[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] BOLSTERING THE GOVERNMENT'S CYBERSECURITY: ASSESSING THE RISK OF KASPERSKY LAB PRODUCTS TO THE FEDERAL GOVERNMENT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT & COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ October 25, 2017 __________ Serial No. 115-33 __________ Printed for the use of the Committee on Science, Space, and Technology [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://science.house.gov _________ U.S. GOVERNMENT PUBLISHING OFFICE 27-672 PDF WASHINGTON : 2018 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800 Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair FRANK D. LUCAS, Oklahoma EDDIE BERNICE JOHNSON, Texas DANA ROHRABACHER, California ZOE LOFGREN, California MO BROOKS, Alabama DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois SUZANNE BONAMICI, Oregon BILL POSEY, Florida ALAN GRAYSON, Florida THOMAS MASSIE, Kentucky AMI BERA, California JIM BRIDENSTINE, Oklahoma ELIZABETH H. ESTY, Connecticut RANDY K. WEBER, Texas MARC A. VEASEY, Texas STEPHEN KNIGHT, California DONALD S. BEYER, JR., Virginia BRIAN BABIN, Texas JACKY ROSEN, Nevada BARBARA COMSTOCK, Virginia JERRY MCNERNEY, California GARY PALMER, Alabama ED PERLMUTTER, Colorado BARRY LOUDERMILK, Georgia PAUL TONKO, New York RALPH LEE ABRAHAM, Louisiana BILL FOSTER, Illinois DRAIN LaHOOD, Illinois MARK TAKANO, California DANIEL WEBSTER, Florida COLLEEN HANABUSA, Hawaii JIM BANKS, Indiana CHARLIE CRIST, Florida ANDY BIGGS, Arizona ROGER W. MARSHALL, Kansas NEAL P. DUNN, Florida CLAY HIGGINS, Louisiana ------ Subcommittee on Oversight HON. DRAIN LaHOOD, Illinois, Chair BILL POSEY, Florida DONALD S. BEYER, Jr., Virginia, THOMAS MASSIE, Kentucky Ranking Member GARY PALMER, Alabama JERRY MCNERNEY, California ROGER W. MARSHALL, Kansas ED PERLMUTTER, Colorado CLAY HIGGINS, Louisiana EDDIE BERNICE JOHNSON, Texas LAMAR S. SMITH, Texas C O N T E N T S October 25, 2017 Page Witness List..................................................... 2 Hearing Charter.................................................. 3 Opening Statements Statement by Representative Lamar S. Smith, Chairman, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 4 Written Statement............................................ 6 Statement by Representative Darin LaHood, Chairman, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives....................................... 8 Written Statement............................................ 10 Statement by Representative Donald S. Beyer, Jr., Ranking Member, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 12 Written Statement............................................ 14 Statement by Representative Eddie Bernice Johnson, Ranking Member, Committee on Science, Space, and Technology, U.S. House of Representatives............................................. 16 Written Statement............................................ 17 Witnesses: Ms. Donna Dodson, Associate Director and Chief Cybersecurity Advisor, Information Technology Laboratory; and Chief Cybersecurity Advisor, National Institute of Standards and Technology Oral Statement............................................... 18 Written Statement (Joint statement with Dr. Kent Rochford)... 21 Mr. David Shive, Chief Information Officer, U.S. General Services Administration Oral Statement............................................... 27 Written Statement (Joint statement with Ms. Lisa Casias)..... 29 Mr. James Norton, President, Play-Action Strategies LLC; and Adjunct Professor, Johns Hopkins University Oral Statement............................................... 34 Written Statement............................................ 35 Mr. Sean Kanuck, Director of Future Conflict and Cyber Security, International Institute for Strategic Studies Oral Statement............................................... 44 Written Statement............................................ 46 Discussion....................................................... 54 Appendix I: Answers to Post-Hearing Questions Mr. Sean Kanuck, Director of Future Conflict and Cyber Security, International Institute for Strategic Studies.................. 70 Appendix II: Answers to Post-Hearing Questions Document submitted by Representative Clay Higgins, Committee on Science, Space, and Technology, U.S. House of Representatives.. 78 Document submitted by Representative Barry Loudermilk, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 81 BOLSTERING THE GOVERNMENT'S CYBERSECURITY: ASSESSING THE RISK OF KASPERSKY LAB PRODUCTS TO THE FEDERAL GOVERNMENT ---------- Wednesday, October 25, 2017 House of Representatives, Subcommittee on Oversight and Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to call, at 10:06 a.m., in Room 2318 of the Rayburn House Office Building, Hon. Darin LaHood [Chairman of the Subcommittee] presiding. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. The Subcommittee on Oversight will come to order. Without objection, the Chair is authorized to declare recesses of the Subcommittee at any time. I want to welcome you to today's hearing titled ``Bolstering the Government's Cybersecurity: Assessing the Risk of Kaspersky Lab Products to the Federal Government.'' The subject of today's hearing involves some information that is classified. I remind Members that their questions may call for a response that the witnesses know to be classified. Please be mindful of this fact. I would like to instruct the witnesses to answer to the best of their ability, but should an answer call for sensitive information, it may be addressed if we vote to move into executive session at the end of the hearing. At this time, I'm going to yield to the Chairman of the Full Committee, Chairman Lamar Smith, for his opening statement at this time. Chairman Smith. Thank you, Mr. Chairman. I appreciate your deferring to me and yielding me time, and let me apologize to the panelists. I have to leave immediately for a Judiciary Committee markup where they are considering a piece of legislation that I've introduced, so that's why I have to leave early, but perhaps I'll be able to get back. Cybersecurity breaches are so prevalent today that it is hard to keep track of them. Every news cycle seems to include a new major incident. To address the federal government's cybersecurity weaknesses, the Committee hopes to bring H.R. 1224, the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, to the House Floor for a vote. Specific to Kaspersky Lab, new revelations regarding cyber- espionage continue to surface. This Committee has engaged in robust oversight of Kaspersky Lab, thanks to questions raised by Congressman Higgins during a hearing in June. On July 27, 2017, this Committee requested all federal departments and agencies to disclose their use of Kaspersky Lab products. This was less than a month after the U.S. General Services Administration banned Kaspersky Lab products from its government-wide schedule contracts. However, we still have questions: Why was the software approved for government use? And was removing it from the approved GSA schedule sufficient to protect U.S. interests? I support this Administration's subsequent actions. The interagency working group on cybersecurity has begun to address the problem. On September 13, 2017, the Department of Homeland Security issued a government-wide order directing federal departments and agencies to identify and remove the company's products from use. In subsequent hearings, we will need to assess whether the federal government's response has been sufficient. While once considered reputable, Kaspersky Lab, its founder and their Russian ties have created a significant risk to U.S. security. According to several media investigations, these connections have allowed Kaspersky Lab to be exploited not only by the Russian government but also by criminal hackers around the world. Mr. Kaspersky's history and recent remarks have done little to alleviate these concerns. As we move forward with this hearing and future hearings, we expect to uncover all aspects of Kaspersky Lab. We are particularly interested in what led the previous Administration to include Kaspersky Lab products on two GSA schedules. I look forward to the testimony of Mr. Shive, the GSA Chief Administration and Information Officer. I am also interested in proactive steps GSA has taken to assist other departments and agencies in rooting out the presence of Kaspersky products on their systems. Also, we need to better understand the recent news related to the breach of an NSA contractor's personal computer. The threat Kaspersky Lab products present to the government has now been publicly identified and confirmed by the Israeli government. I urge anyone with knowledge of potential risks to contact the Committee and share that information with us. We must be vigilant in addressing this wolf in sheep's clothing. Thank you, Mr. Chairman. I'll yield back. [The prepared statement of Chairman Smith follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Mr. Chairman. At this time I recognize myself for five minutes for an opening statement, and again I want to welcome our witnesses here today. Today we intend to discuss and evaluate the cybersecurity posture of the federal government. Specifically, we will examine the concerns that this Committee has raised about the risks associated with using Kaspersky Lab's products on federal information technology systems, as well as actions that the Trump Administration has taken in response to these concerns. As part of today's hearing, we will hear from government and private sector cybersecurity experts about the potential risks that Kaspersky Lab products and services pose to agency IT systems. In doing so, we hope to find effective and efficient ways to improve agency practices related to the design, acquisition, development, modernization, use and performance of federal IT resources. Kaspersky Lab is based in Moscow, Russia, and was founded in 1997 by Eugene Kaspersky. The company is one of the world's largest providers of cybersecurity software and services, including both consumer and enterprise solutions. As early as 2015, reports began to surface alleging that Mr. Kaspersky maintained close ties to Russian spies. Not only for Mr. Kaspersky--not only was Mr. Kaspersky educated at a KGB- sponsored university, he also wrote code for the Soviet military. In May of this year, the concerns surrounding Kaspersky Lab were brought to public light during a Senate Intelligence Committee hearing, where several intelligence community officials unanimously affirmed