Thursday, January 22, 2015

Notes on Stewart Baker Podcast with David Sanger

Yesterday Steptoe and Johnson LLP released the 50th edition of their podcast series, titled Steptoe Cyberlaw Podcast - Interview with David Sanger. Stewart Baker's discussion with New York Times reporter David Sanger (pictured at left) begins at the 20:15 mark. The interview was prompted by the NYT story NSA Breached North Korean Networks Before Sony Attack, Officials Say. I took the following notes for those of you who would like some highlights.

Sanger has reported on the national security scene for decades. When he saw President Obama's definitive statement on December 19, 2014 -- "We can confirm that North Korea engaged in this attack [on Sony Pictures Entertainment]." -- Sanger knew the President must have had solid attribution. He wanted to determine what evidence had convinced the President that the DPRK was responsible for the Sony intrusion.

Sanger knew from his reporting on the Obama presidency, including his book Confront and Conceal: Obama's Secret Wars and Surprising Use of American Power, that the President takes a cautious approach to intelligence. Upon assuming his office, the President had little experience with intelligence or cyber issues (except for worries about privacy).

Obama had two primary concerns about intelligence, involving "leaps" and "leaks." First, he feared making "leaps" from intelligence to support policy actions, such as the invasion of Iraq. Second, he worried that leaks of intelligence could "create a groundswell for action that the President doesn't want to take." An example of this second concern is the (mis)handling of the "red line" on Syrian use of chemical weapons.

In early 2009, however, the President became deeply involved with Olympic Games, reported by Sanger as the overall program for the Stuxnet operation. Obama also increased the use of drones for targeted killing. These experiences helped the President overcome some of his concerns with intelligence, but he was still likely to demand proof before taking actions.

Sanger stated in the podcast that, in his opinion, "the only way" to have solid attribution is to be inside adversary systems before an attack, such that the intelligence community can see attacks in progress. In this case, evidence from inside DPRK systems and related infrastructure (outside North Korea) convinced the President.

(I disagree that this is "the only way," but I believe it is an excellent option for performing attribution. See my 2009 post Counterintelligence Options for Digital Security for more details.)

Sanger would not be surprised if we see more leaks about what the intelligence community observed. "There's too many reporters inside the system" to ignore what's happening, he said. The NYT talks with government officials "several times per month" to discuss reporting on sensitive issues. The NYT has a "presumption to publish" stance, although Sanger held back some details in his latest story that would have enabled the DPRK or others to identify "implants in specific systems."

Regarding the purpose of announcing attribution against the DPRK, Sanger stated that deterrence against the DPRK and other actors is one motivation. Sanger reported meeting with NSA director Admiral Mike Rogers, who said the United States needs a deterrence capability in cyberspace. More importantly, the President wanted to signal to the North Koreans that they had crossed a red line. This was a destructive attack, coupled with a threat of physical harm against movie goers. The DPRK has become comfortable using "cyber weapons" because they are more flexible than missiles or nuclear bombs. The President wanted the DPRK to learn that destructive cyber attacks would not be tolerated.

Sanger and Baker then debated the nature of deterrence, arms control, and norms. Sanger stated that it took 17 years after Hiroshima and Nagasaki before President Kennedy made a policy announcement about seeking nuclear arms control with the Soviet Union. Leading powers don't want arms control, until their advantage deteriorates. Once the Soviet Union's nuclear capability exceeded the comfort level of the United States, Kennedy pitched arms control as an option. Sanger believes the nuclear experience offers the right set of questions to ask about deterrence and arms control, although all the answers will be different. He also hopes the US moves faster on deterrence, arms control, and norms than shown by the nuclear case, because other actors (China, Russia, Iran, North Korea, etc.) are "catching up fast."

(Incidentally, Baker isn't a fan of deterrence in cyberspace. He stated that he sees deterrence through the experience of bombers in the 1920s and 1930s.)

According to Sanger, the US can't really discuss deterrence, arms control, and norms until it is willing to explain its offensive capabilities. The experience with drone strikes is illustrative, to a certain degree. However, to this day, no government official has confirmed Olympic Games.

I'd like to thank Stewart Baker for interviewing David Sanger, and I thank David Sanger for agreeing to be interviewed. I look forward to podcast 51, featuring my PhD advisor Dr Thomas Rid.

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