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1. Three Reasons Why CHIPS-plus is a Big Win for US National Security

Author:
Tom Klein
Publication Date:
08-2022
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
On August 9th, 2022, President Biden signed vital bipartisan legislation to compete with China. H.R. 4346, called the CHIPS and Science Act or “CHIPS-plus,” would pave the way for nearly $280 billion in incentives to boost US-based chip manufacturing, scientific research, technology standards setting, and STEM education. These initiatives directly protect our immediate security vulnerabilities in the US military and support our long-term national security competition with China by promoting democratic norms and spurring critical defense innovations.
Topic:
Security, National Security, Science and Technology, Military Strategy, Innovation, and CHIPS
Political Geography:
China, Asia, North America, and United States of America

2. Taking Action on Cyber Enforcement: Assessing US Legislative Progress in the 116th Congress

Author:
Michael Garcia and Pat Shilo
Publication Date:
02-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
The 116th Congress experienced events like no other in American history, including unprecedented levels of malicious cyber activity. Global estimates say that ransomware attacks have increased by 148% since February 2020, with many US hospitals and schools falling victim and having their operations suspended.1 Leading up to and during the pandemic, Members of the 116th Congress responded and drafted cybersecurity legislation, introducing 316 bills to tackle the issue—a 40% increase from the previous Congress. This memo presents a comprehensive analysis of the cybersecurity legislation introduced in the 116th Congress and is a successor to our memo assessing the cybersecurity legislation in the previous Congress. Unlike the 115th Congress, the two chambers of the 116th were each under the control of a different party. Still, more than half of the introduced bills were bipartisan, including 85% of the bills signed into law. However, only 11% of the introduced bills focused on imposing consequences for the human actors behind cyberattacks, such as imposing sanctions or strengthening laws to prosecute criminals to hold them accountable for their actions. Following the trend of past congresses, most of the bills focused on protecting data and securing critical infrastructure. But while defending data and infrastructure is important, the lack of legislation to address the challenges of imposing consequences on the human actor suggests that Congress should prioritize introducing and passing bipartisan legislation that reduces the impunity with which malicious cyber actors, particularly cybercriminals, act. Here are the main takeaways from the bills introduced last Congress: Cybersecurity-related legislation increased by 40% since the 115th Congress. Of the 316 bills introduced, 14 became law, with nine related to appropriations or agency authorizations legislation. However, only 36 of the 316 bills introduced in the 116th Congress, and just three of the 14 provisions signed into law, focused on imposing consequences on the human actors behind cyberattacks. Cybersecurity remains a largely bipartisan issue. Over 50% of all legislation and 85% of all bills signed into law had a bipartisan co-sponsor.
Topic:
Security, Science and Technology, Cybersecurity, Legislation, and Cyberspace
Political Geography:
North America and United States of America

3. To Patch or Not to Patch: Improving the US Vulnerabilities Equities Process

Author:
Josh Kenway and Michael Garcia
Publication Date:
06-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
The process that determines when and how the US government discloses unknown cybersecurity vulnerabilities to relevant companies or withholds them for government purposes lacks sufficient accountability, transparency, and public trust. Malicious actors do not hesitate to exploit “zero-day vulnerabilities,” or vulnerabilities that a company has had zero days to patch, with Chinese-based hackers most recently using a zero-day in Microsoft Exchange Servers to infect hundreds of thousands of systems.1 Yet, the government also uses zero-days to carry out activities that are in the nation’s interest and, as a result, does not tell the impacted software or hardware vendor about the vulnerability. In this case, the government determines that the benefit of not disclosing the vulnerability outweighs the consequence of a bad actor potentially exploiting the vulnerability for nefarious purposes. In 2010, the US government created the Vulnerabilities Equities Process (VEP) to convene federal agencies that represent a range of national interests—including security, intelligence, foreign policy, commerce, and civil rights and liberties protection—to weigh distinct perspectives on how vulnerabilities should be patched or briefly kept open for law enforcement, intelligence gathering, or military purposes. However, the VEP is not codified in law and has failed to deliver greater transparency around government retention of vulnerabilities nor ensures accountability for the government’s decisions. Congress and the Biden administration should address deficiencies with the VEP to increase transparency, strengthen accountability, build public and industry trust, and establish a world-leading model for decision-making around what to do about high-value vulnerabilities. This paper details seven steps for the Biden administration to enhance transparency and accountability in the VEP while preserving government priorities, as well as flexibility for the defense of democratic values and institutions.
Topic:
Security, Defense Policy, Science and Technology, Governance, Cybersecurity, and Transparency
Political Geography:
North America and United States of America