they would be uncomfortable using Kaspersky Lab's software and services. In June of this year, during this Committee's hearing on the WannaCry ransomware outbreak, our witnesses expressed similar concerns. The matter reached a tipping point in July, when the General Services Administration, the GSA, announced the removal of Kaspersky Lab products from its preapproved government contracts schedules. On July 27, the Committee commenced its investigation of the matter, with Chairman Smith probing 22 federal departments and agencies on their use of Kaspersky Lab products and services. Last month, the Trump Administration took another step toward addressing the concerns surrounding Kaspersky when the Department of Homeland Security issued Binding Operational Directive 17-01, ordering all federal departments and agencies to remove Kaspersky Lab software from their systems within 90 days. Mr. Kaspersky has been highly critical of the U.S. throughout this entire process, frequently arguing that no public evidence existed to support the concerns raised about his company. Earlier this month, however, several prominent American news organizations published startling revelations that confirmed this Committee's gravest concerns: the Russian government has wielded Kaspersky's software as a tool for cyber-espionage. This Administration has been proactively remedying the Kaspersky situation, and we must continue to take steps to ensure that we do not repeat past mistakes. To that end, I look forward to hearing from our expert witnesses about how Kaspersky became approved for use on federal systems, the policies and procedures that can be implemented to bolster the federal government's cybersecurity risk-management processes, and the actions that must be taken to ensure that federal systems remain secure against nefarious cyber actors. Thank you. [The prepared statement of Chairman LaHood follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. At this time I now recognize the Ranking Member, the gentleman from Virginia, for his opening statement. Mr. Beyer. Thank you, Chairman LaHood, and thank all of you for being with us. Security concerns related to the Kaspersky Lab products and reported ties between Eugene Kaspersky, his company, and Russian intelligence services have been brewing within the U.S. intelligence community for years. This is deeply troubling given that Kaspersky Lab, whose main product is antivirus software, has offices in 32 countries, approximately 270,000 corporate clients, and its software is used by approximately 400 million people worldwide. And, until just recently, the U.S. Government also used KL software. The founder of Kaspersky Lab, Eugene Kaspersky, is a software engineer educated at a KGB cryptography institute who also worked for the Russian intelligence services before starting his software company in 1997. He's been described as the Bill Gates of Russia. Despite his background and the concerns of the U.S. intelligence community, the company has vigorously argued that it has no ties to any government. Concerns about connections between Kaspersky Lab and Russian intelligence services have become more pronounced over the last year. In April, the Senate Intelligence Committee asked the Director of National Intelligence and the U.S. Attorney General to look into Kaspersky employees' potential ties with Russian intelligence. In May, six U.S. intelligence agency directors, including the Directors of the CIA and NSA, told the Intelligence Committee that they would not be comfortable using Kaspersky products on their networks. In June, it was reported that FBI agents had interviewed U.S.- based employees of Kaspersky Lab, and in July, Bloomberg Businessweek published a story referencing internal company emails that showed a close working relationship between Kaspersky Lab and Russian intelligence. Finally, earlier this month, the New York Times reported that Israeli intelligence were able to determine that Russian government hackers have been using the company's software to search for the code names of U.S. intelligence programs. Specifically, the Israelis discovered that a contractor to the National Security Agency had his data compromised over two years ago by these Russian hackers after he improperly took classified documents home and stored them on his home computer. Kaspersky's antivirus software had been installed on the contractor's home computer, and KL Lab has repeatedly denied any affiliation with the Russian hacking, but just today, the company admitted in a blog post that it had collected the NSA files through routine malware data collection. All of this has led to legitimate security concerns about the use of Kaspersky Lab software. I am glad that the U.S. Government has realized this. In July, as our Chairman has said, the General Services Administration removed Kaspersky Lab from its list of approved federal vendors, and, last month, the Department of Homeland Security issued a Binding Operational Directive banning federal agencies from using any product or service offered by KL, giving federal agencies until mid- December to implement that directive. But cybersecurity is no longer simply about defending our data from theft. It's also about defending our democracy from disinformation campaigns that combine cyber assaults with influence operations. Since the 2016 election, it has been well-established that Russia has spread falsehoods and disinformation, seeking to sow divisions between us and confusion among us. This is not, and should not be, a partisan issue. Together we should be striving to defend our democracy against those who seek to damage it. Mr. Chairman, I hope we can have a future hearing where we hear from social scientists, researchers, and technical experts about the tools and technologies we can employ to help identify these evolving threats beyond traditional cybersecurity and defend against them. I look forward to hearing from all our witnesses today and especially Sean Kanuck, who happens to be one of my constituents, an expert on these topics. He was appointed the first National Intelligence Officer for Cyber Issues in 2011 and served in that position at the National Security Council until 2016. Prior to that he spent ten years at the CIA in their Information Operations Center. Today he joins us as the Director of Future Conflict and Cyber Security at the International Institute for Strategic Studies. So Sean, welcome, and I look forward to all of your testimony. Mr. Chairman, I yield back. [The prepared statement of Mr. Beyer follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Mr. Beyer. At this time I now recognize the Ranking Member of the Full Committee, Ms. Johnson, for her opening statement. Ms. Johnson. Thank you very much, Mr. Chairman. Kaspersky Lab is one of the world's largest cybersecurity companies, and makes a popular antivirus program used by 400 million users worldwide. But recent concerns by the U.S. intelligence community about close connections between Kaspersky Lab, its founder Eugene Kaspersky, and the Russian intelligence services have led to much greater scrutiny of its activities. This hearing is premised on examining what threat that Kaspersky software poses to the federal government. However, the federal government has already preemptively addressed that threat. Last month, the Department of Homeland Security issued a directive that required all federal agencies to identify any of their networks using Kaspersky Lab software, and gave those agencies a 90-day deadline to initiate a plan to remove the Kaspersky Lab software from those computer systems. DHS decided that the security risk of having a Russian company embedded on federal computer networks was simply not worth it. I have confidence in the ability of the federal government agencies to eliminate the Kaspersky Lab products from their respective computer systems. I am less confident, though, in our collective ability to identify and guard against cyber warfare actions from Russian state actors. Russian hackers have infiltrated some of our nation's nuclear power plants, private email accounts, and state election databases. Russia, according to a publicly available Intelligence Community assessment, conducted an influence campaign in 2016 to undermine public faith in the U.S. democratic process and to harm the campaign chances of Hillary Clinton winning the Presidency. The intelligence assessment should be a wake-up call for all of us. We should expect attempts by foreign actors to affect future elections using computer hacking, social media, and other means, as was done in 2016. Mr. Chairman, prior to the 2016 election, this Committee held a hearing to review guidelines for protecting voting and election systems including voter registration databases and voter machines. I believe a follow-up hearing would be appropriate to discuss protecting these same systems, in light of last year's events, as well as examining the sophisticated influence operations conducted by Russian intelligence services to disrupt our democratic processes and damage our democracy. With the knowledge of Russian cyber warfare actions in 2016, we can have a more robust discussion on the measures hostile actors have been using against America's voting infrastructure, and we can discuss measures that need to be taken to bolster the security of our elections. Mr. Chairman, I hope that you seriously consider holding a 2016 election security postmortem with a focus on what the Science Committee can do to help protect the vote going forward. I thank you, and yield back the balance of my time. [The prepared statement of Ms. Johnson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Ms. Johnson. At this time let me introduce our witnesses here today. Our first witness today is Ms. Donna Dodson, Associate Director and Chief Cybersecurity Advisor of the Information Technology Laboratory, and Chief Cybersecurity Advisor at the National Institute of Standards and Technology (NIST). Ms. Dodson began her career at NIST in 1987 as a Computer Science Researcher. In 2010, she was promoted to Computer Security Division Chief for NIST. She holds a master's degree in computer science from Virginia Tech. Welcome. Our second witness is Mr. David Shive, Chief Information Officer at the U.S. General Services Administration. Prior to being named CIO, Mr. Shive was the Director of the Office of Enterprise Infrastructure at the GSA. He received his bachelor's degree in physics from California State University in Fresno, his master's degree in research meteorology from the University of