Media appearances
It’s not just TikTok. You probably use lots of Chinese technology.
Washington Post, The Tech Friend Newsletter | December 10, 2024
“…it’s no wonder the United States treats Chinese technology like a game of whack-a-mole, as Sen. Mark R. Warner (D-Va.) said last year. When an influential politician gets worried about a particular Chinese company like Temu, TikTok or TP-Link, it can become an urgent priority — but maybe just for a few days. ‘We sense there’s a problem but we don’t know what to do about it,’ said Glenn Gerstell…”
China is a ‘very serious national security threat’: Fmr. NSA general counsel on TikTok
MSNBC | December 6, 2024
“U.S. officials say Chinese hackers breached American’s phone data and that they continue to maintain access to American telecom networks. Former NSA General Counsel Glenn Gerstell joins Andrea Mitchell to discuss this and an appeals court upholding a law enforcing TikTok either be sold or banned…’”
Chinese Cyber-Espionage Campaign: Major U.S. Telecom Companies Breached
CNN Newsroom | November 23, 2024
“Glenn joins CNN’s Jim Sciutto to discuss the impact and implications of what the chairman of the Senate Intelligence Committee calls the ‘worst telecom hack in our nation’s history…’”
Elon Musk’s reported contact with Putin is ‘very concerning,’ says fmr. NSA general counsel Gerstell
CNBC | October 25, 2024
“Glenn joins CNBC’s ‘Money Movers’ to discuss Elon Musk’s reported contact with Vladimir Putin, how such contact should be reported to the government, and more…”
The Crowdstrike outage showed the vulnerability of the cloud
NPR, Weekend Edition | July 27, 2024
“Experts say the services companies like Crowdstrike supply are in the hands of too few providers that are themselves too interconnected…”
America and Allies: North Korean Hackers Stole Military Secrets
Alhurra | July 26, 2024
“North Korean hackers have carried out a global cyber espionage campaign in an attempt to steal classified military secrets to support Pyongyang’s banned nuclear weapons program, the United States, Britain and South Korea said in a joint memo…What are the risks of this hacking operation and its impact on those who were hacked? How will Washington respond?…”
Glenn Gerstell Discusses the Broad Impact of the Cloudstrike Cyber Attack
CNN | July 20, 2024
“At least in terms of the number of people affected, in terms of their personal life, their commercial life, this is probably going to be the single biggest computer incident, in terms of overall effect…”
Global IT outage ‘may be biggest cyber incident ever’: Gerstell
NewsNation | July 19, 2024
“Glenn Gerstell, the National Security Agency’s former general counsel, said the global tech outage highlights how ‘we’ve let vulnerabilities creep into the system.’ Cybersecurity firm CrowdStrike said it has identified and is fixing the ‘defect’ in a software update it deployed to Microsoft Windows customers, one that crashed hundreds of thousands of computers overnight and crippled airlines, hospitals, banks and other businesses around the world. ‘One of those big vulnerabilities is concentration,’ Gerstell said Friday during an appearance on NewsNation’s ‘The Hill.’ ‘This may well turn out to be, in terms of the actual impact on people’s lives, the biggest cyber and computer incident ever…’”
Conservatives derailing Foreign Surveillance Act could be dangerous for U.S. national security
MSNBC | April 11, 2024
“The Republican revolt in the House, driven by Donald Trump, is putting a critical U.S. surveillance tool, FISA section 702, in jeopardy. Andrea Mitchell is joined by Ryan Nobles and former National Security Agency General Counsel Glenn Gerstell to discuss the path to passing FISA.…”
AT&T says data of 73 million customers leaked on dark web
CNN | March 31, 2024
“AT&T has launched an investigation into the source of a data leak that includes personal information of 73 million current and former customers. Former general counsel at the National Security Agency Glenn Gerstell joins CNN’s Omar Jimenez to discuss…”
Biden admin warns of hackers targeting US water systems
NewsNation | March 20, 2024
“The Biden administration is warning U.S. governors that hackers are targeting water and wastewater systems from coast to coast. The letter, released Tuesday by National Security Advisor Jake Sullivan and Environmental Protection Agency Administrator Michael Regan, warned all 50 governors they need to be proactive in boosting their digital defenses. Glenn S. Gerstell, former general counsel of the National Security Agency (NSA), joined ‘NewsNation Now’ to discuss…”
Is the clock ticking on TikTok?