4. Where Are We Now? Examining the Trump Administration’s Efforts to Combat Cybercrime

Author:
Michael Garcia and Anisha Hindocha
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
Amid the COVID-19 pandemic, the United States has seen an acceleration of an already massive cybercrime wave. Daily reports of cybercrime to the FBI’s Internet Crime Complaint Center have nearly quadrupled since the pandemic began, to roughly 4,000 reports per day. Unfortunately, even before this crisis began, the enforcement rates for these crimes are low – for every 1,000 reported cyber incidents, only three arrests of the perpetrators occur. In the fall of 2018, the White House released the “National Cyber Strategy of the United States,” which detailed how the Administration would create or update policies for combating cybercrime. While no implementation plan for this Strategy was ever published, Third Way conducted an analysis of publicly available information of the Administration’s actions and budgetary allocations since the strategy’s release to examine their cybercrime enforcement efforts.
Topic:
Security, Defense Policy, Science and Technology, Cybersecurity, Pandemic, COVID-19, and Digitalization
Political Geography:
North America and United States of America

5. Weakened Encryption: The Threat to America’s National Security

Author:
Mieke Eoyang and Michael Garcia
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
For years, law enforcement officials have warned that, because of encryption, criminals can hide their communications and acts, causing law enforcement to struggle to decrypt data during their investigation—a challenge commonly referred to as “going dark.” They called on technology companies to build a process, like a “master key,” to enable law enforcement to unlock encrypted communications. While this may seem like a tempting idea, it would have grave implications for our national security. As more and more of our communications move online, users seek out encrypted services to protect their privacy. Unlike telephonic communications, and despite repeated requests by law enforcement to do so, Congress has not required internet communications platforms to give law enforcement access to intercept user communications or access stored communications. In this paper, we assess the national security risks to a requirement to provide that master key (referred to throughout as “exceptional” or “backdoor” access) to encrypted communications and propose alternative approaches to address online harms.
Topic:
Security, Science and Technology, Cybersecurity, and Encryption
Political Geography:
North America and United States of America

6. 2020 Thematic Brief: COVID-19 and Global Health Security

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
The Trump Administration’s catastrophic mismanagement of the pandemic has made the United States the center of virus contagion. Yes, the COVID-19 virus began in China and there should be a no-stones-unturned investigation into its origins and the failure to contain it. But Trump’s attempts to distract from his mishandling are a sideshow—the priority must be protecting Americans and safely re-opening the economy. If blaming others, making excuses, and ducking responsibility were a cure for the virus, America would be open for business right now. But President Trump had no strategy from the start, played down the severity of the crisis, refused to wear a mask until July, and made just about every wrong move you could make to take a very bad situation and make it worse. Now we have millions of cases in the United States, almost 200,000 deaths, and tens of millions of people filing for unemployment. What we don’t have is any semblance of a national strategy. And on the international front, Trump’s only answer is to blame and defund the World Health Organization (WHO).
Topic:
Security, Governance, Leadership, Public Health, Pandemic, and COVID-19
Political Geography:
North America and United States of America

7. 2020 Country Brief: Saudi Arabia and its role in Yemen

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
The Kingdom of Saudi Arabia has been a close security and economic partner of the United States for most of the Kingdom’s history. But the United States cannot ignore Saudi Arabia’s gruesome acts and abuses, nor allow them to be swept under the rug. The two countries have critical differences on a number of key issues, including those related to terrorism, human rights, and regional security threats. Two particular actions taken by Saudi Arabia have caused Congress to revisit the US-Saudi relationship: Saudi-led military operations in Yemen that have killed thousands of innocent civilians and left millions on the brink of starvation; and The 2018 brutal murder of Washington Post journalist Jamal Khashoggi—a Saudi citizen and US resident—carried out by the Saudi government in Istanbul, Turkey. In the face of Saudi Arabia’s dangerous and destabilizing behavior, President Trump has doubled down on his support for the Kingdom and defied bipartisan congressional opposition to continue to sell arms to the Saudi government. Instead of permitting President Trump to allow autocrats and dictators to operate with impunity and commit acts of unimaginable horror, Congress must reassert its foreign policy decision-making power, impose targeted consequences on the Kingdom for its actions, and withdraw support for Saudi-led military operations in Yemen.
Topic:
Security, Diplomacy, Military Strategy, and Human Rights Violations
Political Geography:
Middle East, Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