Maryland in College Park, and his postgraduate management certificate from the Carnegie Mellon Graduate School of Industrial Management. Our third witness is Mr. James Norton. He is the founder and President of Play-Action Strategies LLC, and an Adjunct Professor at Johns Hopkins University. Mr. Norton previously served as Vice President of Strategy and Communications for the Mission Systems Division at General Dynamics. He holds a Bachelor of Science and a master's in business administration from Salve Regina University. Our last witness today is Mr. Sean Kanuck, Director of Future Conflict and Cyber Security at the International Institute for Strategic Studies. He previously served as the National Intelligence Officer for Cyber Issues from 2011 to 2016. Mr. Kanuck holds a Bachelor of Arts and law degree from Harvard University, a master's of science from the London School of Economics, and an LLM from the University of Oslo. Thank you all for being here. I will now recognize Ms. Dodson for five minutes to present her testimony. TESTIMONY OF DONNA DODSON Ms. Dodson. Chairman LaHood, Ranking Member Beyer, and members of the Subcommittee, I am Donna Dodson, Chief Cybersecurity Advisor for the National Institute of Standards and Technology, known as NIST. Thank you for the opportunity to appear before you today to discuss NIST's role in cybersecurity highlighting the Cybersecurity Framework, referred to as the Framework, and the NIST cybersecurity portfolio. As a non-regulatory agency, NIST leverages its deep technical expertise as well as its power of convener of stakeholders to develop and improve solutions to a wide range of technical and policy cybersecurity challenges. NIST's role in cybersecurity as codified in law is to research, develop, and deploy information security standards and technology to protect the federal government's non-national security information systems against threats to confidentiality, integrity, and availability, and to facilitate and support the development of voluntary industry-led cybersecurity standards and best practices for critical infrastructure. In addition to providing resources that organizations of all sizes can use to manage cybersecurity risk, NIST also provides resources to help organizations recover quickly from cybersecurity attacks with confidence that the recovered data is accurate, complete, and free of malware and that the recovered system is trustworthy and capable. I will highlight five of NIST's critical cybersecurity programs which are the Cybersecurity Framework, supply-chain risk management, cryptography, the National Vulnerability Database, and the National Software Reference Library. The first resource, the NIST Cybersecurity Framework, or Framework, was created in collaboration with industry, academia and other government agencies. The Framework consists of voluntary standards, guidelines and practices to promote the protection of critical infrastructure and to manage cybersecurity risks. While originally designed to help protect critical infrastructure, numerous businesses use the Framework to manage their cybersecurity risk. Since publishing the Framework, NIST has released additional guidelines to help small businesses manage their cybersecurity risk. Under Executive Order 13800, every federal agency or department will need to manage their cybersecurity risk by using the Framework and then provide a risk management report to OMB and DHS. In response to the EO, NIST released the Cybersecurity Framework Implementation Guidance for Federal Agencies to help federal agencies use the Framework in conjunction with an extensive set of NIST cybersecurity risk management standards, guidelines, and controls to manage their cybersecurity risk. The Cybersecurity Framework also provides guidance for the second critical area, which is the security of the supply chain. Because of outsourcing, organizations must ensure the integrity, security, and resilience of their supply chain. To assist in this, NIST established the Supply Chain Risk Management program to identify and evaluate effective technologies, tools, techniques, practices, and standards that help secure an organization's supply chain. Another critical area is cryptography. NIST began its work in cryptography in 1972. Today, NIST cryptographers research, analyze and standardize cryptographic technology. Although these standards apply to federal information systems, many private-sector organizations voluntarily rely on them to protect sensitive personal and business information. NIST also runs a program that validates the test results of vendor's cryptographic modules to the NIST standard. In this program, NIST confirms that a company's underlying cryptography works but is not validating the vendor or the company. Two final critical components are the National Vulnerability Database and the National Software Reference Library. NIST maintains the repository for all known and publicly reported IT vulnerabilities called the National Vulnerability Database, or NVD. The vulnerabilities in the NVD are weaknesses in coding found in software and hardware that if exploited can impact the integrity of information systems. The National Software Reference Library, or NSRL, is another tool that along with DHS and other, federal, state and local enforcement agencies is supported by the NIST. The NSRL is like a fingerprint database for computer files that promotes efficient and effective use of computer technology. The programs that I have mentioned here are only a portion of NIST portfolio and cybersecurity NIST worked to provide and improve technical and policy solutions to an ever-growing set of cybersecurity challenges continues to grow. Thank you for the opportunity to testify today. I am happy to answer any questions you may have. [The prepared statement of Ms. Dodson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Ms. Dodson. I now recognize Mr. Shive for five minutes to present his testimony. TESTIMONY OF DAVID SHIVE Mr. Shive. Thank you, and good morning, Chairman LaHood, Ranking Member Beyer, and members of the Subcommittee. My name is David Shive, and I'm the Chief Information Officer at the U.S. General Services Administration. I welcome the opportunity to share my organization's experiences related to the cybersecurity posture of GSA and the federal government. The mission of GSA is to deliver the best value in real estate, acquisition, and technology services to government and the American people. In support of that, one of my organization's key goals in supporting GSA's mission is to deliver technology that provides both a secure environment for doing business while also ensuring that both IT and business continue to run efficiently. The Federal Information Security Management Act provides a comprehensive framework which helps federal CIOs and federal Chief Information Security Officers manage overall information technology security risks across federal data and assets. The FISMA framework supports the rigorous IT security program implemented at GSA by the CISO under the auspices of the CIO's authority. Our security program assures the risks to GSA's IT systems are assessed and proper security controls implemented to mitigate those risks down to an acceptable level. It also ensures periodic evaluation and testing of the effectiveness of IT security controls, including management, operational, and technical controls. Furthermore, GSA has a robust incident handling and response program that strongly aligns with the NIST Cybersecurity Framework. Due to the effectiveness of that program, GSA received a rating level of 4, which is managed and measurable under ``response'' on the latest FISMA report from our Office of the Inspector General (OIG). In accordance with FISMA, GSA adheres to all of NIST's Federal Information Processing Standards and Special Publications in implementing GSA's IT security program. In addition, GSA completes a risk-based security assessment in accordance with NIST guidance and issues a signed Authority to Operate by the authorizing official with concurrence by the CISO before any new system goes into production. This is accomplished by prioritizing the implementation of security controls and focusing on those that have the biggest impact on securing the system and data such as securing--ensuring secure configurations and patching of vulnerabilities, access controls, and auditing and monitoring. GSA is in the process of implementing Executive Order 13800. GSA has adopted the framework for Improving Critical Infrastructure Cybersecurity developed by NIST and has required--as required by the Executive Order. GSA has provided a risk management report, as well as an action plan to implement the Framework, to the Secretary of Homeland Security and the Director of the Office of Management and Budget. GSA continues to explore leading edge technologies in order to stop the latest and most sophisticated attacks from our adversaries. This includes next generation antivirus solutions that use machine learning and artificial intelligence, as well as advanced detection of malware that is embedded in email attachments and links. Both of these technologies will greatly protect the end user, which is one of the primary vectors for exploiting federal government systems. One of GSA's core missions is to assist in procuring goods and services that can be made available to federal agencies. GSA's Federal Acquisition Service (FAS) offers a continuum of voluntary government-wide innovative solutions and services in a number of areas. Federal agencies spend approximately $23 billion annually to acquire IT products and services through FAS. This represents only 42 percent of the federal government's $55 billion in total IT spend. Significantly, a product's placement on a GSA schedule or contract vehicle only certifies that the vendor meets the necessary regulatory requirements for the product to be sold to the federal government. It does not make any value or technical judgment about the nature of the product. With respect to Kaspersky Lab products, they were available from three resale vendors on GSA schedules contracts. On July 11 of this year, GSA directed the three resellers to remove all Kaspersky Lab manufactured products from their catalogs within 30 days. All three resellers complied. As of today, GSA does not offer any Kaspersky Lab manufactured products through its our GSA scheduled contracts. GSA took a proactive stance and completed comprehensive scanning of all IT assets for the presence of Kaspersky products in June of 2017. GSA confirmed that there