- Tyler Technologies, a software vendor that election officials use to collect and share election results, was recently the victim of a ransomware attack, though details about the attack remain largely unknown.
- A New York Times report claims Tyler Technologies is one of nearly 1,000 voting systems or groups across the country that have been subject to a hack over the past year. Many of those hacks were conducted by Russian criminal groups.
- The Times‘ report details that the United States is very vulnerable to the growing threats of hacking in the election right now as the spread of misinformation and distrust within the country’s political climate already runs rampant.
- The report indicates that the U.S. is particularly vulnerable to a perception hack, which would involve a hacker spreading misinformation to create distrust about the election results. The FBI has issued warnings about the potential spread of election misinformation in the days after November 3.
Attack at Tyler Technologies
As Election Day looms closer and closer, threats of ransomware attacks are growing larger, according to a recent report from The New York Times.
The report indicates that there have been nearly 1,000 attacks against voting systems across the United States over the past year, many of which were conducted by Russian criminal groups. Right now, it is unclear if all of these were traditional ransomware attacks where hackers were simply seeking fast cash, or if they posed a serious threat to the 2020 election.
One recent attack was lodged against Tyler Technologies, a Texas-based software vendor that election officials use to collect and share election results. Tyler has not released details about the hack, so it is unclear who was behind it or what the purpose of the attack was. Reuters obtained an email the company sent to its customers, which simply explained that there had been a “security incident involving unauthorized access to our internal phone and information technology systems by an unknown third party.”
The Times said it initially looked like an ordinary ransomware attack, but clients later saw outsiders trying to gain access to their systems, raising concern that there could be something larger at play.
“That has been the fear haunting federal officials for a year now,” the report’s authors, Nicole Perlroth and David E. Sangerthat, wrote. “That in the days leading up to the election, or in its aftermath, ransomware groups will try to freeze voter registration data, election poll books or the computer systems of the secretaries of the state who certify election results.”
Threat of Perception Hacks
Among the potential threats ransomware attacks and hacking pose, the Times noted the specific harm “perception hacks” could have on the United States. The outlet describes these hacks as ransomware attacks that could particularly happen in battleground states and could “create the impression that voters everywhere would not be able to cast their ballots or that the ballots could not be accurately counted.”
“On election night there would be no faster way to create turmoil than altering the reporting of the vote — even if the vote itself was free of fraud,” Perlroth and Sangerthat wrote.
“That would be a classic perception hack: If Mr. Trump was erroneously declared a winner, for example, and then the vote totals appeared to change, it would be easy to claim someone was fiddling with the numbers.”
These kinds of hacks might only be aided by the fact that President Donald Trump himself has been spreading misinformation about mail-in voting and casting doubt on the election results should he not win. According to the Times, officials fear his unfounded comments about Democrats cheating in the election could even be a signal to hackers, telling them to create just enough incidents to support his false claims of fraud.
The country’s current political climate creates the perfect storm for Americans being vulnerable to perception hacks. Results of the election will likely take days to be counted, and if Americans are unprepared for the wait, they may be unwilling to accept the final toll.
James Shires, a researcher at the Atlantic Center’s Cyber Statecraft Initiative, spoke to MIT’s Technology Review about the vulnerable position the country is in right now when it comes to any type of hack on the election. Shires compared a potential hack in the U.S. 2020 election to a hack that previously happened in France’s presidential election, noting that America’s response would be very different from France’s.
“The effect of a hacking operation really comes from the underlying political context and in that case the US is far worse now than it was in 2016,” Shires explained.
“If you look at the Macron leaks, which happened shortly before the French president was elected, a lot of things from the party were put online. French media got together, the candidate communicated, and they agreed not to publish stories based on these leaks before the election. There is a lot of trust and community spirit in the French media and political environment. That is clearly not the case in the US at the moment.”
What is Being Done About These Threats?
Because the impact of any potential hack could be severe and sow discord throughout the already divided country, the FBI has warned that in the days after the election, the public could see “disinformation that includes reports of voter suppression, cyberattacks targeting election infrastructure, voter or ballot fraud, and other problems intended to convince the public of the elections’ illegitimacy.”
As for efforts to prevent these attacks from happening, some officials have said that progress is being made. However, the Times reported that in the first two weeks of September alone, seven American government entities had been hit with ransomware and had their data stolen.
“The chance of a local government not being hit while attempting to manage the upcoming and already ridiculously messy election would seem to be very slim,” Brett Callow, a threat analyst at a security firm called Emsisoft told the Times.
See what others are saying: (New York Times) (Reuters) (Technology Review)
Purdue Pharma Agrees To Plead Guilty To 3 Opioid-Related Charges in $8B Settlement, But Don’t Expect Them To Pay the Full Amount
- As part of a more than $8 billion settlement with the U.S. Department of Justice, Purdue Pharma will plead guilty to one count of conspiracy to defraud the U.S. government and two counts of violating anti-kickback, or bribery, laws.
- Because Purdue filed for bankruptcy last year, that full figure likely won’t be collected by the government.
