CHHS is proud to present the Spring 2023 edition of our newsletter.
This edition includes:
By CHHS Extern Kimberly Gainey
The Federal Aviation Administration (FAA) garnered significant negative attention last month after an overnight outage of its Notice to Air Missions (NOTAM) system grounded early morning domestic flight departures for approximately 90 minutes on Wednesday January 11, 2023. This nearly unprecedented nationwide stop in air traffic, the first in over 20 years, led to thousands of flight delays and cancellations. The FAA attributes the outage to a database file “damaged by personnel who failed to follow procedures.” Despite the FAA’s not so veiled attempt to place the blame on human error, public attention remains focused on outdated technology. A government source indicated that the applicable software is approximately 30 years old, with updates not planned for another six years.
Recent scrutiny reverberates sentiments expressed by airlines about FAA funding constraints, staffing limits, and outdated technology. United Airlines CEO Scott Kirby indicated that the FAA needs both “more funding” and “more investment for technology.” The CEO of the US Travel Association, Geoff Freeman, described the “catastrophic system failure [a]s a clear sign that America’s transportation network desperately needs significant upgrades.”
In spite of FAA assurances that there was no evidence of a cyber attack, people were quick to question the agency’s cybersecurity. Congressman Ritchie Torres (D-NY) expressed concern regarding the “cyber vulnerabilities of the antiquated systems that undergrid modern air travel” and requested a joint review by the Cybersecurity and Infrastructure Security Agency and the Department of Transportation. Transportation Secretary Pete Buttigieg welcomed attention from Congress given the upcoming FAA reauthorization bill, which will provide the agency with funding and direction for next five years. The FAA’s budget estimate for 2023 includes the need to “eliminate the failing vintage hardware that currently supports . . . the national airspace system.” Senator Ted Cruz (R-Texas) called for Congress to “enact reforms” in the impending legislation, describing the “FAA’s inability to keep an important safety system up and running [a]s completely unacceptable and just the latest example of dysfunction within the Department of Transportation.” The House of Representatives responded, passing the NOTAM Improvement Act of 2023 “to strengthen the reliability and effectiveness of the FAA’s NOTAM system.”
This myopic focus on the NOTAM system is a missed opportunity to discuss the multifaceted nature of cybersecurity, which attempts to manage and mitigate dynamic threats across an expansive threat landscape. The FAA extolls its efforts “to be increasing proactive and vigilant when it comes to cyber threats,” highlighting “a cybersecurity workforce that protects our aerospace assets” comprised of “unsung heroes, because this cyber battle is being fought behind the scenes, 24/7/365.” These efforts implement a 2021 Executive Order on Improving the Nation’s Cybersecurity, requiring “agencies to enhance cybersecurity and software supply chain integrity.” However, whether the FAA’s cybersecurity actions are laudable or deficient is an open question that one seems to be asking. The continued reactive focus on the NOTAM system involved with the ground stoppage misses a larger problem. Our leaders need to adjust their perspective and pivot to a proactive assessment of risk from older systems, which may merit updating. It is not enough to figure out what went wrong last month; we need to look for other vulnerabilities and remediate them.
by CHHS Extern Cat Sarudy
The Inspector General recently released a report that audited the Department of Defense’s (DoD) cybersecurity policies as they relate to the control of government-issued phones. The two biggest issues from the report were that the audit revealed “that DoD personnel are conducting official business on their DoD mobile devices using mobile applications in violation of Federal and DoD electronic messaging and records retention policies.” Further, the report revealed that personnel were downloading applications that “could pose operational and cybersecurity risks to DoD information and information systems.”