CNN, Fareed Zakaria, GPS | March 17, 2024
“Fareed hosts a spirited debate on the House bill that could lead to a US ban on TikTok, with the American Enterprise Institute’s Kori Schake and Glen Gerstell, former general counsel for the National Security Agency. They discuss national-security risks the Chinese-owned app might pose given its many American users…”
Trump’s TikTok flip-flop
CNN, Fareed Zakaria, GPS | March 17, 2024
“Fareed talks with Kori Schake, director of foreign and defense policy studies at the American Enterprise Institute, and senior adviser at the Center for Strategic & International Studies Glenn Gerstell about the politics and legalities of a potential US ban on TikTok — and why former President Donald Trump reversed his position on the issue…”
BabyBus: Is the TikTok for toddlers gobbling your personal data?
The Morning Brief podcast, Economic Times | January 18, 2024
“Letting your child play with educational apps while you finish chores seems like a win-win. But what if those ‘fun’ & ‘entertaining’ games were secretly collecting your private information? That’s the unsettling truth behind BabyBus, a popular Chinese app developer among kids, as a recent data privacy report highlighted. BabyBus apps have been labeled as among the most ‘data hungry’ in the world. So, how did they skip the ban list after TikTok? And what exactly is at stake when it comes to data collection, especially by foreign companies?…”
Congress postpones spy tool reforms amid stark disagreements
Scripps News | December 14, 2023
Former National Security Agency general counsel Glenn Gerstell is one of dozens of retired intelligence officials trying to protect Section 702.
“It’s the single most important operational statute for America’s spy agency,” said Gerstell.
FISA 702 at Stake: Congressional Clash Over Surveillance Authority
ABA, National Security Law Today Podcast | December 12, 2023
The clock is ticking fast for reauthorization of FISA Section 702. With several proposed bills on the table and lack of consensus within Congress, the fate of this surveillance tool is at this time unclear. This week, host Elisa is joined by Glenn Gerstell and Adam Hickey to discuss the security value of Section 702, its strengths and weaknesses, and how clashing views behind privacy and data collection are shaping the conversation.
Casino and Hotel Giants Caesars and MGM Hit by Hackers
CNN | September 16, 2023
Glenn discusses the recent hacks of casinos, the risks to their businesses and their customers, and the state of their cybersecurity defenses.
DHS Report: Teens Breached Some of Tech’s Biggest Firms
CNN | August 12, 2023
Glenn discusses the recent hacks of tech firms and the Internet’s vulnerabilities.
What U.S. security risks could the Mar-a-Lago documents have created?
NPR | June 14, 2023
NPR’s Ari Shapiro speaks with former on the security risks of mishandled classified documents and if over-classifying documents puts sensitive intel at greater risk.
Montana Bans Social Media App Over Security Concerns
CNN | May 20, 2023
Glenn and CNN’s Paula Reid discuss Montana’s controversial ban of TikTok, making it the first state to ban the social media application.
FBI: Billing Records for Discord Led to ID of Pentagon Leak Suspect
FOX News | April 16, 2023
Glenn discusses how the classified documents leak by a National Guardsman happened and how it might damage U.S. national security.
Suspect Charged in Case Involving Leaked Classified Military Documents
MSNBC | April 15, 2023
Glenn talks with MSNBC’s Jonathan Capehart about the charges against the National Guardsman in the leaked classified documents case.
Friend Says Pentagon Docs Leaker Worked at Military Base
CNN | April 13, 2023
Glenn talks with CNN’s Kate Bolden about the leaked classified documents by a member of the Massachusetts Air National Guard.
U.S. Lawmakers Grill TikTok CEO over Privacy Concerns
CNN | March 24, 2023
Glenn talks with CNN’s John Vause about the congressional hearing on TikTok.
TikTok said all the right things but Congress wasn’t listening, think tank says
CNBC | March 24, 2023
Glenn says the congressional hearing “produced lots of fireworks and not a lot of illumination.”
TikTok ban would be bad policy and precedent, says former NSA general counsel
CNBC | March 22, 2023
Glenn joins CNBC’s “Squawk on the Street” to discuss upcoming congressional testimony from the TikTok CEO.
U.S. Spending Bill Includes Ban on TikTok for all Federal Devices
CNN | December 31, 2022
Glenn discusses the TikTok ban as it affects government-owned devices of state and federal government employees, the prospects for an outright ban of TikTok in the United States, and security considerations all TikTok users should keep in mind.
Secrets about Iran, China among Mar-a-Lago Docs
MSNBC | October 21, 2022
Glenn talks with Chris Hayes about a Washington Post report on highly sensitive intelligence retrieved by the Department of Justice from former President Trumps’s Florida residence.
