOD 24 GAO Information Security Emerging Cybersecurity Issues Threaten Federal Information Systems report 05-231 May 2005 25 DHS DHS Releases Cyber Storm Public Exercise Report September 13 2006 http www dhs gov xnews releases pr_1158341221370 shtm The eight cyber-security enhancement findings addressed Interagency Coordination Contingency Planning Risk Assessment and Roles and Responsibilities Correlation of Multiple Incidents between Public and Private Sectors Exercise Program Coordination between Entities of Cyber Incidents Common Framework for Response to Information Access Strategic Communications and Public Relations and Improvement of Process Tools and Technology 26 The Defense Critical Infrastructure is defined as those DOD and non-DOD networked assets essential to project support and sustain military forces and operations worldwide CRS-8 computer systems The expertise and tools used in this mission are for both offensive and defensive operations 27 FBI The FBI Computer Intrusion program provides administrative and operational support and guidance to field offices investigating computer intrusions A Special Technologies and Applications program supports FBI counterterrorism computer intrusion investigations and the FBI Cyber International Investigative program conducts international investigations through coordination with FBI Headquarters Office of International Operations and foreign law enforcement agencies 28 NSA The National Security Agency NSA has created the National Centers of Academic Excellence in Information Assurance Education CAEIAE Program which is intended to reduce vulnerability of national information infrastructure by promoting higher education in information assurance IA and by producing more professionals with IA expertise The NSA and the Department of Homeland Security DHS in support of the President’s National Strategy to Secure Cyberspace established in February 2003 now jointly sponsor the program Under this program four-year colleges and graduate-level universities are eligible to apply to be designated as a National Center of Academic Excellence in Information Assurance Education CAEIAE Students attending CAEIAE schools are eligible to apply for scholarships and grants through the Department of Defense Information Assurance Scholarship Program and the Federal Cyber Service Scholarship for Service Program SFS 29 CIA The CIA Information Operations Center which evaluates threats to U S computer systems from foreign governments criminal organizations and hackers conducted a cybersecurity exercise in 2005 called “Silent Horizon” to see how government and industry could react to Internet based attacks One problem the CIA wanted to examine was who would actually deal with a major cyberwar attack In theory the government is in charge but in practice the defenses are controlled by a number of civilian telecommunications firms The simulated cyber attacks were set five years into the future The stated premise of the exercise was that cyberspace would see the same level of devastation as the 9 11 hijackings 30 An earlier cyberterrorism exercise called “Livewire” concluded there were serious questions over government’s role during a cyberattack depending on who was identified as the culprit — terrorists a foreign government or bored teenagers It 27 John Lasker “U S Military’s Elite Hacker Crew ” Wired News April 18 2005 http www wired com news print 0 1294 67223 00 html 28 Keith Lourdeau testimony before the Senate Judiciary Subcommittee on Terrorism Technology and Homeland Security February 24 2004 http www fbi gov congress congress04 lourdeau022404 htm 29 30 National Security Agency http www nsa gov ia academia caeiae cfm Ted Bridis ‘Silent Horizon’ war games wrap up for the CIA USA Today May 26 2005 http www usatoday com tech news techpolicy 2005-05-26-cia-wargames_x htm CRS-9 also questioned whether the U S government would be able to detect the early stages of such an attack without significant help from private technology companies Inter-Agency Forums To improve cybersecurity for federal agencies and the critical infrastructure the Office of Management and Budget OMB has created a task force to investigate how agencies can better coordinate cybersecurity functions such as training incident response disaster recovery and contingency planning The U S Department of Homeland Security has also created a new National Cyber Security Division that will focus on reducing vulnerabilities in the government’s computing networks and in the private sector to help protect the critical infrastructure 31 Many security vendors agree that to combat cybercrime more effectively it must be treated as a global problem Some of these security vendors have created their own independent advance-warning systems for their customers through linking proprietary security equipment into global networks that share information collected by their distributed customer base One example is an early-warning cyber-security intrusion program that’s composed of a global network of 19 000 firewall and intrusion-detection devices maintained by thousands of volunteer data partners This early intrusion system correlates global data to detect the start of a possible swarming Internet attack originating simultaneously in different parts of the world and notifies administrators to help them defend their systems when targeted 32 A similar public private partnership security warning program was created through the Cyber Incident Detection Data Analysis Center CIDDAC 33 In 2005 CIDDAC will install special sensors on the networks of participating partner companies to automatically detect cyberattacks and notify administrators and law enforcement Changing Concerns about Cyberattack 2001-2006 Following the September 11 attacks public concerns were high about the threat of a possible follow-on cyberattack from terrorist groups 34 Subsequently there has been disagreement among security experts about 1 whether such an attack could 31 Jason Miller “New Cybersecurity Team Meets this Week ” Government Computer News March 21 2005 Grant Gross “Homeland Security to Oversee Cybersecurity ” PC World June 9 2003 at http www pcworld com news article 0 aid 111066 00 asp 32 Paul Roberts “Symantec Offers Early Warning of Net Threats ” PC World February 12 2003 at http www pcworld com news article 0 aid 109322 00 asp 33 CIDDAC is a not-for-profit organization that combines private and government perspectives to facilitate automated real-time sharing of cyberattack data CIDDAC is specifically designed to protect privacy rights while collecting cyber threat information from sensors attached to corporate computer networks 34 In July 2002 Gartner Research and the U S Naval War College hosted a three-day seminar-style war game called “Digital Pearl Harbor” DPH with the result that 79% of the gamers said that a strategic cyberattack against the United States was likely within the next two years Gartner Research ‘Digital Pearl Harbor’ Defending Your Critical Infrastructure October 4 2002 at http www gartner com pages story php id 2727 s 8 jsp CRS-10 possibly be launched by terrorists against U S civilian critical infrastructure or 2 