Part of the report focused on an investigation into the DoD’s own app store, the “Personal Use Mobile Application” from which personnel can download apps. Their findings were that their employees are able to download any apps that are available to them from a normal app store like Apple’s App Store to bypass any restrictions the Personal User Mobile Application may have. While these applications are against DoD guidelines, employees were still able to download the unmanaged apps. “Managed” applications are apps that are “approved by DoD Components for official DoD business.” The next level of apps is those that are “authorized unmanaged” which are apps that the DoD Components have authorized “for personal use on DoD devices” Lastly, there are “unauthorized unmanaged” which are apps that are “downloaded from public application stores and cannot be used to conduct official DoD business or for personal use on DoD mobile devices.”
The Inspector General report detailed a number of apps that were downloaded onto work devices that were not authorized, such as dating or cryptocurrency apps. As the Inspector General report points out, the potential danger these apps can do, especially when it revealed many of these apps required access to a user’s location data, contacts, and photos. While the report had information relating to the name of the apps and the number of apps it found redacted, it did not shy away from hinting at the applications it found such as “applications for the creation of short-form videos.” While not releasing the name of the application that creates “short form videos,” one cannot help but assume this could be a reference to TikTok, which is app that’s most prominent feature is its ability to create and view short videos by other users. TikTok has been under fire in the US since 2020 when Former President Donald Trump threatened to ban the app from US platforms. The Federal Communications Commission, the Federal Bureau of Investigation and the National Security Agency (to name a few) have all highlighted the cybersecurity risk that TikTok presents given the data it collects and China’s ability to request that data from the app’s owner, Byte Dance Ltd. Further, President Joe Biden banned the use of TikTok on federal government issued devices this past December.
Further, the Inspector General noted there were communications apps that were used by violent extremist groups and apps used to live stream crimes. The Inspector General noted that apps that are not managed by the DoD specifically “pose operational and cybersecurity risks and could result in users inadvertently revealing sensitive DoD information or introducing malware to DoD information systems.” Further, even if the cybersecurity implications of this were not blatant, the report said that the lack of policy dealing with strictly unmanaged applications pose a risk of cyber espionage given that applications could have malicious code and the DoD Chief Information Officer does not require regular cybersecurity assessments of unmanaged applications.
Further, the report showed that there were personnel who had been using unmanaged and unsecured messaging applications to conduct official DoD business, which is against DoD policy. The current DoD policy is that “government-owned communication systems and equipment (including mobile devices) should be for official use and authorized purposes only.” This is problematic because personnel can use the unauthorized applications, like messaging apps, and the DoD then loses its ability to track and retain that information. The Inspector General noted that the unmanaged apps “create(s) the opportunity for DoD personnel to conceal communications and circumvent the creation of official DoD records, sheltering them from scrutiny or oversight.” The lack of control over retaining messaging records does not come as a surprise after the still missing text messages relating to the January 6th insurrection. The report addressed the missing messages and further reported that after the text messages couldn’t be found, the Deputy Secretary of Defense issued a memo directing that “DoD information service providers are to capture and save the data resident on DoD-provisioned mobile devices when they are returned by their users.” However, this only protects the records of apps from managed messaging applications, meaning that any messages sent over unmanaged messaging applications cannot be retained, directly against DoD policy and federal retention laws. This is even scarier given that the Inspector General found that there had been unmanaged unauthorized messaging applications which had “end-to-end encryption and automatic message deletion capabilities.”
While the DoD does supply training on the proper use of apps on government devices, the report found glaring holes in this training, such as the fact that the trainings do not teach users “the difference between managed, authorized unmanaged, and unauthorized unmanaged applications” or “how to identify applications approved for official DoD business.” Further, the trainings did not teach the cybersecurity risks associated with authorized unmanaged and unauthorized unmanaged applications and did not provide training on how to protect “sensitive DoD information on mobile devices.” This is perhaps one of the most shocking parts of the report given that the most basic advice for employers is to have cybersecurity trainings. While the report made specific recommendations to the DoD based on the audit, one can only hope that all other government agencies take a hard look at their internal cybersecurity practices and make necessary changes.
UPDATE: Registration for this event will begin Sept. 1st, 2022. If you have any questions, please contact Trudy Henson at thenson@law.umaryland.edu.