What does antitrust legislation mean for security?
R Street Institute | September 30, 2022
Antitrust legislation has had no shortage of attention on Capitol Hill. While the broader policy implications of the two main bills—the American Innovation and Choice Online Act and the Open App Markets Act—have been widely debated, security and related implications have not received as much attention. Specifically, there is a need to focus on the stakes for national security, cybersecurity, privacy and online disinformation. The legislation is not directly related to these topics at every turn, but they still have a serious impact on American security and privacy.
What does antitrust legislation mean for security?
R Street Institute | September 30, 2022
Antitrust legislation has had no shortage of attention on Capitol Hill. While the broader policy implications of the two main bills—the American Innovation and Choice Online Act and the Open App Markets Act—have been widely debated, security and related implications have not received as much attention. Specifically, there is a need to focus on the stakes for national security, cybersecurity, privacy and online disinformation. The legislation is not directly related to these topics at every turn, but they still have a serious impact on American security and privacy.
Trump Team Opposes Disclosing Which Documents Were Classified
CNN | September 20, 2022
As the deadline approaches for former President Trump to respond to the Department of Justice request to keep reviewing material found at his Mar-a-Lago residence, Glenn discusses what to expect next.
The National Security Impact of the Mishandled Documents
MSNBC | September 7, 2022
Glenn and Olivia Troye, Homeland Security advisor to former Vice President Pence, discuss U.S. intelligence community concerns amid revelations of classified material found at former President Trump’s Mar-a-Lago property.
DOJ Releases Redacted Mar-a-Lago Search Warrant Affidavit
CNN | August 27, 2022
Glenn joins Michael Zeldin, former Special Assistant at the Department of Justice, to discuss details of and implications from the redacted Mar-a-Lago search warrant affidavit.
Key Revelations from Redacted Mar-a-Lago Affidavit
MSNBC | August 26, 2022
Glenn joins Dayna Perry, former Deputy Chief of the Criminal Division of the Southern District of New York, to dissect the redacted Mar-a-Lago search warrant affidavit.
Judge May Release Redacted Mar-a-Lago Search Warrant Affidavit
CNN | August 19, 2022
Glenn joins former federal prosecutor Jennifer Rogers to discuss the the search warrant affidavit at the center of the Department of Justice investigation of materials found at former President Trump’s Florida property.
Trump’s Legal Troubles
WHYY | August 18, 2022
The investigation into Trump’s alleged mishandling of classified documents is just one of several legal probes he is facing. A district attorney in Georgia is investigating efforts to overturn the 2020 election results, there are criminal and civil inquiries into Trump’s business in New York and the investigation into the January 6th insurrection is ongoing. This hour, the latest on Trump’s legal troubles starting with the Mar-a-Lago search and the jeopardy he could be facing. But first, a former NSA lawyer explains how government secrets are classified and how they are supposed to be handled.
Judge Hears Arguments on Unsealing Mar-a-Lago Affidavit
CNN | August 18, 2022
Glenn joins former Deputy Director of the FBI, Andrew McCabe, to discuss the issues around unsealing the affidavit at the center of the Department of Justice investigation of materials found at Mar-a-Lago.
Trump Claims he Declassified Any Docs Removed from Oval
MSNBC “The Last Word with Lawrence O’Donnell” | August 15, 2022
Glenn clarifies the facts around the Presidential power to declassify documents as it relates to the Department of Justice investigation of materials found at former President Trump’s Mar-a-Lago residence.
The documents the FBI searched in Mar-a-Lago don’t hinge on being classified
NPR | August 15, 2022
As former President Donald Trump’s explanation continues to evolve for why he had classified documents at his Mar-a-Lago home coming up on a year and seven months after he left the White House, so too have the questions evolved about his handling of those documents.
DOJ Removes 11 Sets of Classified Documents from Mar-a-Lago
CNN | August 13, 2022
Glenn and national security analyst Juliette Kayyem discuss the Department of Justice’s investigation into material retrieved from former President Trump’s Florida property, Mar-a-Lago.
TECH& Competition: Conversation with Glenn Gerstell
SIAA | June 28, 2022
SIIA Senior Vice President Global Public Policy Paul Lekas talks with cyber security expert Glenn Gerstell about the impact of the the American Innovation and Choice online Act (S.2992).
