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Newsletter 07/12/2023 Updated, July 16, 2023 Back to Contents

 
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Updated, July 16, 2023

Valiantly Trying to Save Western Civilization,
One Attack At a Time, Coda  

The posts about the MOVEit vulnerability began as a critique of the July 4, 2023, ruling by Terry Alvin Doughty [pdf will open], Chief United States district judge of the United States District Court for the Western District of Louisiana.  Two happenings emerged while assembling the disparate research into a cohesive whole.  First, the CLOP MOVEit vulnerability, by the first days of July, had become an international crisis of stunning proportions and depth.  The rapidity with which MOVEit moved across the planet earned the attack its own articles. 

The depth of reporting required by the ever growing MOVEit attacks had necessarily pushed back the intended article on CISA's efforts to mitigate cyber attacks on critical infrastructure.  The delay in posting that article might have made it seem out of sequence.  I felt, however, that I needed to explain why I had devoted so much time and space to the activities of CISA.

The other curveball I saw coming at me was the ruling by Judge Doughty itself.  The first four and one-half pages are full of THOU SHALT NOTs that detail all the things various government agencies and its employees are now forbidden from doing as these agencies and employees interact with all the usual named suspects and social media entities.  (Until overturned on appeal.) [PDF will open] 

Included in this list of Rogue Government Agencies was CISA and its Director, Jen Easterly.  So maybe Judge Doughty does not what know CISA does and what a benefit the activities of CISA are to all computer users in these US of A, and elsewhere.  It could be possible that His Honor is simply not aware that CISA is actively working to electricity and water flowing throughout this nation's critical infrastructure.  Judge Doughty surely must be cognizant of the important role CISA is playing in trying to keep the personal information of millions of Americans out of the hands of crooks residing somewhere else on this globe.

Within the body of the ruling itself, however, Judge Doughty reverses himself.  Moreover, the ambiguity of this contradiction within the ruling itself is part of the grounds for appeal of the ruling.  In the middle of page 5 of the ruling is the following declarative sentence by Judge Doughty.  Our jurist then went on for another page listing what are the primary functions of the various agencies and their employees. 

 

One example here is Item 4: "informing social-media companies of threats that threaten the public safety or security of the United States;".  All of the 8 — UNLESS THE FOLLOWING APPLY — clauses in his ruling are equally broad in scope.  The ruling does nothing to prevent any agency or its employees from following that agency's charter.

Obviously or obliviously, Judge Doughty knows the government agencies, which he just cut off at the knee caps, perform essential law enforcement functions that must not be impeded.  In fact, his own words imply that Judge Doughty knew he would be overruled upon appeal. 

So all of this came to negate what was the initial focus of the piece on CISA.  I thought I would inform Judge Doughty, and anyone else who hailed the really lame decision, of some facts about what CISA and its sister agencies do, and why what CISA does is essential work for the 21st Century.  Apparently, Judge Doughty already knows these facts.  The jurist contoured his ruling as to not disrupt the work of any government agency.

After I had a good understanding of the ruling, and the initial complaint from the two Attorneys General that brought the original complaint, I came to appreciate whatever political pressure Judge Doughty felt he was under in making his ruling, His Honor nonetheless made a Solomon like ruling that split the baby right down the middle. 

Yet, I am still left with this one question.  Did anybody in the mainstream media actually read Judge Doughty's ruling?  I am a cable news junkie.  All I heard about this ruling was how Uncle Sam will no longer be able to monitor election interference.  Did the media mavens bother to read Page 5 of the ruling?  Item 3 under the "NOT prohibited section" is the clause on the right.

How often does the message below apply? 

 

¯¯\_(ツ)_/¯
Gerald Reiff

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