was no installation of such products in our on-premise and cloud-based systems, and reported this to DHS in accordance with Binding Operational Directive) 17-01 on October 4. In addition, GSA's FedRAMP PMO is coordinating this activity for the government- wide cloud service providers that are covered by its ATOs. Again, I thank the Subcommittee for its oversight and for allowing me the opportunity to contribute to this important topic. At this time, I'm happy to take any questions that you might have. [The prepared statement of Mr. Shive follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Mr. Shive. At this time I recognize Mr. Norton for five minutes to present his testimony. TESTIMONY OF JAMES NORTON Mr. Norton. Thank you. Chairman LaHood, Ranking Member Beyer, and members of the Subcommittee, thank you very much for inviting me to testify before you today. My name is James Norton, and I am the founder and President of Play-Action Strategies, a homeland security and cybersecurity consulting firm here in Washington, DC. I'm also a member of the faculty at Johns Hopkins University. Previously, I served in multiple positions at the Department of Homeland Security under President George W. Bush including as Deputy Assistant Secretary of Legislation Affairs. I was a member of the Department's first team tasked with confronting the nascent cybersecurity threat. Cyber threats pose a real and immediate danger to our federal government and the American people it represents. In 2016, the federal government experienced 30,899 cyber incidents that led to the compromise of information or system functionality according to the Office of Management and Budget. DHS's role in protecting government networks is foundational. Because the Department cannot be well positioned to assist the private sector and serve as a model of best practices for state and local governments until it has its own federal networks or federal systems secure. In order to meet today's challenges, DHS must update its systems and technology and strengthen the organization in support of its cybersecurity functions. Together these issues have led to the use of potentially problematic software that is the subject of today's hearing. To help DHS meaningfully address these challenges, I offer the following recommendations: provide CIOs and other officials across federal agencies with the resources necessary to invest in high-quality, reliable cybersecurity tools; require the development of a trusted vendor list that provides guidance on approved cybersecurity vendors with a secure supply chain that agencies can have confidence in; work with OMB and the White House to prevent redundancy across the federal government so that competing cyber organizations do not arise in other federal agencies. I thank the Committee for holding this important hearing, and I look forward to your questions. [The prepared statement of Mr. Norton follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Mr. Norton. At this time I recognize Mr. Kanuck for five minutes to present his testimony. TESTIMONY OF SEAN KANUCK Mr. Kanuck. Good morning. Thank you, Chairman LaHood, Ranking Member Beyer, and Distinguished Members of Congress. It's my pleasure to be here today, and being a strategic threat analyst, I'm going to speak directly to the risks theoretically posed by Kaspersky Lab and Russian cyber operations. First, I think we need to understand the very nature of the technologies that Kaspersky products offer. They are complete network monitoring solutions that can see all activity on their clients' networks, and they have remote administration capabilities. In these ways, they are not dissimilar from many other IT security vendors' products, but what is important to note here is that discussions about surreptitious backdoors in these kind of products is actually a fairly moot point because the very nature of these products and services is to have a wide-open front door. Clients pay for that 24/7 monitoring of their entire network. Now, what is interesting, that ends up an aggregate providing Kaspersky Lab and other similar vendors incredible optic and visibility into global internet activity including malicious software, espionage activities, and other things. In essence, it becomes a private global cyber intelligence network, and as we've seen from the recent media reports this month, that kind of capability is incredibly desired by government intelligence actors. If we believe the media reports in the public sector, then at least two foreign government agencies have exploited Kaspersky's network, and in my mind, that makes the question of ``is there a risk through Kaspersky products'' to become nearly tautological because allegedly it's already happened twice. Furthermore, I do not personally feel it is necessary to prove a willful complicity or collaboration by Kaspersky employees or the company with the Russian government or any other to show that there is a potential risk. That added factor, if it were true, would of course be a counterintelligence concern and a further cause for prohibiting such software or products. But the mere fact alone that foreign intelligence agencies have sought access through this implies there is a risk. So what I think we need to do is actually focus on that foreign intelligence threat and let's take a moment to discuss Russian cyber posture. I can't do it any justice better than Director of National Intelligence Dan Coats did in his worldwide threat assessment presentation in May where he identified Russia as a primary cyber threat actor of the United States with a continued interest in exploiting our networks not only for espionage but for influence operations, and that testimony further noted that even disruptive actions have been undertaken by Russia against targets outside the United States. So when we combine that willful interest in adversarial context with the telecommunications surveillance and monitoring laws of Russia and the access potentially posed by Kaspersky Lab products, you have a potent combination. Even without complicity, it is theoretically possible that all Kaspersky Lab corporate communications transiting nodes in Russia could possibly be monitored by the domestic security service under their telecom surveillance laws. Therefore, if you are trying to examine the full scope of this threat, a simple review of Kaspersky's products themselves or the source code would not be enough. You have to understand the commands that remote administrators or unauthorized third parties may be issuing to those client networks through that access point, and you must understand traffic routing of the global internet and how Kaspersky communications move between its regional offices and different counterparts. Moving to a strategic risk management perspective, I offer that resilience is the key to better security, and my witnesses--my fellow witnesses have already spoken to that to some degree, and I believe that internal review of one's own enterprise assets and who might be trying to compromise them is essential. I'll conclude by offering a couple thoughts on the prohibition of Kaspersky Lab software in U.S. government networks. I do believe there's a risk posed, and my assessment is primarily based on historical arguments of what has already happened as well as the access that I've described and the foreign threat actors. I am also aware that U.S. government actions against specific named foreign companies may likely result in similar backlashes against U.S. corporate entities. That's not a security risk assessment, it's a political realism. My last comment will be that I would encourage the U.S. government to assess all IT products from all vendors regardless of national origin because if we're trying to protect sensitive information, we should be fully cognizant that foreign intelligence actors will be willing to exploit any IT vendor that we're using, even if it's not of their own national origin. Thank you very much. [The prepared statement of Mr. Kanuck follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman LaHood. Thank you, Mr. Kanuck, for your opening statement, and thank all the witnesses for your opening statement. We will begin the questioning part of the hearing today, and with that, the Chair recognizes himself for five minutes. I'd like to start. After months of denying any improper activity, and Kaspersky has claimed that any allegation they're involved with cyber espionage or involved with the Russian government, they claim that's false allegations, and today there's an article by Reuters that came out this morning on the cusp of this hearing titled, ``Kaspersky says it obtained suspected NSA hacking code from U.S. computer,'' and that article goes on to say, and Kaspersky Lab admits ``that its security software had taken source code for a secret American hacking tool from a personal computer in the United States.'' And in fact, in this article, the company admits that it exfiltrated the code earlier than previously reported and that Kaspersky gained access in 2014, and I think that's troubling on a lot of levels. Let me just start off with you, Mr. Norton. Should the federal government have known about this incident? Mr. Norton. Thank you for the question. You know, I think that we need to take into effect that there's kind of the military side of federal networks, the military networks, and then there's the civilian side of networks, and I think, you know, what we're seeing today is that it's been years of really underfunded networks where we haven't really had the capability or the staffing or the opportunity to really take a look, an internal look at, you know, what is on the network outside of kind of these kind of clean-up that's going on right now in terms of removing what's on there. So I think that, you know, we need to take into effect that we haven't really taken this issue seriously. The Executive Branch is just now looking at this in the last couple of years and so I think that it's obviously a big miss and there's been a lot of success in terms of foreign adversaries being able to infiltrate not only the DOD, DHS and other networks as well as civilian networks, and so I think that it's definitely an issue that it's important that it's being covered in this hearing and that it is something that we need to know going forward. However, you know, I think we just haven't had the capability in place over the last couple of years to even know what's there, and I think that's part of the trouble. Chairman LaHood. And Mr. Norton, what are the consequences of this