A Perspective on Russian Cyberattacks and Disinformation
Wall Street Journal | June 21, 2022
“Glenn Gerstell, a senior advisor at the Center for Strategic and International Studies and former general counsel of the National Security Agency, was interviewed at a Wall Street Journal event in San Francisco in front of a live audience. The discussion focused on Russian cyberattacks against Ukraine and Russia’s use of disinformation. Highlights of the discussion follow.”
The threat of Russian cyberwar
Today Explained podcast, Vox | April 18, 2022
“Russia is ramping up attacks on Ukraine’s digital infrastructure. The US could be next.”
Assessing the Threat of Cyberwarfare in Ukraine
TaiwanPlus News | March 17, 2022
“As the war in Ukraine unfolds, there are questions on whether Russia is planning a cyberspace attack. TaiwanPlus reporter Yin Khvat speaks to Glenn Gerstell at CSIS, the Center for Strategic International Studies — who was also general counsel of the United States’ National Security Agency — to find out more.”
What Makes New Yorkers Vulnerable to Russia’s Cyber Attacks?
Metrofocus | March 16, 2022
“Last week, NYPD Deputy Commissioner of Intelligence & Counterterrorism John Miller joined state and city lawmakers in sounding the alarm, telling New Yorkers to be on the lookout for cyberattacks.”
Spy agencies’ leaks of Russian plans point to the future of information warfare, Sen. Warner says
Cyberscoop | March 14, 2022
“The use of information warfare in Ukraine is a harbinger of the future in which conflicts will be shaped by information before a single shot is fired, said Glenn Gerstell, a senior adviser in the international security program at CSIS.”
How worried should we be about Russian cyberattacks?
Popular Science | March 13, 2022
“One way to gauge what potential Russian attacks could look like is to analyze past events. ‘We know from what Russia has done in the past, what they’re capable of,’ says Glenn Gerstell, former General Counsel of the United States National Security Agency from 2015 to 2020. ‘And they’ve used Ukraine as a little bit of their cyber punching bag, so to speak.’”
‘We are not ready’: a cyber expert on US vulnerability to a Russian attack
The Guardian | March 11, 2022
“We spoke with Glenn S Gerstell, a senior adviser at the Center for Strategic and International Studies and the former general counsel of the National Security Agency, about the likelihood of serious cyber warfare – and whether the US is prepared to respond. ‘If we had approached this correctly 20 years ago, we would be largely invulnerable to cyber-attacks,’ he said. ‘But unfortunately that is not the case.‘”
Satellite Images Show Russian Ground Forces Heading for Positions Close to Ukraine Border
CNN | February 21, 2022
The FTC Jumps Into Log4j Cleanup With One Foot
Lawfare, The Cyberlaw Podcast | January 13, 2022
Joining Cyberlaw Podcast host Stewart Baker, and fellow guests Tatyana Bolton and Mark MacCarthey, Glenn Gerstell gives a tour of China’s tech regulatory landscape, and the remarkable decline in the fortunes of consumer tech firms in that country…covers the latest story about security risks and telecom gear from China…explains the charges brought in China against Walmart for breaches of cybersecurity laws…and covers the announcement by Lloyd’s of London that cyber insurance won’t cover cyberattacks attributable to nation-states.
Constitutional Values and the Rule of Law in the AI Era: Confronting a Changing Threat Landscape
The Berkman Klein Center for Internet & Society | September 24, 2021
This event was part of a three-part symposium on Security, Privacy, and Innovation: Reshaping Law for the AI Era. The second session of the symposium focused on how AI-enabled technologies are changing the threat landscape and consider safeguards needed to protect constitutional values and the rule of law more broadly. An expert legal panel considered issues such as the adequacy of the Fourth Amendment in the AI era; the unique equities and issues raised by government use of AI in the intelligence, law enforcement, and border security contexts; and growing concerns around algorithmic bias, biometric technologies, deep fakes, malign information, and other AI-enabled cyber activities, and the need for regulation to address these challenges.
Allies, Enemies, and the Homefront Part 1: The National Security Implications of Antitrust
National Security Institute | August 26, 2021
The first of a four-part series hosted by the National Security Institute (NSI) examining the national security implications of antitrust challenges at home and abroad. This first event provides an introduction of domestic and international antitrust laws, examine the role of the U.S. tech industry in promoting U.S. national security and economic interests, including providing historical frameworks leading up to the current call by U.S. lawmakers to introduce antitrust lawsuits to protect consumers here in the United States.
Kaseya Ransomeware Attack — a Sign of Things to Come
CNN | July 6, 2021
Glenn Gerstell discusses the Kaseya ransomware attack and its implications.