- Under the settlement, which will need approval in bankruptcy court, Purdue would become a public benefit corporation that is controlled by the government, with revenue from opioid sales being used to fund treatment options and programs.
- A number of state attorneys generals and Democratic lawmakers have said the settlement does not hold Purdue or its owners fully accountable and could derail thousands of other cases against the company.
- They have also argued that the government should “avoid having special ties to an opioid company… that caused a national crisis.”
Purdue to Plead Guilty to 3 Criminal Charges
The Justice Department announced Wednesday that Purdue Pharma has agreed to plead guilty to three criminal charges related to fueling the country’s opioid epidemic.
Notably, those guilty pleas come as part of a massive settlement worth more than $8 billion, though Purdue will likely only pay a fraction of that amount to the government.
Purdue is the manufacturer of oxycontin, which is a powerful and addictive painkiller that’s believed to have driven the opioid crisis. Since 2000, opioid addiction and overdoses have been linked to more than 470,000 deaths.
As part of the settlement, Purdue will plead guilty to one count of conspiracy to defraud the United States. There, it will admit that it lied to the Drug Enforcement Administration by claiming that it had maintained an effective program to avoid opioid misuse. It will also admit to reporting misleading information to the DEA in order to increase its manufacturing quotas.
While Purdue originally told the DEA that it had “robust controls” to avoid opioid misuse, according to the Justice Department, it had “disregard[ed] red flags their own systems were sending up.”
Along with that guilty plea, Purdue will also plead guilty to two anti-kickback, or bribery, related charges. In one charge, it will admit to violating federal law by paying doctors to write more opioid prescriptions. In the other, it will admit to using electronic health records software to increase opioid prescriptions.
According to a copy of the plea deal obtained by the Associated Press, Purdue “knowingly and intentionally conspired and agreed with others to aid and abet” the distribution of opioids from doctors “without a legitimate medical purpose and outside the usual course of professional practice.”
The $8 billion in settlements will be split several different ways.
In one deal, the Sackler family — which owns Purdue — will pay $225 million to resolve civil fines.
As part of the main deal, another $225 million will go directly to the federal government in a larger $2 billion criminal forfeiture; however, the government is actually expected to forego the rest of that figure.
In addition to that, $2.8 billion will go to resolving Purdue’s civil liability. Another $3.54 billion will go to criminal fines, but because Purdue filed bankruptcy last year, these figures also likely won’t be fully collected — largely because the government will now have to compete with other claims against Purdue in bankruptcy court.”
Purdue Will Become a “Public Benefit Company”
Since Purdue is in the middle of bankruptcy proceedings, a bankruptcy court will also need to approve the settlement.
“The agreed resolution, if approved by the courts, will require that the company be dissolved and no longer exist in its present form,” Deputy Attorney General Jeffrey Rosen said.
However, that doesn’t mean that Purdue’s fully gone or that it will even stop making oxycontin. In fact, as part of this settlement, the Sacklers would relinquish ownership of Purdue, and it would then transform into what’s known as a public benefit company.
Essentially, that means it would be run by the government. Under that setup, money from limited oxycontin sales, as well as from sales of several overdose-reversing medications, would be pumped back into treatment initiatives and other drug programs aimed at combating the opioid crisis.
For its part, the Justice Department has endorsed this model.
Should Purdue Be Punished More?
There has been strong opposition to this deal, mainly from state attorneys general and Democratic members of Congress who say it doesn’t go far enough.
Those critics argue that the settlements don’t hold Purdue or the Sackler family fully accountable, especially the Sacklers since — unlike Purdue — they didn’t have to admit any wrongdoing.
“[W]hile our country continues to recover from the pain and destruction left by the Sacklers’ greed,” New York Attorney General Letitia James said, “this family has attempted to evade responsibility and lowball the millions of victims of the opioid crisis. Today’s deal doesn’t account for the hundreds of thousands of deaths or millions of addictions caused by Purdue Pharma and the Sackler family.”
“If the only practical consequence of your Department’s investigation is that a handful of billionaires are made slightly less rich, we fear that the American people will lose faith in the ability of the Department to provide accountability and equal justice under the law,” A coalition of 38 Democratic members of Congress said in a statement to Attorney General Bill Barr last week.
While this settlement doesn’t include any convictions against the Sacklers specifically, as the Justice Department noted, it also doesn’t release them from criminal liability and a separate criminal investigation is ongoing.
Still, last week, 25 state attorneys general asked Barr not to make a deal that includes converting Purdue into a public benefit company, urging the Justice Department to “avoid having special ties to an opioid company, conflicts of interest, or mixed motives in an industry that caused a national crisis.”
Part of their concern is that the government would essentially run this new company while also holding the original one accountable. Those attorneys general instead argued that Purdue should be run privately but with government oversight.
See what others are saying: (Associated Press) (The New York Times) (Fox Business)
Parents of 545 Children Separated at U.S. Border Still Can’t Be Found
- A Tuesday filing update from the ACLU and Department of Justice revealed that a Steering Committee in charge of reuniting families that were separated at the U.S.-Mexico border has not been able to find parents of 545 separated children.