revelation? Mr. Norton. Well, I think what you're seeing today is the government essentially scrambling to fix this. I think the fact that Homeland Security Secretary had this public announcement of removing the software is really alarming in the sense that, you know, for it to raise to that level, for the Secretary to put out an immediate edict across the federal government, I think that is certainly troubling and that's something that it says that we're not where we need to be and we have a long way to go to get there in terms of securing out networks. Chairman LaHood. And does it surprise you that Kaspersky has denied this all the way through until today? Mr. Norton. You know, I don't have access to all the intelligence. You know, I think that the issue is not only, you know, Kaspersky but I think other, you know, possible intruders that are, you know, on the network that are there. So I think this is absolutely a global issue. I think that, you know, for DHS and other intelligence communities to probably share more would be a good thing so the general public has a sense of what this means and how it is impacting our networks, so I think it's important for them to tell us a little bit more so we know what's going on. Chairman LaHood. Ms. Dodson, same question for you in terms of should the federal government have known about this incident and what are the consequences of this revelation? Ms. Dodson. So from the NIST perspective, security controls that we provide through our guidelines and special publications provide guidance on how to set up security for networks and be able to take a look at those. But a second critical issue relates to supply chain, and that is the ability to understand your suppliers, the kinds of products and services that you have and that you're using in your systems. NIST has been working with the federal government and with industry to develop supply chain guidelines as part of the Framework for Improving Critical Infrastructure that can be used to give organizations a much better understanding of those suppliers so that they can have the trust and confidence that they need when they put these products and services on their networks. Chairman LaHood. As a follow-up on that, can you--what confidence can you give us that the NSA, their ability to stay ahead of our adversaries on this issue? Ms. Dodson. I can't speak for another organization such as---- Chairman LaHood. Do you have an opinion on that? Ms. Dodson. The federal government as a whole is taking the threat issues very seriously across government and working with industry to set up information-sharing systems so that as threat issues come up we can act and respond quickly. We are all taking this kind of issue very, very seriously. Chairman LaHood. Thank you. I now yield to Mr. Beyer for his questions. Mr. Beyer. Thank you, Mr. Chairman, very much. Mr. Norton, thank you for bringing up the LPTA issue. I will just quote you quickly: ``Many CIOs are forced to abide by the lowest price technically acceptable, LPTA standard, which often means they don't up with the best products.'' I couldn't agree more, and we have a bipartisan bill, Mark Meadows and I, which has been reported out of the Oversight and Government Reform Committee unanimously. So if you can help us get it on the House Floor, we can get it passed unanimously and send it over to the Senate and not tie the hands of our purchasing agents on lowest price rather than encouraging them to get the best value. Mr. Kanuck, Ms. Dodson talked about the voluntary risk- based, flexible, repeatable and cost-effective approach of the NIST Framework. So that's for the federal government. At what point do we ever consider making it mandatory across the U.S. business community or mandatory for subcontractors of the federal government? When do we elevate it to just beyond where we are? Mr. Kanuck. Currently, that is not the approach under law and regulation. Private-sector entities are left to their own corporate policies and hiring cybersecurity elements to assist them. As far as taking legislative or regulatory actions to mandate certain activities, that may be forthcoming in the future but I cannot speculate on that. What the NIST Framework does is, it provides a baseline for a lot of the private sector to emulate what the government is doing and is required as Ms. Dodson said. I think that is universally viewed as a positive. And the challenge remains, is the U.S. government going to force actions on the private sector, and there are pros and cons to that. Mr. Beyer. One of the things we may think about is, do we begin with government contractors? Mr. Kanuck. That is actually a very interesting point to start, and clearly in the defense industrial base that is done through the procurement power of requiring certain aspects of cybersecurity to be utilized or followed by entities that are contracting with the U.S. government, and there's been success with that model. So that may be a model to be extended beyond just the defense contracting community. I think that would be a wise option. Mr. Beyer. Mr. Kanuck, you probably know what's been called the Gerasimov Doctrine, so I'll take a moment to explain to others who may not have read it. In 2013, General Valery Gerasimov, Russia's Chief of the General Staff, or head of its military, published an article titled ``The Value of Science is in the Foresight'' in a weekly Russian trade paper in which he let out--laid out his theory of modern warfare. He blends tactics developed by the Soviets with strategic military thinking about total war, which looks much more like the hacking of an enemy's society than attacking it head on. He wrote, ``The very rules of war have changed. The role of non-military means of achieving political and strategic goals have grown. In many cases, they have exceeded the power of the force of weapons and their effectiveness. All of this is supplemented by military means of a concealed character.'' So Mr. Kanuck, do you believe that we're seeing the Gerasimov Doctrine in practice during this last election cycle, and what are they trying to achieve by engaging these aggressive assaults on our democracy? Mr. Kanuck. Well, I think you're not only seeing it in the form of influence operations in recent democratic elections in the United States and/or France, I think you've also seen it conjoined with military operations in Crimea or Ukraine as well. The Russian Federation, as I alluded to in my written comments and my opening statement, is very active in the area of information operations beyond the simple layer of cyber or critical infrastructure issues that we tend to think about. They actually used the word ``information confrontation'' when discussing this issue, and that is a wholesale part of their strategic paradigm. You can read it in the open translations of their strategic doctrine from 2000 onwards, and as you articulated it, I would wholeheartedly concur that you are seeing that assault on the intellectual and media space of societies through cyber means. What they have found is the perfect tool set, whether it's social media, remote hacking, et cetera, to achieve their philosophical objective through that stated doctrine. Mr. Beyer. Thank you. Quick question. You wrote that all similar companies, the antivirus, could be unwittingly exploited by third parties. How at risk are Norton and MacAfee of this, you know---- Mr. Kanuck. I am not---- Mr. Beyer. --especially when you talk about they create the open front door. Mr. Kanuck. So I'm not prepared to talk critically about other companies besides Kaspersky today. I will say, though, that a proper review of the features of a lot of these security softwares would allow you to do a proper assessment, and quite frankly, in my experience, foreign intelligence actors and criminals alike, once they find out who has access to the network they seek access will attempt to derive ways to exploit that path in, and it's a matter of intent and resources. I do not believe there is any network or any product that is perfectly secure. It's all a risk management issue. Chairman LaHood. Thank you, Mr. Beyer. I now yield to Mr. Higgins for his questions. Mr. Higgins. Thank you, Mr. Chairman. I ask unanimous consent to enter a letter from Mr. Troy Newman, a cybersecurity professional with whom I consulted, to the record. Chairman LaHood. Without objection. [The information appears in Appendix II] Mr. Higgins. Thank you, Mr. Chairman. Ms. Dodson, how long have you been a cybersecurity advisor for the United States government? Ms. Dodson. I have worked at NIST since 1987, and I've been the Chief Cybersecurity Advisor for about four years. Mr. Higgins. So you were in place in 2012? Ms. Dodson. Yes. Mr. Higgins. You mentioned in one of your responses that the U.S. government is taking cybersecurity and the realm of cyberattack very seriously. Were we taking it very seriously in 2012 when the State Department contracted with Kaspersky? Ms. Dodson. The federal government has been working on issues related to supply chain for about seven years, and we continue to work on our guidelines there as the complexity of our systems continue to grow. There are challenges in understanding all that we have in our networks but it's necessary to do that, and our work with the Framework to improve critical infrastructure cybersecurity provided some opportunities to think about supply chain, to think about resiliency in our networks so that we can understand cyber threat and respond quickly to those. Mr. Higgins. So in your opinion, the United States government was taking cybersecurity very seriously in 2012? Ms. Dodson. I think NIST has been taking cybersecurity seriously---- Mr. Higgins. Very well. Ms. Dodson. --for a very long time. Mr. Higgins. Mr. Chairman, Kaspersky product has over 400 million users nationwide. It's widely known Kaspersky's ties to the FSB. That's the Federal Security Service, the Russian Federation. FSB is the main successor to the Soviet Union's former KGB. Kaspersky headquarters is headquartered in Moscow in the former KGB headquarter buildings in Lubyanka Square, and yet in 2012, the United States State Department contracted with Kaspersky. I read from Mr. Newman's letter that I entered into the official record earlier. Many security software users believe that security software is akin to a shield, that this shield wards off would-be attackers. The reality is that security software is more similar to an inoculation, as Mr. Kanuck pointed out earlier. Security software resides deep inside the computers and infrastructure within