Fmr. NSA General Counsel: Cyberattacks are a ‘huge problem’
MSNBC Andrea Mitchell Reports | June 7, 2021
Former NSA general counsel Glenn Gerstell joins Andrea Mitchell to discuss the wave of recent cyberattacks, and what the U.S. should do to combat them.
USAID Hack: Former NSA Official Calls U.S. Cyber Insecurity A ‘Chronic Disease’
NPR | May 30, 2021
“NPR’s Michel Martin speaks with Glenn Gerstell, the former general counsel for the National Security Agency, about the recent cyberattack that Microsoft says targeted government agencies.”
The Cybersecurity 202: The Defense Department isn’t armed to combat the growing threat of information warfare, experts warn
Washington Post | April 30, 2021
“National security experts will warn Congress today that the U.S. government isn’t doing enough to fight back against the growing national security threat of information warfare aimed at sowing distrust in the U.S. government at home and abroad”…read more
After A Major Hack, U.S. Looks To Fix A Cyber ‘Blind Spot’
NPR Morning Edition | April 6, 2021
“No one had reason to be suspicious, or the legal authority to monitor, as that software update was sent out electronically from SolarWinds to 18,000 organizations, including nine U.S. government agencies…”
The Tech Threat Matrix: Disinformation, Cybersecurity, and Geopolitics with Glenn Gerstell, former NSA General Counsel
The Burn Bag Podcast | April 5, 2021
“We begin the conversation by getting Glenn’s thoughts on why he believes that online disinformation is a national security threat, why cyber-propelled disinformation is very different from the spread of ‘old-fashioned’ propaganda, and whether the 2020 Election’s disinformation was primarily bolstered by Russia or domestic actors…”
Fmr. top NSA lawyer on how to fight the national security threat of disinformation online
MSNBC | February 18, 2021
“Glenn Gerstell, the National Security Agency’s former general counsel joins Andrea Mitchell to talk about actions that need to be taken to stop the spread of misinformation online, including about vaccines. ‘For many, many years anti-vaccination websites have enjoyed a field day on Facebook for quite some time, fueling their falsehoods about the efficacy of vaccines,’ he says…”
Former NSA General Counsel: “America’s Elections are More Secure than you Think”
CNN New Day | November 1, 2020
Gerstell talks with CNN New Day’s Christi Paul about election security and disinformation two days before the November 3 general election…
Articles by Glenn
U.S. Antitrust Cases Could Hand China a Win
Barron’s | December 9, 2024
“When the Trump administration takes office in January, it will face decisions over a set of profoundly important antitrust cases against several U.S. tech firms. These cases might significantly change how Americans communicate, shop, and receive news and entertainment. But another element of the cases has largely escaped attention: If they proceed as planned by the government, they could result in serious danger to national security…”
Preparing Today for Tomorrow’s AI Wars
The Cipher Brief | November 5, 2024
Book review of ALGORITHMS OF ARMAGEDDON: The Impact of Artificial Intelligence On Future Wars, By George Galdorisi and Sam J. Tangredi/U.S. Naval Institute Press
“Their excellent book is intended ‘to provide a detailed and impartial picture of the current state and potential evolution of military applications of AI.’ Given the technical complexity of the topic, it succeeds in that goal in a surprisingly readable way. The first three chapters are a useful explanation of big data, artificial intelligence, machine learning and autonomous systems, with a historical overview of how AI developed and in particular how it is being deployed by Russia and China. While that will all be familiar to experts, it’s a welcome addition to the explanatory literature in this area. The middle, and most alarming, part of the book is a discussion of how AI is being weaponized; it considers whether autonomous AI-empowered weapons can truly remain under human control. The final chapters speculate, in a disturbingly realistic way, how an AI-assisted or AI-directed global World War III might ignite and conclude…”
“Hacking” the Pentagon to Unclog its Technological Arteries
The Cipher Brief | September 3, 2024
Book review of UNIT X: How the Pentagon and Silicon Valley are Transforming the Future of War, By Raj M. Shah and Christopher Kirchhoff/Scribner
“In October 2016, at the height of America’s air campaign against ISIS in Syria and Iraq, Defense Innovation Board members and the head of the new Defense Innovation Unit Experimental (DIUx) wanted to see how technology was helping the military’s mission and where improvements were needed. So, they visited the Combined Air Operations Center in Qatar, which controlled military flights in 21 countries from northeast Africa and the Middle East through Central and South Asia. They didn’t like what they saw. Arguably already out of date when the center opened in 2003, the CAOC’s technology had remained mostly unchanged in the ensuing 13 years – several lifetimes in technology cycles…”
What Drives — and Deters — Cyber Warfare?