whether such an attack could seriously disrupt the U S economy 35 Simulated cyberattacks conducted by the U S Naval War College in 2002 indicated that attempts to cripple the U S telecommunications infrastructure would be unsuccessful because system redundancy would prevent damage from becoming too widespread Many observers suggest that evidence from natural disasters shows that many the critical infrastructure systems including banking power water and air traffic control would likely recover rapidly from a possible cyberattack 36 To date there has been no published report of a coordinated cyberattack launched against the critical infrastructure by a terrorist or terrorist group Dennis McGrath of the Institute of Security Technology Studies at Dartmouth College reportedly observed that “We hear less and less about a digital Pearl Harbor Cyberterrorism is not at the top of the list of discussions ”37 In May 2005 the CIA reportedly conducted a classified war game dubbed “Silent Horizon ” to practice defending against a simulated widespread cyberattack directed against the United States The national security simulation was considered significant because many U S counterterrorism experts feel that far-reaching effects from a cyberattack are highly unlikely 38 However other observers believe that tests of countermeasures even for unlikely events may sometimes be prudent Many cyber security observers are concerned that U S government efforts to date have not effectively prepared the nation for a catastrophic cyberattack A Business Roundtable report issued in June 2006 found three “cyber-gaps” that are keeping the United States from being prepared to recognize and respond to a cyberattack 1 the lack of established indicators that would indicate an attack is underway 2 a failure to identify who is responsible for restoring affected infrastructure and 3 a lack of dedicated resources to assist in returning cyber 35 Robert Gates former CIA director warned that the threat of cyberterrorism should be taken particularly seriously Keith Lourdeu deputy assistant director of the FBI Cyber Division stated that “our networked systems make inviting targets for terrorists due to the potential for large-scale impact on the nation ” Douglas Schweitzer “Be Prepared for Cyberterrorism ” Computerworld April 6 2005 However others believe that infrastructure systems are robust and could recover quickly Richard Forno “Shredding the Paper Tiger of Cyberterrorism ” Security Focus September 25 2002 at http www securityfocus com printable columnists 111 See also CRS Report RL32114 Computer Attack and Cyberterrorism Vulnerabilities and Policy Issues for Congress by Clay Wilson 36 Scott Nance “Debunking Fears Exercise Finds ‘Digital Pearl Harbour’ Risk Small ” Defense Week April 7 2003 at http www kingpublishing com publications dw William Jackson “War College Calls Digital Pearl Harbor Doable ” Government Computer News August 23 2002 at http www gcn com vol1_no1 daily-updates 19792-1 html 37 38 “CIA Overseeing 3-Day Wargame on Internet ” Associated Press May 25 2005 Ted Bridis “‘Silent Horizon’ War Games Wrap up for the CIA ” USA Today May 26 2005 at http www usatoday com tech news techpolicy 2005-05-26-cia-wargames_x htm CRS-11 operations to a pre-attack condition 39 Due to increased security measures applied to physical facilities and U S government efforts to track and engage groups in their home countries many believe the internet will increasingly play a bigger role in terrorist support and operational efforts Many observers that monitor the Internet suggest that due to the effects of intensified counterterrorism efforts worldwide Islamic extremists are gravitating toward the Internet and are succeeding in organizing online where they have been failing in the physical world Terrorist groups increasingly use online services for covert messaging through steganography anonymous e-mail accounts and encryption 40 Inconsistent Reporting of Terrorists’ Cyber Activities Some security observers argue that a lack of consistent reporting on the true nature of the cyber-security threat is a direct by-product of the federal government’s lack of strategy and inability to clarify assignments for the numerous departments and agencies that have some responsibility for the issue Others note that the numerous recent governmental organizations are the reason for the delay in progress and also predict that as DHS and the Office of the Director of National Intelligence mature the issue of cyber-security assessments and reporting may receive a higher priority A review of two annual U S government reports on terrorism activity shows inconsistent attention to the issue of possible cyberterrorism 41 Two federal agencies report on terrorism activity annually 1 the Department of State’s DOS Patterns of Global Terrorism42 and 2 the Federal Bureau of Investigation’s Annual Terrorism in the United States 43 In the DOS reports for the years 1996 to 1999 brief mention is made of cyberterrorism issues In the year 2000 the report acknowledges that “widespread availability of hacking software and its anonymity and increasingly automated design make it likely that terrorists will more frequently incorporate these tools into their online activity ” In 2001 however no mention of cyberterrorism issues appeared in 39 Business Roundtable Essential Steps to Strengthen America’s Cyber Terrorism Preparedness June 2006 at http www businessroundtable org pdf 20060622002CyberReconFinal6106 pdf 40 Terrorist suspects are reportedly using encryption techniques to prevent police from accessing vital intelligence on seized computers according to U K police Stewart Tendler “Encrypted Files Frustrate Police ” Times Online July 20 2005 at http technology timesonline co uk article 0 20409-1701405 00 html See CryptoHaven at http www cryptoheaven com and SecretMaker at http www secretmaker com emailsecurer steganography default html 41 John Rollins Specialist in Terrorism and International Crime Congressional Research Service August 2005 42 “Country Reports on Terrorism” is submitted in compliance with Title 22 of the United States Code Section 2656 f which requires the Department of State to provide Congress with a full and complete annual report on terrorism for those countries and groups meeting the criteria of Section a 1 and 2 of the act at http www state gov s ct rls c14812 htm 43 http www fbi gov publications htm CRS-12 the DOS report and for the years 2002 to 2004 only mentions of various security forums and international cybersecurity working groups were noted The FBI’s Annual Terrorism Report similarly was inconsistent in mentioning cyberterrorism issues In the 1996 and 1997 reports there was no mention of cyberterrorism or related activity In 1998 the report acknowledged that “cyber tools may find their way in the hands of terrorist” and speculated that “the spread of cyberattack tools like the proliferation of conventional weapon technology may eventually wind up in the hands of terrorists ” The following year 1999 the Report stated that “the threat of cyberterrorism will grow in the new Millennium as the leadership positions in extremist organizations are