the very most sensitive and secure areas. In order to install any effective security software, we must first expose the system, making all information vulnerable. The security software has full access to all input and output operations. Security software is fully imbedded in such a way that it has complete access to total--to the entire system. Mr. Shive, you're familiar with the end-user license agreement for security? Mr. Shive. Yes, I am. Mr. Higgins. That's the part that most Americans when we purchase a cybersecurity product, it appears on the screen and it's a lot of language that we don't read, we just click ``I agree.'' Is that correct? Mr. Shive. Yes. Mr. Higgins. The end-user license agreement for Kaspersky systems is governed by the laws of the United States or by the laws of the Russian Federation? Mr. Shive. If they're doing business in the United States, it would be governed by the United States. Mr. Higgins. The end-user license agreement for Kaspersky products, Mr. Chairman, according to my research, are governed by the laws of the Russian Federation. We have certainly begun recently taking cybersecurity very seriously, but I find it alarming that although it was rather well known within the cybersecurity realm that Kaspersky was--you know, posed a particular risk--we continued to do business with them until very recently. Let me just ask quickly, Mr. Shive. Are U.S. government employees restricted from using Kaspersky products, devices, on their own at this time? Mr. Shive. I can't speak for the entire government. TSA employees are not restricted. Mr. Higgins. Are Kaspersky products still allowed to be purchased by U.S. government agencies outside or separate from the GSA contract process? Mr. Shive. Not if they're going to comply with the Binding Operational Directive that DHS published. Mr. Higgins. And my colleague asked earlier, are U.S. government contractors restricted from using Kaspersky products? Mr. Shive. Yes, they are as a result of the Binding Operational Directive. Mr. Higgins. Mr. Chairman, my time has expired. I thank you for your cooperation. Chairman LaHood. Thank you, Mr. Higgins. I now yield to Ms. Johnson for her questions. Ms. Johnson. Thank you very much. Mr. Kanuck, the Russians appear to have a very good understanding of ways that they can attempt to influence America's views on certain issues or disrupt democratic institutions. Social scientists are now working with journalists and technologists and others to help understand these techniques and to identify them in order to forewarn the public about the covert efforts that intentionally generate disinformation and fake news for political purpose. Do you believe a robust understanding of social science and investment in the area of research can be applied to helping to thwart these sort of disinformation influence campaigns in the future? Mr. Kanuck. Absolutely. I think we would want a triumvirate of government initiative efforts to protect systems. I think we would want the corporations whose social media or other platforms are being exploited to join the effort to preserve the integrity of their own corporate interests and networks. And then finally, broader public awareness and education to appreciate the risk and to take measures to secure their own systems would all be beneficial. Ms. Johnson. Are there technologies we might be able to invest in to get a better grasp on this? Mr. Kanuck. Certainly. There are a number of different innovative proposals, some being offered in the social-media community, others in the block chain technology. I believe this Committee even had discussions of quantum computing and quantum cryptography recently. So there are a number of different innovative technologies which may offer some additional security solutions in the future, and I do hope that both government and private-sector initiatives pursue them because as of right now, it is incredibly difficult to detect and/or prevent the kind of influence operations which you were referring to. Ms. Johnson. Thank you very much. I yield back Mr. Chairman. Chairman LaHood. Thank you, Ms. Johnson. At this time I'll yield to Mr. Posey--no, he's not there. We'll go to Mr. Marshall, Dr. Marshall of Kansas. Mr. Marshall. Thank you, Mr. Chairman. I think I'll start with Ms. Shive. Mr. Shive, is there a problem with the Kaspersky software now? Is there really a problem with it? Mr. Shive. So the GSA position for Kaspersky is, there was a problem with them being entered onto GSA schedules the way that they were entered onto GSA schedules, hence them being removed. GSA doesn't run Kaspersky products so we haven't done deep and rich analysis into the capabilities or technologies associated with that. Mr. Marshall. Was or is the Kaspersky Lab a threat to national security? Mr. Shive. I'm not in a position to answer that. Our partners at DHS felt there was something significant enough to bar use of Kaspersky in the---- Mr. Marshall. When do you think they first would have thought or been concerned, approximately? Mr. Shive. Who is ``they''? Mr. Marshall. DHS is who you mentioned. Mr. Shive. Right. Mr. Marshall. Or GSA, either one. Mr. Shive. So GSA became aware that there was some discussion about the risk associated with Kaspersky at the end of last year, and then as news came out, we did a couple of evaluations on the GSA internal enterprise. When we found that we weren't running Kaspersky internally, we did no further deep and rich analysis of the technology embedded within Kaspersky. DHS can speak to when they became aware of---- Mr. Marshall. Mr. Kanuck, our friends in Israel obviously go back to 2014, it looks like, with a concern about that. Is that accurate that the Israel government maybe alerted us in 2014 that there was a problem? Mr. Kanuck. Given the unclassified nature of this hearing, I'm going to have to simply refer to the recent media discussions that I saw in the New York Times, Washington Post, and Guardian and others that took it back to 2015. Mr. Marshall. Okay. Mr. Norton, when the government identifies a problem in this aspect, whose responsibility is it to fix something like this? Is it particular to the people that are running the software or this is a bigger problem, maybe more of a national-security problem? Whose responsibility is it to fix the problem? Mr. Norton. That's absolutely a national-security issue. I think that, you know, on paper it's the Department of Homeland Security's challenge for the civilian side of the networks to fix this problem and to alert their other federal partners. I think that DHS has been challenged essentially since day one to kind of work their way around the bureaucracy that we have. Mr. Marshall. It looks like to me this probably has been going on for two or three years. Frankly, I'm embarrassed. I've helped run a hospital and as well as part of a bank. I've seen us take on all these IT problems over the past decade. Absolutely convinced that if Thursday morning this is presented to me and we weren't solving the problem by Friday that people would have been fired and lost their job over it, and this looks like to me it took three years when we knew there was a problem, a potential problem. Even if it was just a potential problem, if it's a national-security issue, we should have been fixing it yesterday, not tomorrow. Am I--what's wrong with my expectations, Mr. Norton? Mr. Norton. I think your expectations are absolutely fair and they're right on, and I think that the government has---- Mr. Marshall. Mr. Kanuck, are my expectations unrealistic? Mr. Kanuck. I think the desire to remediate things as soon as possible is very well placed. I'm also aware that the speed of changes in government can occasionally be slow. Mr. Marshall. Okay. You know, I think of this concept of the fox and the henhouse. Again, I go back to my experience working with a hospital and bank. If we would have vendors applying to do our IT and to protect our stuff, and if I would have brought to the board people with connections to the Russian government, A, they would have probably fired me, and B, they would have fired the IT person who even let them in the door. I mean, did this pass the sniff test, Mr. Kanuck? Would they pass the sniff test today to get this type of contract? Mr. Kanuck. If it's meant to protect the information of a sensitive national security type, I would think that it would not pass the sniff test because of the foreign penetrations and foreign influence that we have previously discussed here. Mr. Marshall. Mr. Shive, in today's environment, would they pass--the smell test is a better term. I've been corrected by my colleagues across the aisle. We called it sniff in Kansas. Maybe it's smell other---- Mr. Shive. Again, because we don't run that particular software, I can't say specifically, and we don't base those evaluations on press reports. What I can say is that every agency CIO has a responsibility and obligation to vet any software or technology or process that runs in that organization, and that if Kaspersky or any similar tool was going to be entered into service in that agency, it would be put through a battery of tests to evaluate whether or not it was suitable for that environment. Mr. Marshall. Mr. Chairman, may I have 30 more seconds? Chairman LaHood. I'll yield you 30 more seconds. Mr. Marshall. You know, it feels like with all these IT issues that we have, people are trying to rob the bank, and as long as they don't get--as long as they don't rob the bank, we don't prosecute them. What do we do when people are just trying to rob the bank? So all these attacks on us, people are trying to rob the bank. They're trying to rob us of information? What's the solution to trying to--I mean, my gosh, I can't believe this goes on this much. They're robbing--they're trying to rob the bank, they don't accomplish it, so it seems like nothing happens to them. Does anybody have a solution, a short solution? Mr. Kanuck, you raised your hand. Mr. Kanuck. Where we lack the ability to have cooperative international law enforcement or forensic capabilities to identify and prosecute those individuals, we are left with recourse to improving our own networks' resiliency. Mr. Marshall. Thank you. I yield back. Chairman LaHood. Thank you, Dr. Marshall. I now yield to Mr. McNerney. Mr. McNerney. I thank the Chairman. I thank the witnesses. It's certainly an important subject and I want to pursue a little bit. Mr. Norton, in your written testimony, you mentioned that budget cuts across the federal government are affecting--are forcing federal officials to use