salt typhoon

fcc-to-rescind-ruling-that-said-isps-are-required-to-secure-their-networks

FCC to rescind ruling that said ISPs are required to secure their networks

The Federal Communications Commission will vote in November to repeal a ruling that requires telecom providers to secure their networks, acting on a request from the biggest lobby groups representing Internet providers.

FCC Chairman Brendan Carr said the ruling, adopted in January just before Republicans gained majority control of the commission, “exceeded the agency’s authority and did not present an effective or agile response to the relevant cybersecurity threats.” Carr said the vote scheduled for November 20 comes after “extensive FCC engagement with carriers” who have taken “substantial steps… to strengthen their cybersecurity defenses.”

The FCC’s January 2025 declaratory ruling came in response to attacks by China, including the Salt Typhoon infiltration of major telecom providers such as Verizon and AT&T. The Biden-era FCC found that the Communications Assistance for Law Enforcement Act (CALEA), a 1994 law, “affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications.”

“The Commission has previously found that section 105 of CALEA creates an affirmative obligation for a telecommunications carrier to avoid the risk that suppliers of untrusted equipment will ‘illegally activate interceptions or other forms of surveillance within the carrier’s switching premises without its knowledge,’” the January order said. “With this Declaratory Ruling, we clarify that telecommunications carriers’ duties under section 105 of CALEA extend not only to the equipment they choose to use in their networks, but also to how they manage their networks.”

ISPs get what they want

The declaratory ruling was paired with a Notice of Proposed Rulemaking that would have led to stricter rules requiring specific steps to secure networks against unauthorized interception. Carr voted against the decision at the time.

Although the declaratory ruling didn’t yet have specific rules to go along with it, the FCC at the time said it had some teeth. “Even absent rules adopted by the Commission, such as those proposed below, we believe that telecommunications carriers would be unlikely to satisfy their statutory obligations under section 105 without adopting certain basic cybersecurity practices for their communications systems and services,” the January order said. “For example, basic cybersecurity hygiene practices such as implementing role-based access controls, changing default passwords, requiring minimum password strength, and adopting multifactor authentication are necessary for any sensitive computer system. Furthermore, a failure to patch known vulnerabilities or to employ best practices that are known to be necessary in response to identified exploits would appear to fall short of fulfilling this statutory obligation.”

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Trump admin fires security board investigating Chinese hack of large ISPs

“Effective immediately, the Department of Homeland Security will no longer tolerate any advisory committee[s] which push agendas that attempt to undermine its national security mission, the President’s agenda or Constitutional rights of Americans,” the DHS statement said.

The Cyber Safety Review Board operates under the DHS’s Cybersecurity and Infrastructure Security Agency (CISA), which has been criticized by Republican lawmakers for allegedly trying to “surveil and censor Americans’ speech on social media.”

Democrat: Board will be stacked with Trump loyalists

A Democratic lawmaker said that Trump appears ready to stack the Cyber Safety Review Board with “loyalists.” House Committee on Homeland Security Ranking Member Bennie Thompson (D-Miss.) made the criticism in his opening statement at a hearing today.

“Before I close, I would also like to express my concern regarding the dismissal of the non-government members of advisory committees inside the Department, including the Cyber Safety Review Board and the CISA Advisory Committee,” Thompson’s statement reads. “The CSRB is in the process of investigating the Salt Typhoon hack of nine major telecommunications companies, and it is a national security imperative that the investigation be completed expeditiously. I am troubled that the President’s attempt to stack the CSRB with loyalists may cause its important work on the Salt Typhoon campaign to be delayed.”

Thompson said Republicans have been trying to shut down CISA over “false allegations and conspiracy theories.” The conservative Heritage Foundation’s Project 2025 alleged that “CISA has devolved into an unconstitutional censoring and election engineering apparatus of the political Left.”

The DHS memo dismissing board members was published yesterday by freelance cybersecurity reporter Eric Geller, who quoted an anonymous source as saying the Cyber Safety Review Board’s review of Salt Typhoon is “dead.” Geller wrote that other advisory boards affected by the mass dismissal include the Artificial Intelligence Safety and Security Board, the Critical Infrastructure Partnership Advisory Council, the National Security Telecommunications Advisory Committee, the National Infrastructure Advisory Council, and the Secret Service’s Cyber Investigations Advisory Board.