increasingly filled with younger Internet-savvy individuals ” These two reports arguably suggested that the issue of cyberterrorism was being followed closely The Reports from 2000 to 2003 mentioned cyberterrorism but only in the programmatic aspect regarding organizational changes the FBI was putting in place to address cybersecurity with no mention of past or projected cyberterrorism incidents or issues The FBI did not produce a report in 2004 and one is not yet due for 2005 Since the attacks of 9 11 many observers are concerned that increased efforts to safeguard facilities infrastructure personnel safety and the decrease in the DOS’s and FBI’s discussion of cybersecurity issues together may indicate a lack of appreciation for the threat that may be facing the United States from possible cyberterrorism Others suggest that although the frequency and severity of cyberattacks are on the rise the federal government may not be sufficiently increasing its efforts to improve cybersecurity 44 Technical Skills of Terrorists Through captured literature it is known that many Al Qaeda members are well educated and have familiarity with engineering and other technical areas 45 During a November 2001 attack by U S forces Al Qaeda fighters fled from Kabul Afghanistan leaving behind many documents and sensitive information that yielded a profile of some Al Qaeda operatives as well-educated and trained in the use of computer systems “Technical treatises in Arabic English German as well a students’ notebooks in Arabic Turkish Kurdish and Russian reflected a consistent interest in and widespread familiarity with electrical and chemical engineering atomic physics ballistics computers and radios ” according to researchers and journalists who reportedly examined the documents 46 Just as people all over the world now use the Internet terrorists also use it as a modern tool for communication Terrorists and extremist groups have reportedly 44 GAO Information Security Emerging Cybersecurity Issues Threaten Federal Information Systems report 05-231 May 2005 45 Tom Spring “Al Qaeda’s Tech Traps ” PC World September 1 2004 http www pcworld com news article 0 aid 117658 00 asp 46 Anthony Davis “The Afghan files Al-Qaeda Documents from Kabul ” Jane’s Intelligence Review February 1 2002 CRS-13 generated thousands of Internet web sites to support psychological operations fund raising recruitment and coordination of activities Recently the Department of State’s Counterterrorism Director noted “the most worrisome scenario of another attack in the homeland is lone operatives who slip into the country and take directions through cyberspace ”47 A significant concern is that some of these web sites used for the suspected terrorist activity are hosted on Internet Service Providers inside the United States 48 The level of technical sophistication of the extremist groups that use and operate these web sites has also increased In 2006 it was reported that an organization linked to al-Qaeda produced a 26-page manual providing instructions on the use of the Google search engine to further the goals of global jihad 49 Recently British forces in Iraq have found print-outs of Google-Earth pictures that reportedly were to be used for targeting of coalition forces 50 A recent study of more than 200 000 multimedia documents on 86 sample websites concluded that extremists exhibited similar levels of web knowledge as U S government agencies and that the terrorist websites employed significantly more sophisticated multimedia technologies than U S government websites The study concluded that these extremist websites support advanced Internet-based communication tools such as online forums and chat rooms more frequently than U S government web sites 51 Because of perceived anonymity terrorist likely feel safer when working together on the Internet In April 2002 the Central Intelligence Agency CIA stated in a letter to the U S Senate Select Committee on Intelligence that cyberwarfare attacks against the U S critical infrastructure will become a viable option for terrorists as they become more familiar with the technology required for the attacks Also according to the CIA various groups including Al Qaeda and Hizballah are becoming more adept at using the Internet and computer technologies and these groups could possibly develop the skills necessary for a cyberattack 52 In February 2005 FBI director Robert Mueller testified before the Senate Select Committee on Intelligence that terrorists show a growing understanding of the critical role of information technology 47 Michael Isikoff Terror We’re Going to Get Hit Newsweek January 22 2007 48 Internet Service Providers ISPs are not liable for terrorist propaganda posted on their systems unless they have actual knowledge of it Once discovered terrorist web sites can quickly jump to another ISP faster than system administrators or law enforcement can track them Evan Kohlman Al Qaeda on the Internet Washington Post online interview August 8 2005 3 P M E T 49 “Terrorists Launch Google Guide ” The Jawa Report November 29 2006 http mypetjawa mu nu archives 185504 php 50 Thomas Harding “Terrorists use Google Maps to hit UK Troops ” Telegraph January 13 2007 http www telegraph co uk news main jhtml xml news 2007 01 13 wgoogle13 xml 51 Jialun Qin et al Analyzing terror campaigns on the internet Technical sophistication content richness and Web interactivity International Journal of Human-Computer Studies November 1 2006 vol 65 p 71-84 52 Verton Black Ice p 87 CRS-14 in the U S economy and have expanded their recruitment to include people studying math computer science and engineering 53 Senior leadership of al-Qaeda who reportedly have access to the most modern technology equipment 54 and other terrorist groups are reportedly building a massive and dynamic online library of training materials many of which are supported by subject matter experts who answer questions on message boards or in chat rooms This online library covers such areas as how to mix poisons for chemical attacks how to ambush U S soldiers how to coordinate a suicide bomb attack and how to hack computers 55 One discussion forum popular with supporters of terrorism is called Qalah or Fortress where potential al Qaeda recruits can find links to the latest in computer hacking techniques in a discussion area called “electronic jihad ”56 Some security experts do not think it is worthwhile to hijack or disrupt the web sites created by terrorists This is because terrorists will usually find a way to quickly put their sites back up under different multiple names which may be even more difficult to monitor Instead U S intelligence sources can gain valuable information by simply monitoring the web sites they already know about This may also include monitoring the Internet addresses of those who frequent these web sites However more skilled analysts are needed to help translate the communications and information that is posted on the many different terrorist web sites 57 The Washington Times has reported that Islamic extremists are calling for creation of an Islamist hackers’ army to plan cyberattacks against the U S government and that postings