On Wednesday, September 21st, 2022, CHHS will host a free tabletop exercise at the University System of Maryland, Hagerstown, for long term care facilities in the Hagerstown/Washington County area. The half-day tabletop, from 8:30 a.m. to noon, will bring together LTCFs from across the community to discuss facility response measures, including topics such as evacuation, infection control, and communication. The tabletop is designed by CHHS’ HSEEP-certified COOP Program Director Eric Oddo and Public Health Program Director Trudy Henson and will be free.
Registration is free and facilities are encouraged to bring up to three staff to participate; registration is required, and space is limited. Anyone interested should contact thenson@law.umaryland.edu.
By CHHS Extern Quinn Conlan
Photo Credit: Getty Images
Since the landmark decision Dobbs v. Jackson Women’s Health Organization was released on June 24, 2022, everyone, from Congress to the FTC to the White House, is talking about data privacy and digital surveillance. Reproductive health and wellness apps track a person’s menstruation cycle and ovulation windows as well as predict upcoming cycles. With no constitutional right to an abortion, can the data in these apps be used to prosecute a person for seeking an abortion?
Certain sensitive information is protected by law, such as private health information, which is protected by HIPAA. HIPAA, however, only protects health information that is held by a party subject to the law including healthcare providers, insurance companies, and research labs. In the broader marketplace, health information is only protected to that extent that is agreed between the user and the data-gathering entity. For example, the only protection available to an app user is the app developer’s privacy policy and nothing more. (And as we’ve seen before, privacy policies can be abused by corporations, including reproductive health apps, or compromised by a cyberattack).
With no legal protection for information given to a non-health care provider app (such as a period tracking app), the data collected by the app can be sold, transferred, or subpoenaed, per the privacy policy of that app’s developer or parent company. This collected data can range from what you enter voluntarily (such as the date of your last period) or information you did not willingly supply (such as your location). Legal redress for an app developer surrendering your wellness data to law enforcement is minimal or very unlikely because your health data in the app is not protected by HIPAA, and sometimes even protected health information can be subpoenaed under the right conditions.
The current landscape of protections for health data ultimately leads to the conclusion that the best way to protect your reproductive health data is to not digitize it. Free-to-use apps make their profit off of user data, consequently that data is their most valuable asset. Beyond digital-free tracking with pen and paper, each user must assess the risk of using a period tracking app for themselves.
Some companies have introduced “Anonymous Mode” where the person who input the data cannot be identified by the company. Therefore, if the company is subpoenaed, they are unable to truthfully tie the data to any individual. (Though anonymized data is not as anonymous as you think.)
Other companies are relying on their jurisdiction to protect their users’ data. EU based companies are subject to EU privacy laws, even for their US users, but this does not mean that a US subpoena would be unable to reach that app’s collected data. EU companies are subject to treaty agreements and may have to comply with US criminal investigations. Further, if the EU company uses a US-based processor than that processor will have to comply with a criminal investigation. (See Section 6.1 of this privacy policy, for example which states this to be the case for an EU based company).
Beyond the data stored within the apps themselves, there are many other ways your privacy is at risk digitally. For example, through “geofencing”, where police can identify all cellphones in a given area at a given time. This poses a serious threat to people seeking an abortion because they can be geographically tracked to a clinic, health care provider, or other pro-abortion site even when they are not physically seen entering or leaving the facility. Other data, such as search engine history or unencrypted text messages (like your phone’s SMS messaging) could also put a person at risk of prosecution for seeking an abortion; or even in some States, helping someone find safe medical resources for an abortion.
One immediate legislative solution to protect users’ data would be for Congress to pass a law that protects app users’ health and wellness data from investigation. In June, the My Body, My Data Act was introduced in Congress by Rep. Sara Jacobs of California. The bill tasks the FTC with enforcing privacy protections for reproductive and sexual health apps. Another bill introduced in June by Sen. Elizabeth Warren of Massachusetts, the Health and Location Data Protection Act, would ban the sale or transfer of health data with some limited exceptions. Until these introduced bills become law, however, health and wellness data in apps continues to be at risk of sale, transfer, or subpoena.