8. 2020 Thematic Brief: US Cybersecurity Efforts

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
Cybercrime is exploding. Malicious cyber actions by America’s adversaries are becoming more sophisticated. And cybersecurity remains a top national security issue for the United States. But while we are spending huge amounts of effort to secure our systems, our ability to go after attackers is woefully outdated. As COVID-19 continues to ravage the globe, malicious actors are exploiting the pandemic and committing cyberattacks for a variety of motives. Nation-states, terrorists, criminal groups, and lone actors have launched cyberattacks and committed cybercrime against large businesses and private citizens, causing devastating impacts to US national and economic security. While federal, state, and local agencies have taken steps to reduce cyber threats, the Trump Administration has not provided nearly enough resources, does not coordinate efforts, and denies risks posed to election infrastructure. Here’s what Congress must do: Go after the bad actors. We must improve the US government’s capabilities to identify, stop, and punish human cyber attackers in order to close the yawning cyber enforcement gap: the number of cyberattacks launched per year in the United States versus the number of arrests of malicious cyber actors; Secure America’s election infrastructure and combat foreign interference and disinformation efforts; and Re-establish the United States as a global leader in setting policy around how different actors should behave in cyberspace and boost international cooperation and capacity around these issues.
Topic:
Security, Defense Policy, Science and Technology, Cybersecurity, and COVID-19
Political Geography:
North America and United States of America

9. 2020 Thematic Brief: Preventing and Countering Terrorism

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
The Trump Administration’s stated strategies to prevent and counter terrorism have largely continued the approach of the Obama Administration. However, this approach is at odds with the president’s own rhetoric and actions, which make us less safe in the long term. President Trump has verbally attacked and abandoned key allies and partners in the fight against terrorism, including the Kurds in Syria, while embracing counterproductive policies that will make it easier for terrorists to rebuild. At the same time, President Trump has largely ignored the far-right extremism that has spiked under his presidency. Even worse, he has retweeted statements that come from people associated with hate groups. Right-wing extremists, and in particular white supremacists, have caused more deaths than international terrorists in recent years.1They feel they have an ally in President Trump because he has largely refused to condemn them. During the recent protests for racial justice, he completely ignored the threat of right-wing extremists accused of killing Americans and plotting attacks against the military, while at the same time he was inflating other extremist threats.23And he blamed both sides in Charlottesville. To be clear, one side was neo-Nazis and other white supremacists. The United States needs a smart and tough approach to terrorism and extremism that includes: Prioritizing the threat of domestic extremism and dedicating resources to prevent and counter it, including by providing support to organizations working on these issues, cutting off financial flows, evaluating whether further designations of foreign right-wing organizations are warranted, and addressing extremism in the US military;4 Preventing the spread of all forms of violent extremism by addressing the root causes globally and reducing the effectiveness of recruitment efforts; Protecting the American homeland by preventing terrorist attacks and disrupting terrorist networks in the United States; and Eliminating terrorist safe havens abroad and building up the capacity of partner nations to fight terrorism on their own turf.
Topic:
Security, Defense Policy, Terrorism, Military Strategy, and Counter-terrorism
Political Geography:
North America and United States of America

10. A Roadmap to Strengthen US Cyber Enforcement: Where Do We Go From Here?

Author:
Allison Peters and Michael Garcia
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Third Way
Abstract:
The following report is the result of a multiyear effort to define concrete steps to improve the US government’s ability to tackle the scourge of cybercrime by better identifying perpetrators and imposing meaningful consequences on them and those behind their actions
Topic:
Security, Defense Policy, Science and Technology, Governance, and Cybersecurity
Political Geography:
North America and United States of America

11. Talking Points for the Top National Security Issues of 2020

Author:
Mieke Eoyang
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Third Way
Abstract:
In 2020, candidates and elected officials will face questions on national security and foreign policy issues. In this memo, we provide short talking points on these issues that acknowledge the concerns of Americans, critique current approaches and policies, and present a vision for the future: 1. Global Health Security, 2. China & COVID-19, 3. China Trade War, 4. Russia, 5. Terrorism, 6. Domestic Extremism, 7. Iran, 8. Election Security, 9. Saudi Arabia & Yemen, 10. Syria, 11. Alliances, 12. North Korea, 13. Cyberthreats, 14. Venezuela, 15. Afghanistan, 16. Forever War, 17. Border Security, 18. Defense Spending, 19. Impeachment, 20. Climate Change, 21. Corruption
Topic:
Security, Defense Policy, Military Strategy, and Elections
Political Geography:
United States, North America, and Global Focus