on the extremist bulletin board al-Farooq carry detailed cyberattack instructions and include spyware programs for download that can be used to learn the passwords of targeted users 58 Other extremist websites reportedly resemble online training camps that may offer instructions for how to create a safe-house how to clean a rocket-propelled grenade launcher or what to do if captured 59 53 Testimony before the Senate Select Committee on Intelligence February 16 2005 54 “Al-Qaida leaders have the best computer technology that money can buy ” Evan Kohlmann terrorism consultant Newsday Tunnel Plot Talk in Web Chat rooms can net cyber terrorists July 8 2006 55 Some have described these web training sites as an open university for jihad Steve Coll and Susan Glasser “Terrorists Turn to the Web as Base of Operations ” Washington Post Aug 7 2005 A1 56 Steve Coll and Susan Glasser “Terrorists Turn to the Web as Base of Operations ” Washington Post Aug 7 2005 A1 57 Susan Glassar “The Iraq Insurgency’s Online Strategy ” Washington Post online interview August 9 2005 11 A M E T 58 Shaun Waterman “Islamists Seek To Organize Hackers’ Jihad in Cyberspace ” Washington Times August 26 2005 p 9 59 Tom Spring “Al Qaeda’s Tech Traps ” PCWorld September 1 2004 at http www pcworld com news article 0 aid 117658 00 asp CRS-15 Iman Samudra convicted and now awaiting execution for taking part in the 2002 bombings of two Bali nightclubs has written a book titled “Aku Mekawan Terroris ” which reportedly translates to “Me Against the Terrorist” Samudra advocates that Muslim youth actively develop hacking skills “to attack U S computer networks ” Samudra names several websites and chat rooms as sources for increasing hacking skills He urges Muslim youth to obtain credit card numbers and use them to fund the struggle against the United States and its allies 60 The terrorist attacks in Bali and recent attacks in several other countries may have been funded through stolen credit cards 61 Cyberterrorism Capability of State Sponsors of Terrorism Methods for conducting information warfare to advance the goals of a nation state might also involve secretly sponsoring terrorists In March 2005 a Department of Homeland Security DHS report indicated that of the six nations currently listed by the State Department as terrorist sponsors five of them — North Korea Sudan Syria Libya and Cuba — are described as a diminishing concern for terrorism Only Iran remains listed as a nation-state possibly having a future motivation to assist terrorist groups in attacking the United States homeland However some experts believe that a decline in state-sponsorship of terrorism may push terrorist organizations to increasingly embrace the drug trade or other forms of cybercrime 62 China is often cited as providing government support to computer-hackers A paper published in 1999 authored by two senior colonels in the Chinese military specifically discusses the need for China to place new emphasis on information warfare methods to attack enemy financial markets civilian electricity networks and telecommunications networks by burying “ a computer virus and hacker detachment in the opponent’s computer systems in advance ” of launching the information warfare network attacks 63 DOD officials have acknowledged that hackers apparently based in China have been successfully penetrating U S military networks since 2001 and perhaps earlier Although some of these successful cyberattacks were directed against unclassified networks one intrusion reportedly did obtain data about a future Army command and 60 FBI Report FEA20041222000744 version 17 Convicted Indonesian Terrorist Calls for Computer Hacking Jihad Against US December 4 2004 https www fbis gov portal server pt gateway PTARGS_0_22439_246_203_0_43 http %3B apps fbis gov%3B7011 fbis gov search Search action viewDocument holding 5 051585 61 Richard Clarke former counterterrorism advisor for Presidents George W Bush and Bill Clinton stated that we are vulnerable to people who would use our identities against us Kevin Rademacher “Clarke ID Theft Prevention Tied to Anti-Terrorism Efforts Las Vegas Sun April 13 2005 at http www lasvegassun com sunbin stories text 20 05 apr 13 518595803 html 62 Jennifer Hesterman Transnational Crime and the Criminal-Terrorist Nexus Walker Paper No 1 Air University Air University Press May 2005 p 32 63 Qioa Lang and Wang Xiangsui Unrestricted Warfare Beijing PLA Literature and Arts Publishing House February 1999 CRS-16 control system 64 Although the hackers are suspected to be based in China DOD and security officials remain divided over 1 whether the ongoing cyberattacks are coordinated or sponsored by the Chinese government 2 whether they are the work of individual and independent hackers or 3 whether the cyberattacks are being initiated by some third-party organization that is using network servers in China to disguise the true origins of the attacks It remains very difficult to determine the true identity purpose or sponsor if any of a cyber attacker Trends in Cyberterrorism and Cybercrime Today cyberattacks are increasingly designed to silently steal information without leaving behind any damage that would be noticeable to a user These types of attacks attempt to escape detection in order to remain on host systems for longer periods of time Research has shown that attackers are now focusing their efforts on infecting home user desktops or taking control of web applications allowing the attacker to steal confidential information such as passwords or account codes The attackers are also using new malicious code tools called “bot networks” that attempt to deny Internet service to targeted victims According to recent studies by the security organization Symantec and the Cyber Security Industry Alliance in the first six months of 2006 the home user sector accounted for a large percentage of all targeted attacks and many home users now believe their financial and personal information may be at risk due to cybercrime 65 Identity theft involving thousands of victims is enabled by advances in computer technology and by poor computer security practices 66 In June 2006 officials from the U S Department of Energy acknowledged that names and personal information belonging to more than 1 500 employees of the National Nuclear Security Administration NNSA had been stolen in a network intrusion that apparently took place starting in 2004 The NNSA did not discover the security breach until one year after it had occurred 67 64 Frank Tiboni “The New Trojan War ” Federal Computer Week August 22 2005 p 60 Nathan Thornburgh Inside the Chinese Hack Attack August 25 2005 at http www time com time nation printout 0 8816 1098371 00 html 65 Vincent Weafer Statement before the House Subcommittee on Telecommunications and the Internet Committee on Energy and Commerce September 13 2006 66 On April 12 2005 personal information such as Social Security Numbers for 310 000 U S citizens may have been stolen in a data security breach that involved 59 instances of unauthorized access into its corporate databases using stolen passwords Boston College reported in March 2005 that a hacker had gained unauthorized