Surveillance concerns in the US have only intensified since Edward Snowden’s infamous leak of NSA activity in 2013, and the overturning of Roe v. Wade by the Supreme Court will be seen as yet another evolution in Americans’ fight for privacy. Privacy has continued to erode as more and more Americans data is collected digitally, sometimes for no planned purpose. While this decision raises health and wellness data privacy concerns specifically, it should also act as a warning to Americans that data privacy and protection in general is paramount to upholding liberty.
By CHHS Extern Quinn Conlan
On May 25, 2022, the Federal Trade Commission (FTC) released a statement announcing a $150 million penalty against Twitter for deceptively collecting user data to sell to advertisers. This is not the first time Twitter has been in the FTC hot seat for inadequate data security. Back in March 2011, the FTC alleged that Twitter had failed to use reasonable and appropriate security measures, and failed to honor consumers’ privacy choices, in violation of FTC Act §5.
As a result, the FTC issued the “2011 Order”, an injunction prohibiting Twitter from “misleading consumers about the extent to which it protects the security, privacy, and confidentiality of nonpublic consumer information, including the measures it takes to prevent unauthorized access to nonpublic information and honor the privacy choices made by consumers” for 20 years. In other words, Twitter was not allowed to misrepresent their security systems and privacy policies. The 2011 Order also required the company to establish and maintain a comprehensive information security program, which would be assessed by an independent auditor.
The 2011 Order is legally significant. While it is a settlement, and therefore not an admission of guilt, it carries the force of law for Twitter’s future actions since the company agreed to change its practices for the next 20 years. Which brings us to the FTC settlement against Twitter today, in 2022. The FTC alleges that Twitter collected personal information from its users, including email addresses and phone numbers, claiming it was for security purposes but then discreetly sold that data to advertisers. This misrepresentation is a violation of the 2011 Order.
As a result, Twitter is settling with the FTC for $150 million in civil penalties and an extension of the injunctions first levied against it in 2011. Twitter is now required to “create and implement a privacy and security program that includes privacy risk assessments, detailed privacy reviews for new or modified products, documentation, data access controls, technical measures to monitor unauthorized access, training, and certifications.” This new program would be periodically reviewed by an independent auditor. The 2022 Settlement also requires stricter security measures to protect user data and includes a prohibition from collecting data under the guise of security but really using it for targeted advertising.
While this is certainly more accountability than has previously been exercised by the FTC, is it enough? Many criticize the FTC for punishing big corporations too rarely. Among the general criticisms, these settlements do not hold the executives responsible, the monetary penalty is merely the “cost of doing business” and the settlements do not do enough to deter future bad behavior. Additionally, no total restrictions or bars are placed on how companies can manipulate user data.
The FTC acknowledged these criticisms in their statement and argued that the $150 million civil penalty and directive to create a privacy program will have lasting effects on how large corporations treat user data. In other words, it sets an example. It further emphasized that FTC orders are valuable because they demonstrate the government’s expectations for companies’ adherence to federal regulations. The FTC closed their statement by reiterating its commitment to improving policy over time and adapting to privacy concerns as the digital landscape continues to evolve.
While the FTC’s holding Twitter accountable for its abuse of users’ data for profit is a step in the right direction, there is still much to be concerned about when it comes to consumer data. The FTC orders are purely reactionary, and while the long term goal is a change in corporate culture, the order does not prevent data misuse before it happens. Additionally, the fact that Twitter is a repeat offender demonstrates that these FTC orders are worth breaching if Twitter can make a large enough profit margin off of the advertising sales. Due to frustrations with the federal government’s inability or unwillingness to fight these large companies directly, data privacy law has moved down to the State level with multiple bills being introduced to protect users’ privacy. Only time will tell if agency regulations, State legislation, or Federal legislation will become the foundational legal protection for user data.