- Efforts to reach these parents via telephone have been unsuccessful and those involved are not hopeful that will change. Two-thirds of these parents are believed to be in their respective countries of origin.
- So far, parents for 485 kids have been reached.
- Finding these parents is an already complicated process made even more strenuous by the coronavirus pandemic. On-the-ground searches were suspended because of COVID-19 but have now picked up in limited capacity.
Parents of 545 Children Remain Unfound
A Tuesday court filing from the U.S. Department of Justice and American Civil Liberties Union revealed that the parents of 545 children who had been separated at the U.S.-Mexico border have not been found or contacted.
Two thirds of those parents are expected to be in their respective country of origin. While there have been efforts to reach these families via phone, they have not been successful. Other efforts to reach these parents are in the works.
Thousands of families were separated in 2018 under President Donald Trump’s zero tolerance policy, but a federal judge ordered that those families should be reunited. Soon after, many were, but in reality many more families had actually been separated. It was later revealed that the Trump Administration had been separating families back in 2017 under a pilot program. A court order reuniting those families was not issued until last year.
A Steering Committee, of which the ACLU and other organizations are members, is now searching for these parents. According to the filing, the government provided a list of 1,556 children. The current focus on reaching children whose membership in this case is not contested and who have available contact information for a sponsor or parent. The Steering Committee has attempted to reach the families of all 1,030 children who fit that bill, and have successfully reached the parents, or their attorneys, for 485 kids.
“There is so much more work to be done to find these families, Lee Gelernt, the deputy director of the ACLU Immigrants’ Rights Project, told NBC News, which broke the story.
“People ask when we will find all of these families, and sadly, I can’t give an answer. I just don’t know,” he continued. “But we will not stop looking until we have found every one of the families, no matter how long it takes. The tragic reality is that hundreds of parents were deported to Central America without their children, who remain here with foster families or distant relatives.”
Efforts to Find Parents
Because so much time has passed between family separation practices and today, initiatives to find those parents are difficult. They are also further complicated by the fact that during the pilot program, U.S. officials did not collect thorough information from these parents, and many were deported before courts ordered they be reunited with their kids.
Nan Schivone, the legal director for Justice in Motion, which carries out on-the-ground searches for parents, told The Washington Post that attorneys “take the minimal, often inaccurate or out-of-date information provided by the government and do in-person investigations to find these parents.”
Schivone said it is an “an arduous and time-consuming process on a good day.” Sometimes, these lawyers might find themselves in remote villages where outsiders are suspect and language barriers can slow down communication.
The pandemic halted these efforts as lockdowns and curfews made it impossible for Justice in Motion to look for parents abroad. Though, Tuesday’s filing revealed that “limited physical on-the-ground searches for separated parents has now resumed where possible to do so.”
See what others are saying: (NPR) (NBC News) (Washington Post)
Scott Peterson’s Murder Convictions To Be Re-examined
- Scott Peterson was convicted in 2004 of murdering his wife, Laci, and their unborn child.
- He was sentenced to death for the crimes, but the California Supreme Court overturned the death sentence in August of this year after finding that the trial court improperly dismissed potential jurors. The court did, however, uphold the convictions.
- Now, the CA Supreme Court has ordered the San Mateo County Superior Court to review the convictions and determine whether Peterson should be given a new trial on the grounds that one juror “committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings.”
- That juror had not disclosed the fact that she was granted a restraining order in 2000 against her boyfriend’s ex-girlfriend for harassing her when she was pregnant.
Peterson’s Death Sentence Was Previously Overturned
The California Supreme Court on Wednesday ordered a review of Scott Peterson’s 2004 convictions for murdering his wife, Laci, and their unborn son.
Peterson was sentenced to death by lethal injection for those crimes in 2005, but in August of this year, the California Supreme Court overturned his death sentence.
“We reject Peterson’s claim that he received an unfair trial as to guilt and thus affirm his convictions for murder,“ the court said at the time. “But before the trial began, the trial court made a series of clear and significant errors in jury selection.”
As far as what errors the court is talking about, it said the trial judge wrongly discharged prospective jurors who expressed opposition to capital punishment but said they would be willing to impose it.
Court to Decide on Potential New Trial
Now, weeks later, the California Supreme Court has ordered that the case return to the San Mateo County Superior Court to determine whether Peterson should be given a new trial on the ground that a juror “committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings, including but not limited to being the victim of a crime.”
According to the Los Angeles Times, that juror had not shared the fact that she was granted a restraining order in 2000 against her boyfriend’s ex-girlfriend for harassing her when she was pregnant.
Peterson’s lawyers even say that when all potential jurors were asked whether they had ever been a victim of a crime or involved in a lawsuit, the juror said no to both questions.
They also say she was one of the two holdouts for convicting Peterson of first-degree murder for killing his unborn child, with the jury ultimately convicting Peterson of the first-degree murder of Laci and the second-degree murder of the unborn child.
For now, it’s up to the San Mateo Court to decide what happens next, but the California Supreme Court did say that prosecutors could again seek the death penalty for Peterson at a new hearing.