access to computer database records with personal information for up to 106 000 alumni and in the same month Chico State University of California reported that its databases had been breached containing the names and Social Security numbers for as many as 59 000 current and former students David Bank and Christopher Conkey “New Safeguards for Your Privacy ” The Wall Street Journal March 24 2005 p D1 67 Dawn Onley and Patience Wait DOD’s efforts to stave off nation-state cyberattacks begin with China Government Computer News August 21 2006 CRS-17 A series of computer attacks launched in 2003 against DOD systems and computer systems belonging to DOD contractors apparently went undetected for many months This series of cyberattacks was labeled “Titan Rain ” and was suspected by DOD investigators to originate in China The attacks were directed against the U S Defense Information Systems Agency DISA the U S Redstone Arsenal the Army Space and Strategic Defense Installation and several computer systems critical to military logistics Although no classified systems were breached many files were copied containing information that is sensitive and subject to exportcontrol laws In November 2006 an extended computer attack against the U S Naval War College in Newport Rhode Island prompted officials to disconnect the entire campus from the Internet 68 DOD officials acknowledge that the Global Information Grid which is the main network for the U S military experiences more than three million daily scans by unknown potential intruders DOD officials also suspect that most of these scans originated in the United States and in China although some of the attacks apparently only traversed through networks in China casting some doubt on the true origin 69 Security experts warn that all U S federal agencies should now be aware that in cyberspace some countries consider that no boundaries exist between military and civilian targets According to an August 2005 computer security report by IBM more than 237 million overall security attacks were reported globally during the first half of the year 70 Government agencies were targeted the most reporting more than 54 million attacks while manufacturing ranked second with 36 million attacks financial services ranked third with approximately 34 million and healthcare received more than 17 million attacks The most frequent targets for these attacks all occurring in the first half of 2005 were government agencies and industries in the United States 12 million followed by New Zealand 1 2 million and China 1 million These statistics may represent an underestimation given that most security analysts agree that the number of incidents reported are only a small fraction of the total number of attacks that actually occur Usually a cyberattack is difficult to detect until after it is well underway and may involve hundreds or thousands of compromised computers from all parts the globe that are directed by a cybercriminal to attack as a swarm If the attack is directed against a yet-undisclosed or newly-discovered security vulnerability the targeted computer systems may be at a significant disadvantage Most commercial computer security safeguards operate mainly to prevent the types of attacks that are 68 Chris Johnson Naval War College Network Web Site Back Up Following Intrusion Inside the Navy December 18 2006 69 Some estimates say that up to 90% of computer software used in China is pirated and thus open to hijack through computer viruses James Lewis Computer Espionage Titan Rain and China Center for Strategic and International Studies December 14 2005 70 The Global Business Security Index reports worldwide trends in computer security from incidents that are collected and analyzed by IBM and other security organizations IBM press release IBM Report Government Financial Services and Manufacturing Sectors Top Targets of Security Attacks in First Half of 2005 IBM August 2 2005 CRS-18 already known to administrators A new unique type of attack against computers may encounter inadequate untested or non-existent defenses A 2004 survey by an internet security company covering 450 networks in 35 countries found that hacking had become a profitable criminal pursuit 71 Hackers sell unknown computer vulnerabilities commonly called “zero-day exploits” on the black market to criminals who use them for fraud Hackers with networks of compromised computers also known as “bot nets” rent them to other criminals who use them to launch coordinated attacks against targeted individuals or businesses including banks or other institutions that manage financial information 72 It has been reported that stolen credit card numbers and bank account information are now traded online in a highly structured arrangement involving buyers seller intermediaries and service industries These services include offering to conveniently change the billing address of a theft victim through manipulation of stolen PINs or passwords Estimates by some observers are that in a highly profitable black market each stolen MasterCard number can be sold for between $42 and $72 73 MasterCard International reported that in 2005 more than 40 million credit card numbers belonging to U S consumers were accessed by computer hackers and were at risk of being used for fraud 74 Some of these account numbers were reportedly being sold on a Russian website and some consumers have reported fraudulent charges on their statements Officials at the UFJ bank in Japan reportedly stated that some of that bank’s customers may also have become victims of fraud related to theft of MasterCard information 75 In Autumn 2004 organized cybercriminals appear to have infiltrated the computer systems of the London offices of Sumitomo the Japanese bank in an attempt to steal £220 million The cybercriminals reportedly planned to transfer the money to other bank accounts around the world Officials at the London police fraud squad reportedly stated that Sumitomo is the only incident so far in which an attack 71 Counterpane Internet Security Attack http www schneier com essay-085 pdf Trends 2005 June 2005 at Bruce Schneier Attack Trends 2004 and 2005 June 6 http www schneier com blog archives 2005 06 attack_trends_2 html 2005 at 72 73 CCRC staff Russia Biggest Ever Credit Card Scam Computer Crime Research Center July 8 2005 at http www crime-research org news 08 07 2005 1349 74 Jonathan Krim and Michael Barbaro “40 Million Credit Card Numbers Hacked ” Washington Post June 18 2005 p A01 See also the report by the U S House of Representative Homeland Security Committee July 1 2005 raising concerns about potential ties between identity theft victims and terrorism Caitlin Harrington “Terrorists Can Exploit Identity Theft Report From House Democrats Says ” CQ Homeland Security July 1 2005 75 BBC News Japan Cardholders ‘Hit’ by http news bbc co uk 1 hi business 4114252 stm Theft June 21 2005 at CRS-19 by external cybercriminals has nearly succeeded against a major bank 76 Figures from the National Hi-Tech Crime Unit in England show that in 2003 at least 83% of U K companies were targeted by hackers in attempts to seize control of their systems 77 The Insider