“The CSRB was ‘less than halfway’ done with its Salt Typhoon investigation, according to a now-former member,” Geller wrote. The former member was also quoted as saying, “There are still professional staff for the CSRB and I hope they will continue some of the work in the interim.”

House Committee on Homeland Security Chairman Mark Green (R-Tenn.) told Nextgov/FCW that “President Trump’s new DHS leadership should have the opportunity to decide the future of the Board. This could include appointing new members, reviewing its structure, or deciding if the Board is the best way to examine cyber intrusions.”

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Report: AT&T, Verizon aren’t notifying most victims of Chinese call-records hack

Telecom companies aren’t required to notify customers about every breach. A Federal Communications Commission order in December 2023 adopted a “harm-based notification trigger” in which “notification of a breach to consumers is not required in cases where a carrier can reasonably determine that no harm to customers is reasonably likely to occur as a result of the breach, or where the breach solely involves encrypted data and the carrier has definitive evidence that the encryption key was not also accessed, used, or disclosed.”

The FCC said that harm requiring notifications can include, but is not limited to, “financial harm, physical harm, identity theft, theft of services, potential for blackmail, the disclosure of private facts, the disclosure of contact information for victims of abuse, and other similar types of dangers.”

The FCC order argued that the harm-based standard would let carriers “focus their time, effort, and financial resources on the most important and potentially harmful incidents” and protect “customers from over-notification and notice fatigue, specifically in instances where the carrier has reasonably determined that no harm is likely to occur.”

Senator: Telecoms should tell customers

US Sen. Ron Wyden (D-Ore.) this week criticized the carriers for having weak security and the FCC for “let[ting] phone companies write their own cybersecurity rules.” Wyden proposed legislation to beef up telecom security requirements.

A spokesperson for Wyden today said that carriers should notify the affected customers.

“Senator Wyden strongly supports the phone companies notifying their customers about the theft of their data,” the spokesperson told Ars. “Not only do Americans have a right to be told that their information was stolen, but this is useful information that could result in some consumers voting with their wallets and switching service to carriers that retain less data and or have better cybersecurity.”

Stanford University researchers collected and studied telephone metadata for a 2016 paper to determine how it could be used against customers. “Using crowdsourced telephone logs and social networking information, we find that telephone metadata is densely interconnected, susceptible to reidentification, and enables highly sensitive inferences,” they wrote.

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US recommends encrypted messaging as Chinese hackers linger in telecom networks

An unnamed FBI official was quoted in the same report as saying that phone users “would benefit from considering using a cellphone that automatically receives timely operating system updates, responsibly managed encryption, and phishing-resistant” multifactor authentication for email accounts, social media, and collaboration tools.

The FBI official reportedly said the hackers obtained metadata showing the numbers that phones called and when, the live phone calls of some specific targets, and information from systems that telcos use for court-ordered surveillance.

Despite recognizing the security benefits of encryption, US officials have for many years sought backdoors that would give the government access to encrypted communications. Supporters of end-to-end encryption have pointed out that backdoors can also be used by criminal hackers and other nation-states.

“For years, the security community has pushed back against these backdoors, pointing out that the technical capability cannot differentiate between good guys and bad guys,” cryptographer Bruce Schneier wrote after the Chinese hacking of telecom networks was reported in October.

Noting the apparent hacking of systems for court-ordered wiretap requests, Schneier called it “one more example of a backdoor access mechanism being targeted by the ‘wrong’ eavesdroppers.”

1994 surveillance law in focus

CISA issued a statement on the Chinese hacking campaign in mid-November. It said:

The US government’s continued investigation into the People’s Republic of China (PRC) targeting of commercial telecommunications infrastructure has revealed a broad and significant cyber espionage campaign.

Specifically, we have identified that PRC-affiliated actors have compromised networks at multiple telecommunications companies to enable the theft of customer call records data, the compromise of private communications of a limited number of individuals who are primarily involved in government or political activity, and the copying of certain information that was subject to US law enforcement requests pursuant to court orders.

The hacks raise concerns about surveillance capabilities required by a 1994 law, the Communications Assistance for Law Enforcement Act (CALEA), which requires “telecommunications carriers and manufacturers of telecommunications equipment design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities to comply with legal requests for information.”

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