the lowest price technically available standards. What aspects of security might be compromised as a result of that lowering of standards? Mr. Norton. Well, I think that, you know, sequestration, which was put in place 7 or eight years ago, right now what we're seeing is the impacts of sequestration where we've essentially conditioned government executives, CIOs, other managers to really look for that LPTA product and they might not necessarily look for the best type of software that's available, maybe something that's customized, something that might fit the particular need of an agency, and also we're seeing where they're not turning on the software to fully capability and that they maybe use part of an acquisition and maybe not all of it and so I think all that goes to not having enough resources and being kind of constrained to the sequestration that's essentially still in place and kind of hovering---- Mr. McNerney. Are there specific examples you could submit to the Committee of this phenomenon you're describing? Mr. Norton. I think that broadly I would say, you know, program to program from, you know, federal agencies, you know, like at DHS where they have, you know, component agencies like Customs and Border Protection or other places where, you know, you've got components that are purchased that might not necessarily have a cyber component, you know, put inside of it. I think if you think about the commercial attack back in October of last year where essentially the internet was slowed down because they were attacking a piece of the internet from a small company in, you know, New Hampshire. You find these little parts that can be exploited and slow down the internet overall, and you think of that broadly in terms of other products that maybe are purchased day to day at, you know, Best Buy, for example, that don't necessarily have cyber built into it goes to that lowest price technically acceptable. Mr. McNerney. Thank you. Mr. Shive, are commercial antivirus computer security software products made by other companies also potentially vulnerable to the same sorts of exploitation as in the case of Kaspersky? Mr. Shive. Because of the persistent nature of the threat, all softwares are vulnerable, and that's why CIOs have the obligation to assess those softwares before they enter them into service in each of their agencies. Mr. McNerney. Do you have any recommendations for federal-- to protect federal systems? Mr. Shive. Increased investment in cybersecurity is a very good idea. Mr. McNerney. Ms. Dodson, has NIST made available any guidelines or best practices concerning security of voting infrastructure? Ms. Dodson. NIST has developed guidelines for voting infrastructures that relate to cybersecurity and in particular looking at risk-management processes that can be put in place for the different phases of voting systems and voting use. Mr. McNerney. Should NIST be doing more in this arena? Ms. Dodson. NIST is continuing to work with the voting community as well as the Department of Homeland Security as they are also looking at security and voting systems, so we are continuing our efforts there. Mr. McNerney. Okay. What limitation's do you face? Ms. Dodson. I'm sorry. What kind of limitation do we face in---- Mr. McNerney. Right. Ms. Dodson. So NIST continues to look at a number of different aspects of voting and work with that community. We are looking at security. We are looking at the interoperability and the usability, so many different aspects of voting systems to support the United States and to support the different states as they're developing and implementing their solutions. Mr. McNerney. Thank you. Mr. Shive, what would you recommend small businesses do to strengthen their cybersecurity networks and practices? Mr. Shive. For small businesses, employ the best practices that exist for large business and government in their cybersecurity practices, make an emphasis and focus on cybersecurity from the ground up at the beginning of creation of their product, tools, process or service rather than as a bolt on at the end. Mr. McNerney. But a lot of these small businesses don't have the resources to have an IT person to take care of those issues. Mr. Shive. And then they'll suffer the same fate that every other corporation that makes that fundamental mistake does and they'll go out of business. Mr. McNerney. Thank you. Mr. Chairman, I yield back. Chairman LaHood. Thank you, Mr. McNerney. I now yield to the gentleman from South Carolina, Mr. Norman. Mr. Norman. Thank you, Mr. Chairman. Mr. Shive, when we talk about getting on the GSA's preapproved contract list, who's got the final approval? Is it a person, is it a group? Who would make the final call on that? Mr. Shive. The Federal Acquisition Service in GSA, which is made up of contracting officers, lawyers, and business professionals who interact with the vendor community and create a framework for their entrance into the schedules. Mr. Norman. How many people is that? Mr. Shive. I can get back to you with the number. I think it's around 6,000 people. Mr. Norman. Okay. Now, was Congressman Higgins right when he mentioned the fine print of being under the--and I forget which agency he mentioned but being under the, I guess the legal guidelines of Soviet Union rather than the United States? Is that right? Mr. Shive. So thank you for asking that clarifying question. So every company has a EULA as a part of their business practice. The federal government, the U.S. federal government is not obligated under that EULA to enter service. There's a negotiation that takes place that includes on the government side lawyers and contracting officers that assess the EULA relative to the regulation and policy of the federal government. If there's a disconnect there, then the vendor can't do business with government. Mr. Norman. Okay. So going forward, would that be--would any changes be made on that? Mr. Shive. No. I think it's a good process to have government lawyers and contracting officers scanning that test for corporations and making sure that it complies with federal regulation and law. Mr. Norman. Okay. And Mr. Shive, in your testimony you note that three resellers included Kaspersky's products without taking appropriate steps to modify the contracts. Is that right? Mr. Shive. That's right. Mr. Norman. Did these three resellers comply with the GSA's request to remove Kaspersky products from the list? Mr. Shive. Yes, they did so immediately. Mr. Norman. After the fact? Mr. Shive. Yes. Mr. Norman. Okay. Did the GSA evaluate whether these three resellers needed to be sanctioned for including the products? Mr. Shive. I'm not aware of the sanctioning process, of any sanctioning process. Mr. Norman. Do you think there need to be sanctions, at least go down--to go down that path to have consequences? Because it looks like just from what I'm hearing has really been the--there's no consequences on this. Mr. Shive. Right. So I'm actually not saying that there were or were not consequences. I just don't know if there was. We can circle back to you and get you that information. Mr. Norman. Like Congressman Marshall mentioned, you know, the consequences in the private sector, the consequences in just about everything in the political arena, and it looks like there ought to be consequences with this. It's pretty serious from what I'm hearing today. Mr. Shive. Understood. We're happy to circle back with you and let you know what the consequences were, if there were in fact any. Mr. Norman. Thanks so much. I yield back, Mr. Chairman. Chairman LaHood. Thank you, Mr. Norman. I now will yield to Mr. Perlmutter from Colorado. Mr. Perlmutter. I thank the Chair, and just an inquiry of the Chair. Was Mr. Kaspersky invited to testify or somebody from his organization? Chairman LaHood. Not to today's hearing. I know that we plan to have a few more hearings on this, and we'll entertain that as we move along. Mr. Perlmutter. All right. Thank you. And Mr. Norton, it's good to see you. We've had two records today. You have had the shortest opening statement, and the Ranking Member had the shortest questioning along with Mr. Norman today that we've had I think on this Committee of all time, so thank you all. You know, over time the computers I've had, I've had MacAfee, I've had Kaspersky, and I've had--and Mr. Norton, I don't think it's your company but I've had Norton antivirus too. Mr. Norton. It is not my company. Mr. Perlmutter. I think this is a very important hearing we're having today. Mr. Higgins talked about the KGB potentially having access into governmental records, talked about--I think Dr. Marshall talked about the fox in the henhouse and robbing the bank or attempting to rob the bank, and words like ``trusted'' and ``complicit'' and ``willful'' and ``adversarial'' and ``espionage'' and ``intelligence risk'' and ``national security'' have been bandied about today. What-- I'll start with you, Mr. Kanuck. What is it that we're worried about here? Mr. Kanuck. I believe we're particularly worried about the ability for unauthorized users to access systems and either steal confidential information or disrupt the availability of-- -- Mr. Perlmutter. But a particular unauthorized user, who is that? What is that? Mr. Kanuck. Well, from my role as a Strategic Threat Analyst, I would say there are numerous of them in the international space. The one we seem to be focusing on today is the Russian threat actor and that has theoretically, according to open-source reporting, exploited Kaspersky products to that end. Mr. Perlmutter. Mr. Norton, are you familiar with Guccifer 2.0? Mr. Norton. Yes. Mr. Perlmutter. What is that? Mr. Norton. Well, essentially it's hacktivism, if you will, in terms of, you know, hacking into, finding information, you know, getting into a system and then pulling information out. I think your assessment in terms of what exactly we're talking about here is a great point. I think there are multiple threats. Whether they're here domestically or they're international, I think the government is woefully behind in terms of preparation in terms of what we've done now and what we need to do, you know, going forward. I think that we seem to be having, you know, these type of discussions every 6 to 12 months with these massive hacks that are occurring, and I think that, you know, it's time to really kind of move on and figure out what is the next step, whether it's massive research and development funding for the government to hire these, you know, more experts, bring people in to government. I think that we've, you know, kind