Threat A 2003 study of security incidents conducted by the U S Secret Service and the Carnegie Mellon Software Engineering Institute found that attacks on computer systems committed by insiders with authorized access have reportedly cost industry millions of dollars in fraud and lost data 78 Insider employees with access to sensitive information systems can initiate threats in the form of malicious code inserted into software that is being developed either locally or under offshore contracting arrangements For example in January 2003 20 employees of subcontractors working in the United States at the Sikorsky Aircraft Corporation were arrested for possession of false identification used to obtain security access to facilities containing restricted and sensitive military technology All of the defendants pleaded guilty and have been sentenced except for one individual who was convicted at trial on April 19 2004 79 Links Between Terrorism and Cybercrime The proportion of cybercrime that can be directly or indirectly attributed to terrorists is difficult to determine Linkages between criminal and terror groups may allow terror networks to expand and undertake large attacks internationally by leveraging criminal sources money and transit routes For example observers speculate that Aftab Ansari a criminal suspect located in Dubai used ransom money earned from prior kidnappings to assist with funding for the September 11 2001 terrorist attacks Also London police officials believe that terrorists obtained the high-quality explosives used for the 2005 bombings through involvement with an Eastern European black market 80 The recent subway and bus bombings in the U K also indicate that groups of terrorists may be active within other countries that have large computerized infrastructures along with a large highly skilled information technology workforce A report by the Department of Homeland Security DHS predicts that other possible sponsors of terrorist attacks against the United States homeland may include groups such as Jamaat ul-Fuqura a Pakistani-based 76 Conal Walsh “Terrorism on the Cheap — and with No Paper Trail ” The Guardian Observer London July 17 2005 Hereafter cited as Walsh Terrorism on the Cheap 77 Hi-Tech Crime The Impact on U K Business 2005 2004 Survey at http www nhtcu org media documents publications 8817_Survey pdf 78 Marisa Randazzo et al Insider Threat Study Illicit Cyber Activity in the Banking and Finance Sector Carnegie Mellon Software Engineering Institute August 2004 79 80 U S Attorneys Office District of Connecticut at http www usdoj gov usao ct attf html Walsh Terrorism on the Cheap Rollie Lal “Terrorists and Organized Crime Join Forces ” International Herald Tribune May 25 2005 at http www iht com articles 2005 05 23 opinion edlal php Barbara Porter “Forum Links Organized Crime and Terrorism ” By George summer 2004 http www2 gwu edu bygeorge 060804 crimeterrorism html CRS-20 organization allegedly linked to Muslims of America Jamaat al Tabligh an Islamic missionary organization and the American Dar Al Islam Movement 81 Officials of the U S Drug Enforcement Agency DEA reported in 2003 that 14 of the 36 groups found on the U S State Department’s list of foreign terrorist organizations were involved in drug trafficking Consequently DEA officials reportedly argued that the war on drugs and the war on terrorism are and should be linked 82 A 2002 report by the Library of Congress Federal Research Division revealed a “growing involvement of Islamic terrorist and extremists groups in drug trafficking” and limited evidence of cooperation between different terrorist groups involving both drug trafficking and trafficking in arms 83 State Department officials at a Senate hearing in March 2002 also indicated that some terrorist groups may be using drug trafficking as a way to gain financing while simultaneously weakening their enemies in the West through exploiting their desire for addictive drugs 84 Western Europe and North America continue to be regions that have major narcotics markets optimal infrastructure and open commercial nodes that increasingly serve the transnational trafficking needs of both criminal and terrorist groups 85 Drug traffickers are reportedly among the most widespread users of computer messaging and encryption and often have the financial clout to hire high level computer specialists capable of using steganography writing hidden messages contained in digital photographs and other means to make Internet messages hard or impossible to decipher Access to such high level specialists can allow terrorist organizations to transcend borders and operate internationally without detection 81 The DHS report dated January 2005 is entitled “Integrated Planning Guidance Fiscal Years 2005-2011 ” Justin Rood “Animal Rights Groups and Ecology Militants Make DHS Terror List Right-Wing Vigilantes Omitted ” CQ Homeland Security March 25 2005 Eric Lipton “Homeland Report Says that Threat From Terror-List Nations Is Declining ” The New York Times March 31 2005 p A9 82 Authorization for coordinating the federal war on drugs expired on September 30 2003 For more information see CRS Report RL32352 War on Drugs Reauthorization of the Office of National Drug Control Policy by Mark Eddy Also see D C Préfontaine QC and Yvon Dandurand Terrorism and Organized Crime Reflections on an Illusive Link and its Implication for Criminal Law Reform International Society for Criminal Law Reform Annual Meeting — Montreal August 8 — 12 Workshop D-3 Security Measures and Links to Organized Crime August 11 2004 at http www icclr law ubc ca Pu blications Reports International%20Society%20Paper%20of%20Terrorism pdf 83 L Berry G E Curtis R A Hudson and N A Kollars A Global Overview of Narcotics-Funded Terrorist and Other Extremist Groups Federal Research Division Library of Congress Washington DC May 2002 84 Rand Beers and Francis X Taylor U S State Department Narco-Terror The Worldwide Connection Between Drugs and Terror testimony before the U S Senate Judiciary Committee Subcommittee on Technology Terrorism and Government Information March 13 2002 85 Glenn Curtis and Tara Karacan The Nexus Among Terrorists Narcotics Traffickers Weapons Proliferators and Organized Crime Networks in Western Europe A study prepared by the Federal Research Division Library of Congress December 2002 p 22 at http www loc gov rr frd pdf-files WestEurope_NEXUS pdf CRS-21 Many highly trained technical specialists available for hire are located in the countries of the former Soviet Union and in the Indian subcontinent Some specialists will not work for criminal or terrorist organizations willingly but may be misled or unaware of their employers political objectives Still others will agree to provide assistance because well-paid legitimate employment is scarce in their region 86 An emerging area of concern is the involvement of terrorist groups in counterfeiting of intellectual property which can be even more lucrative than drug trafficking In other areas where criminals and terrorists work together to move money internationally members of terrorist groups may be given special training in computer software or in engineering to