By CHHS Extern Jacquelyn Creitz
More than one year ago, Colonial Pipeline, America’s largest fuel pipeline, which carries 100 million gallons of fuel a day, paid a ransom of nearly $5 million in cryptocurrency. The May 2021 cyberattack that led to the ransom caused Colonial Pipeline to stop operations for 5 days, creating mass fuel shortages along the East Coast. The ransomware attack encrypted Colonial Pipeline’s data, disabling their computer network. Ultimately, Colonial Pipeline paid ransom to the DarkSide ransomware actors in exchange for a decrypting tool that should have allowed the Pipeline to regain access to their data and restart operations. However, the decrypting tool was not fast enough, resulting in Colonial Pipeline using their own data backups to restore their networks, causing the shutdown to last longer than anticipated. Due to the multi-day shutdown, Washington D.C. and 17 states issued emergency declarations, and the federal government, along with state governments and the public, acknowledged the immediate need for law to address how critical infrastructure sectors should handle cyberattacks, specifically ransomware.
Ransomware is a type of malware that encrypts device files, forcing file owners to pay a ransom in exchange for the decryption of their data. According to Homeland Security and Government Affairs Committee Chairman Gary Peters (D-MI), “ransomware attacks have caused significant disruptions to daily life and impose serious economic costs.” According to the FBI’s Internet Crime Report, in 2020 there were 2,474 ransomware complaints from the American public resulting in over $29.1 million in losses. As a result of the increase in ransomware attacks, the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) was drafted and signed by President Biden in March 2022.
Originally authored in October 2021 by Senator Peters and Senator Rob Portman (R-OH), CIRCIA is a direct response to the uptick in ransomware attacks, including the 2021 Colonial Pipeline attack. CIRCIA requires covered entities to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours after the entity “reasonably believes the incident occurred” and 24 hours after the entity pays a ransomware payment. CIRCIA also directs CISA to define “covered entities” such that the definition includes the 16 critical infrastructure sectors, as stated in Presidential Policy Directive/PPD-21. Since CIRCIA rulemaking by CISA is ongoing, it is likely the CIRCIA will not go into effect for at least a year. However, entities should provide information as requested by the government to ensure CISA appropriately defines and creates rules to prevent ransomware attacks and lessen the threats they pose.
To highlight CISA’s need for entities to provide information to them and to fully comprehend the threat of ransomware attacks, Chairman Peters held a committee hearing on June 7th, 2022. The committee hearing’s purpose was to discuss the need for better data from industry and stakeholders as well as obtain valuable information from industry experts to assist in the quick and efficient execution of CIRCIA.
Expert witnesses at the hearing included Megan Stifel, Chief Strategy Officer for the Institute for Security and Technology, Bill Siegel, Chief Executive Officer for Coveware, and Jacqueline Burns Kovenn, Head of Cyber Threat Intelligence for Chainalysis. All three witnesses applauded the new CIRCIA reporting requirements while also emphasizing the need for consistent data collection from reported ransomware attacks. They also acknowledged the unique nature of ransomware attacks since they are usually financially motivated but may also stem from geopolitical objectives and can pose national security risks. To combat the risks of ransomware attacks, as Ms. Stifel states, “scope and quality of information about ransomware incidents must improve” because this “will better equip governments and stakeholders in developing [an] international strategy to reduce ransomware on a global scale.” Specifically, information obtained from entities reporting ransomware attacks is essential while the CIRCIA is undergoing the rulemaking process. This information will be used by CISA to help create rules and definitions for the implementation of CIRCIA.