of assigned this opportunity to CIOs and other people within the government that have had traditional roles and now they seem to be the cybersecurity experts, and I think they obviously do a great job for us but I also think they need more help and more services and more, you know, support. Mr. Perlmutter. And the Congress has got to be in the lead hopefully of providing those resources, which I think you now mentioned and Mr. Kanuck mentioned. So let me move to NIST and to the GSA for just a second and then I've got a political statement I want to make. I think one of the places where we can harden systems especially for small business is through small business taking advantage of the NIST Framework and that the GSA in its protocols demand that small business have access, you know, taking advantage of those NIST protocols or Framework, just if the two of you would comment real quickly. Ms. Dodson. NIST has developed some guidance specifically for small businesses around the Framework to make that publicly available, and we've worked with the Small Business Administration, with our manufacturing Extension Partnership and others to make sure these guidelines are available and that small businesses can find out about them. Mr. Perlmutter. But for you, they're guidelines. For GSA, they could demand something like that as part of the purchase. Mr. Shive. And that's exactly right. Increasingly we find that business both big and small is increasingly availing themselves of NIST policy, guide work and frameworks because it's good IT and cybersecurity practice. As a CIO who purchases softwares and technologies increasingly I'm asking my vendor partners to conform to those standards as well. Mr. Perlmutter. If I could have just a few more seconds, Mr. Chairman---- Chairman LaHood. Absolutely. Mr. Perlmutter. --for my political statement? Chairman LaHood. It depends on what it is but---- Mr. Perlmutter. Well, you're not going to like it but I mean, I think this is a very important subject but obviously, you know, when we have at the White House an investigation between connections between the White House and many of its people with the guy who was the former head of the KGB, Vladimir Putin, then we've got a lot of ground to cover, whether it's within the cybersecurity or as to, you know, just basic oldpersonal relationships and not have too many front doors to Russia because I think that is jeopardizing our national security, and with that, I yield back. Chairman LaHood. Thank you, Mr. Perlmutter. At this time I'll yield to Mr. Loudermilk of Georgia. Mr. Loudermilk. Thank you, Mr. Chairman, and thank all of you for being here today. Spending 20 years in the IT industry, actually 30 if you include my time in the intelligence community when I was in the military, there are so many aspects of this issue that are so disturbing that I can't even get my hands around all of it, and some of it outside of this hearing such as an intelligence analyst taking classified material home. I mean, that was a felony when I was in the intelligence community. And then somebody who is in that arena having pirated software, I mean, anybody who works in this arena at all, you know that if it's pirated software, it's dirty. It's likely dirty in some way. So anyhow, that's outside the scope of this. This happened in a previous Administration and hopefully we're cleaning up some of the looseness that we've had in the intelligence community, but I'm reading an article from Associated Press which, Mr. Chairman, I'd like to introduce into the record. Chairman LaHood. Without objection. [The information appears in Appendix II] Mr. Loudermilk. This thing reads like a Clancy novel, the Israelis spying on the Russians who are spying on us, and they alert us to the fact that the Russians are gaining information that are being captured through this software. Mr. Norton, in your experience, if a cybersecurity company comes across, whether intentional or unintentional, comes across classified information, I would think, through my experience, that it not only legally but professionally you should alert the agency of which it came from that--or at least the proper officials that you have come across this information. Am I wrong in that? Is that something that you would assess if somebody just happened to come across this information they would alert? Mr. Norton. I think in the last couple of years that there has been an effort in terms of sharing information amongst DHS and other, you know, companies across the cyber realm, if you will, in terms of moving information back and forth certainly could be better but I think the process has started and I think as you're seeing professionals kind of cross into the private sector and back into government and back and forth, it's getting a little bit better, but absolutely, it's something that we need to continue to get our arms around and do a better job. Mr. Loudermilk. I mean, if in your business you come across a piece of classified information that was not within your realm of need to know, you would report to someone? Mr. Norton. Of course. Mr. Loudermilk. Okay. In this article from Associated Press, you know, they reported that Israel notified us that Russia was gaining classified information using the software. Eugene Kaspersky spoke--in this article, he stated that they did collect NSA materials clearly marked classified in 2014, which were spirited to Moscow for analysis, and then deleted at his direction. When asked if Kaspersky alerted the NSA that his software discovered classified materials, he claimed that he didn't want to see it in the news. If he is asked why he didn't report it, he didn't want to see in the news that I tried to contact the NSA to report the case, definitely I didn't want to see it in the news. Is that plausible that he would not report that they, you know, came across by unintentional means that they came across classified information? Is it plausible that he would have not reported it just because he didn't want to see it in the news? Yes, Mr. Norton. I'm sorry. Mr. Norton. I guess the answer is, sir, I don't know what's going inside his head or what his thought process was. It's hard for me to assess why he made that decision or didn't make that decision. Mr. Loudermilk. To me, from a legal aspect, maybe laws have changed since I was in the intelligence community but I would have a legal responsibility at that point to notify the authorities look, our software came across this information, you may need to go look at this employee. I also have issue with them just reading the documents they come across as well. Mr. Kanuck, do you think this is a plausible response by Mr. Kaspersky? Mr. Kanuck. My first observation would be that Mr. Kaspersky may not be subject to a secrecy agreement of any kind that would have the legal contractual binding nature that yourself previously and myself have had before that would have obligated us to report that information had we stumbled across it. Secondly, I guess I am personally a little surprised that knowing the scrutiny that his firm is under that he might not have taken an opportunity to return it to the U.S. government and try to get in our good favor. Mr. Loudermilk. Maybe redeem himself, you know, to show goodwill. Let me ask you, why would he not inform the NSA? I mean---- Mr. Kanuck. Possibly because he felt there was no legal obligation for him to, and in his personal decision thought it was not in the best interest of his company, which again is a Russian company. Mr. Loudermilk. Mr. Norton, is it plausible that maybe the suspicions that the Israelis have, that we have is that they're purposely mining for information? Is that plausible? Mr. Norton. I think that, you know, with the digital age having really grown in the last 15 years that online intelligence gathering is the normal. I think that we as, you know, society need to continue to come to grips with the fact that mining online data and the fact that you can target individuals is the new normal and that we all need to be aware of this, and I think that whether it's the Russians or other adversaries, nation-states, individuals, absolutely our networks are a target every day, every second, and we need to be really aware of that. Mr. Loudermilk. Why would be send it to Moscow? Is that not suspect that he sent the documents to Moscow, then asked for them to be deleted, Mr. Norton? Mr. Norton. I think--again, I don't know what really occurred or didn't occur. It seems like that would be something that we would need to really kind of take a look at, and hopefully our intelligence services is on that and they can give us---- Mr. Loudermilk. Mr. Kanuck, would you--would you find it suspect that he sends them to Moscow after seeing that they're classified NSA documents determines to not notify the NSA but then sends them to Moscow and then says I'm going to have them deleted? I mean, that's pretty suspect to me. Mr. Kanuck. So again, I'm not personally knowledgeable of whether he himself was the one who did the discovering and the forwarding. I would, as I said in my opening statement, encourage the analysis of traffic flows within the Kaspersky global communications network. That may have been standard operating procedure or it may have been an ad hoc decision. I can't speak to that because I don't work for that company. Mr. Loudermilk. All right. Well, thank you, Mr. Chairman. I yield back the time I have exceeded. Chairman LaHood. Well, thank you, Mr. Loudermilk, for your insightful questions there. That concludes our questions here today. I want to thank the witnesses for your valuable testimony here today. I think this Committee as part of our oversight mission will continue to investigate leads and evidence as it relates to this matter. Secondly, I think we've just touched the surface as it relates to Kaspersky and their alleged complicity and involvement with cyber espionage, and this Committee will continue to work on that. We anticipate more hearings and more testimony to come. So with that, this hearing is concluded, and we thank you. [Whereupon, at 11:31 a.m., the Subcommittee was adjourned.] Appendix I ---------- Answers to Post-Hearing Questions Answers to Post-Hearing Questions Responses by Mr. Sean Kanuck [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Appendix II ---------- Additional Material for the Record Letter submitted by Representative Clay Higgins [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Document submitted by Representative Barry Loudermilk [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]