facilitate communications through the Internet In-house financial specialists and experienced advisors may also knowingly or sometimes unknowingly help cybercriminals evade the scrutiny of bank regulators and international investigators These reportedly may include accountants bank employees in offshore zones and in major financial centers who may or may not also be terrorists or supportive of the political motives of their clients 87 International Efforts to Prevent Cybercrime Cybercrime is a major international challenge however attitudes about what composes a criminal act of computer wrongdoing may still vary from country to country The European Union has set up the Critical Information Infrastructure Research Coordination Office CI2RCO which is tasked to examine how its member states are protecting their critical infrastructures from possible cyberattack The project will identify research groups and programs focused on IT security in critical infrastructures The Convention on Cybercrime was adopted in 2001 by the Council of Europe a consultative assembly of 43 countries based in Strasbourg The Convention effective July 2004 is the first and only international treaty to deal with breaches of law “over the internet or other information networks ” The Convention requires participating countries to update and harmonize their criminal laws against hacking infringements on copyrights computer facilitated fraud child pornography and other illicit cyber activities 88 To date eight of the 42 countries that signed the Convention have completed the ratification process 86 Louise Shelly Organized Crime Cybercrime and Terrorism Computer Crime Research Center September 27 2004 http www crime-research org articles Terro rism_Cybercrime 87 Louise I Shelley and John T Picarelli “Methods Not Motives Implications of the Convergence of International Organized Crime and Terrorism ” Police Practice and Research vol 3 no 4 2002 p 311 at http www american edu traccc Publications Shelley%20Pubs To%20Add MethodsnotMotives pdf 88 Full text for the Convention on Cyber Crime may be found at http conventions coe int Treaty Commun QueVoulezVous asp NT 185 CM 8 DF 18 06 04 CL ENG CRS-22 Although the United States has signed the Convention it did not sign a complementary protocol that contained provisions to criminalize xenophobia and racism on the Internet which would likely not be supported by the U S Constitution 89 The complementary protocol could be interpreted as requiring nations to imprison anyone guilty of “insulting publicly through a computer system” certain groups of people based on characteristics such as race or ethnic origin a requirement that could make it a crime to e-mail jokes about ethnic groups or question whether the Holocaust occurred The Department of Justice has said that it would be unconstitutional for the United States to sign that additional protocol because of the First Amendment’s guarantee of freedom of expression The Electronic Privacy Information Center in a June 2004 letter to the Foreign Relations Committee objected to U S ratification of the Convention because it would “would create invasive investigative techniques while failing to provide meaningful privacy and civil liberties safeguards ”90 However a coalition of U S industry associations including the Business Software Alliance the Cyber Security Industry Alliance the American Bankers Association the Information Technology Association of America InfraGard Verisign and several others have urged the U S Senate Foreign Relations Committee to recommend ratification of the Convention 91 The Bush Administration submitted the Convention on Cybercrime Treaty Doc 108-11 to the Senate for hearings and resolution in November 2003 On July 26 2005 the U S Senate Foreign Relations Committee approved the signed Convention The United States will comply with the Convention based on existing U S federal law and no new implementing legislation will be required Legal analysts say that U S negotiators succeeded in scrapping most objectionable provisions thereby ensuring that the Convention tracks closely with existing U S laws 92 Analysis and Policy Issues Computer security experts disagree about whether a widespread coordinated cyberattack by terrorists is a near-term or long-term possibility However terrorists have repeatedly demonstrated a willingness to plan and launch conventional attacks against targets that have easy accessibility and numerous vulnerabilities Internet and 89 The U S Senate Committee on Foreign Relations held a hearing on the Convention on June 17 2004 CRS Report RS21208 Cybercrime The Council of Europe Convention by Kristin Archick Estelle Durnout Council of Europe Ratifies Cybercrime Treaty ZDNet March 22 2004 at http news zdnet co uk business legal 0 39020651 39149470 00 htm 90 http www epic org privacy intl senateletter-061704 pdf 91 Patience Wait “Industry Groups Urge Senate Ratification of Cybercrime Treaty ” Government Computer News June 6 2005 at http appserv gcn com vol1_no1 web 362 57-1 html Declan McCullagh Tech Firms call for approval of cybercrime treaty Cnet News com June 29 2005 at http news com com 2102-7348_3-576 8462 html tag st util print 92 For more information about the Convention on Cybercrime see CRS Report RS21208 Cybercrime The Council of Europe Convention by Kristin Archick CRS-23 computer system vulnerabilities are persistent and widely publicized As technology continues to advance the capability reliance and interdependent nature of computer systems likely will be more vulnerable to cyberattack tools that are becoming faster and more sophisticated Terrorists may also be developing links with cybercriminals that will give them access to high-level computer skills The time may be approaching when a cyberattack may offer advantages that cause terrorists to act even if the probability of success or level of effectiveness is unknown Similar to terrorists reconnaissance of physical targets to assess the level of security prior to an attack it is suggested that the U S may experience a number of small cyber intrusion events prior to an attempt at a larger more devastating attack Given the ability of a catastrophic cyber-attack to disrupt a significant portion of the nation’s infrastructure some national security observers suggest that the Director of National Intelligence DNI should have the responsibility for monitoring the capabilities and identities of the countries and groups that may wish to cause the Nation harm through cyberattack The DNI as the Nation’s Chief Intelligence Officer has the ability to coordinate all known cyber-threat related information and then task the intelligence community to collect information to better understand the groups that may wish to cause the U S harm and to forecast their intentions and capabilities One issue is whether DHS has done enough to strengthen computer security for civilian federal agencies and for the private sector In July 2005 DHS Secretary Michael Chertoff announced creation of the new position of Assistant Secretary for Cyber and Telecommunications Security In doing so he acknowledged both the efficiencies and vulnerabilities of modern technology