The University of Maryland Center for Health and Homeland Security (CHHS) is celebrating its 20th anniversary. CHHS Founder and Director Michael Greenberger, JD, released the following statement commemorating the occasion:
May 15, 2022: The University of Maryland Center for Health and Homeland Security (CHHS) Celebrates its 20th Anniversary
A Message from CHHS Founder and Director, Michael Greenberger
When we opened our doors on May 15, 2002, we had a single employee (me) and the endorsement and startup funds from the then-President of the University of Maryland Baltimore, Dr. David Ramsay. Today, we have a professional staff of over 30 and we are working on countless public health, emergency management, cybersecurity, and disaster preparedness projects worldwide. In addition to our client projects, CHHS staff is teaching courses, in conjunction with Maryland Carey Law School, in four graduate school programs on crisis management and cybersecurity.
The initial motivation to establish the Center came from the September 11, 2001 terror attacks and our early focus was almost exclusively counterterrorism. However, as time went on, and especially after the devastation caused by Hurricane Katrina in 2005, our mission expanded to dealing with “all-hazards” emergency responses. That is, while we still deal with terrorism-related preparedness and response, our work now also includes assisting state and local agencies, federal departments, foreign countries, public and private hospitals and universities on emergency planning and response. These efforts include the ability to prepare for and respond to catastrophic adverse weather events (e.g., Hurricanes Katrina, Harvey and Irma and Superstorm Sandy); deadly infectious disease outbreaks (e.g., Zika and Ebola); and cybersecurity threats.
Of course, nothing has compared to our present work in responding to COVID-19, which has been of primary concern these last two plus years. Beginning in February 2020, our clients began to ask us to supplement our existing emergency management work to address the pandemic. In so doing, our staff has worked tirelessly with client leadership to write and implement plans and operating procedures to provide emergency public health services nationwide. We helped collect and distribute personal protective equipment and COVID-19 tests. We helped organize and run COVID-19 vaccine clinics. We developed and helped implement plans and distribution centers to fight unprecedented food insecurity challenges among our clients’ constituents. We assisted school systems in navigating the change from in-person to remote learning. We provided policy and legal guidance to organizations as they had to make decisions in real-time regarding evolving CDC best practices. This tremendous and ongoing effort has been one of the Center’s greatest challenges and finest accomplishments.
In addition to our client work, CHHS has grown our academic footprint over the last 20 years. In partnership with the Maryland Carey Law School, we are teaching 25 courses in four graduate degree programs. For JD students and law graduates at Maryland Carey Law, we offer a Cybersecurity/Homeland Security Certificate and courses in a Masters of Law (LLM) degree program. Since 2016, we have had nearly 70 students complete the JD certificate and another 35 currently pursuing it. CHHS also spearheads the online Cyber and Crisis Management tracks of the Masters of Science in Law (MSL) degree program. Since the program’s inception in 2015, more than 130 students have earned their MSL in Cyber and Crisis Management.
Additionally, CHHS has had the honor of expanding our expertise to programs offered at the University of Maryland College Park. Through a Law School partnership, CHHS developed and teaches two courses in the Master in Professional Studies (MPS) in Public Safety Leadership & Administration offered through the University of Maryland’s Office of Extended Studies. CHHS also teaches courses to undergraduate students in the College of Behavioral and Social Sciences as part of the MLAW program, designed to increase collaboration between the two campuses. We are immensely proud of these academic programs and the opportunities they provide for the next generation of professionals in this field.
In light of current COVID-19 case numbers, we are postponing official celebrations, but we hope to mark this important milestone for CHHS in the Fall of 2022 with an in-person event. In the meantime, please take a look at some of our Center’s background and program highlights in the attached slides.
Michael Greenberger, JD
Founder and Director
For more information on the Center, and its current work, please see the accompanying slide deck.
The University of Maryland Center for Health and Homeland Security (CHHS), under the leadership of Academic Program Director Michael Vesely, JD, who has been awarded an MPower grant in conjunction with START’s Dr. Michael Jensen. Over the next year CHHS and START will study the efficacy of current antiterrorism laws and evaluate whether additional legislation is needed. For more, visit: http://mpower.maryland.edu