upon which so much of society now depends 93 Many cybersecurity observers hope that by elevating the DHS Cyber Security Officer from a Division Director to an Assistant Secretary level position the new senior official will become a more effective proponent of federal government efforts to address and manage information technology vulnerabilities incident response programs and remediation efforts DHS is also supporting efforts to encourage U S computer systems to change to the new reportedly more secure IPV6 Internet Protocol 94 Despite these efforts according to GAO officials DHS does not have an Internet recovery plan or a national cybersecurity threat assessment DHS officials have stated that a draft cybersecurity threat evaluation plan will be available in late 2005 but a finalized cybersecurity plan that pinpoints the nations’s weakest security links will likely not be available until 2006 95 Leaders of the Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Financial Management Government 93 Secretary Michael Chertoff U S Department of Homeland Security Second Security Stage Review Remarks July 13 2005 at http www dhs gov dhspublic interapp speech_0255 xml 94 IPV6 is the designation for a newer more secure communications protocol for the Internet For more information see CRS Report RL32411 Network Centric Warfare Background and Oversight Issues for Congress by Clay Wilson 95 Wilson Dizard “Cybersecurity Plans Wait for Dhs to Complete its Evaluation of Threats ” Government Computer News July 25 2005 vol 24 no 20 CRS-24 Information and International Security reportedly have stated that DHS does not have a robust way to detect a coordinated attack against the critical infrastructure 96 Security vulnerabilities found in the Internet and in critical infrastructure computer systems are widely publicized Many experts are concerned that private sector cyber security firms do not notify DHS or their customers immediately upon recognition of a potentially serious Internet security vulnerability If hackers become aware of this vulnerability observers speculate that these individuals could disable portions of the Internet or successfully disrupt selected portions of the United States or international critical infrastructure This raises the following questions Should vendors of computer products be required to quickly report all serious newly discovered product vulnerabilities to DHS Should computer service providers or businesses be required to report to DHS any major security vulnerabilities that have been newly exploited by cybercriminals Should there be penalties if an organization has a poor security policy that contributes to a major loss of sensitive information Some actions are underway that Congress may consider 97 For example on September 30 2005 an interim rule was issued by the Federal Acquisition Regulations Council outlining several new steps acquisition workers must take to ensure IT security is incorporated into all federal purchases Under this interim rule government contracting officers must include additional cybersecurity rules in their acquisition planning which will require vendors to improve computer security for the IT products and services they supply to the federal government 98 Experts now believe that terrorist collaborate with organized crime networks in the Middle East for international smuggling of arms and illegal drugs Criminal drug traffickers can provide terrorists with access to computer specialists with high-level technical skills What are the pro’s and con’s of linking counterterrorism efforts more closely to the efforts of agencies that counter drug trafficking Should the counterterrorism efforts be linked more closely with international efforts to prevent cybercrime What are effective ways to encourage more international cooperation for identifying which activities should be labeled as cybercrime and for punishing those who operate as cybercriminals 96 Grant Gross Senators Call on DHS to Improve Cybersecurity Efforts Symantec at http enterprisesecurity symantec com publicsector article cfm articleid 5862 EID 0 97 See National Institute of Standards and Technology website for Federal Agency Security Practices at http csrc nist gov fasp 98 Jason Miller “IT Security Requirements Now Part of the FAR ” Government Computer News September 30 2005 at http www gcn com vol1_no1 daily-updates 37162-1 html Federal Register September 30 2005 vol 70 no 189 pp 57449-57452 CRS-25 Security experts have reportedly stated that although U S military networks are relatively secure many of those networks remain highly dependent on the civilian communications infrastructure 99 Should DOD collaborate more closely with DHS for new technologies to strengthen the computer security of civilian agencies and infrastructure Trends for cybercrime indicate that computer attacks could increase in number speed and sophistication Will future unknown computer vulnerabilities and sophisticated attacks allow terrorist to launch an effective cyberattack that might overwhelm the ability of civilian agencies to respond effectively Could a new approach to computer security reduce vulnerabilities An example of a new approach to improve computer security for computer systems and the Internet might include development and refinement of quantum methods for unbreakable cryptography 100 However new approaches to computer security could also lead to the emergence of new threats directed against new vulnerabilities For example the proliferation and use of commercial products with unbreakable cryptography could seriously undermine the ability of law enforcement to perform critical missions such as protecting against threats posed by terrorists organized crime and foreign intelligence agents Related Legislation The following bills are related to improving national computer security or the prevention of cybercrime H R 1 H R 1 “Implementing the 9 11 Commission Recommendations Act of 2007 ” was referred to the Senate Committee on Homeland Security and Governmental Affairs on January 9 2007 The DHS Secretary shall evaluate and annually prioritize all pending applications for covered grants based upon the degree to which they would lessen the threat to the critical infrastructure including but not limited to cyber threats Evaluation and prioritization shall be based upon the risk assessment by the Office of Intelligence Analysis and the Office of Infrastructure Protection of the threats of terrorism against the United States 99 Barton Reppert remarks made by Clifford Lau July 26 2005 at the Rayburn House Office Building subsequent to a hearing by the House Science Committee 100 Quantum cryptography In the microscopic world once a system is observed it is inevitably affected and changes into another state Heisenberg’s Uncertainty Principle By incorporating the fact that weak light behaves as “photons” subject to this law quantum cryptography is an unbreakable cryptography with the photons becoming the information carriers or information cameras Press Release Mitsubishi Electric 2002 http global mitsubishielectric com news news_releases 2002 mel0560_b html
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