The Cipher Brief | July 18, 2024
Book review of RETHINKING CYBER WARFARE: The International Relations of Digital Disruption, by R. David Edelman/Oxford University Press
“Cyberattacks are ubiquitous and constant; Russia, China, Iran and North Korea launch cyber-maliciousness with impunity; and traditional concepts of deterrence seem useless. As the old saying about the weather goes: everybody talks about it, but nobody does anything about it. Rethinking Cyber Warfare seeks to fix this. In author R. David Edelman’s view, Russia’s massive cyber offense against Estonia on the morning of April 27, 2007, was the first nation-state cyberattack intended to have a national security outcome. Subsequently, as we all know too well, countries around the world have suffered from an ever-increasing barrage of cyber mischief ranging from theft to espionage to destruction to disinformation. And yet nations aren’t in full-fledged cyberwar…”
The Decline of Privacy in Today’s Digital World
The Cipher Brief | May 16, 2024
Book review of MEANS OF CONTROL: How The Hidden Alliance Of Tech And Government Is Creating A New American Surveillance State, by By Byron Tau/Crown
“In many ways, what Americans profess to want is exactly what they are unable or unwilling to achieve. Perhaps the best example of this peculiar phenomenon: despite our related aversion to government intrusiveness and desire for privacy, we Americans (alone among industrial democracies) have been unable to adopt basic privacy legislation or even limited regulation of data brokers. Congress has been struggling with privacy legislation for a decade, and just weeks ago, as part of the recent reauthorization of part of the Foreign Intelligence Surveillance Act, it rejected an amendment barring government purchases of Americans’ information from data brokers. This perhaps puzzling inability to safeguard the privacy we claim to want is, in journalist Byron Tau’s opinion, largely due to the public’s ignorance about just how little privacy they really have…”
The Big Data Question
The Cipher Brief | April 1, 2024
Book review of Data, Emerging Technologies and Intelligence, by Miah Hammond-Errey/Routledge
“Starting roughly in 2010, the increasing popularity of social media and mobile devices was both the cause and consequence of an explosion of data about individual users – identities, location, commercial patterns and other personal details. Just how useful such information could be was revealed to the general public by the sensational disclosures in 2018 of Cambridge Analytica’s harvesting of Facebook user data. But well before then, intelligence agencies had recognized the value of mass information about the digital lives of domestic and foreign citizens. Although their comments may have been aimed at a smaller and more technical audience, experts in government and academia had been examining the growing significance of big data in the process of producing national intelligence. Over the past decade, articles, scholarly journals, conferences and books have sought to explain and predict just how the acquisition, compilation and analysis of ‘big data’ would change the way Western intelligence agencies operate…”
How to keep China out of the Pentagon’s weapons
Defense One | March 25, 2024
“Two summers ago, when Honeywell told the Pentagon it feared that a subcontractor had improperly put Chinese metals in some F-35 jet engines, the reaction was swift. The Air Force halted acceptance of new aircraft containing the Chinese cobalt and samarium alloy. While the Defense Department and prime contractor Lockheed Martin raced to find out if the Chinese-sourced metals could be relied on, 18 badly needed fighter jets sat on a tarmac in Texas. We were lucky that time. The Air Force resumed deliveries after determining that the potentially compromised parts wouldn’t affect airplane safety. Next time, could sabotaged or defective Chinese parts, or secret surveillance devices, be slipped into weapons or communications systems by unwitting vendors further down the defense supply chain?…”
Private Sector Hacking Is on the Rise. A Leak Shows How China Operates.
Barron’s | March 4, 2024
“In the cyber equivalent of a Hollywood exposé, nearly 600 documents apparently leaked from a Chinese hacking contractor were posted publicly to the web late last month. The files contain the kind of private details and gossip that normally only spy agencies such as the National Security Agency and the U.K. General Communications Headquarters get to see. Yet there they were on the front pages of the world’s newspapers. There is more than a little irony in seeing a hacking group, whose efforts were supposed to be secret, being caught with its pants down. It’s also fascinating to have the curtain pulled away, revealing some very practical aspects of the world of freelance hackers. But on a deeper level, the hackers’ internal secrets illuminate the threats we face from that world…”
Why a Warrant Requirement for 702 Searches Will Do More Harm Than Good
Lawfare | February 12, 2024
“Only two months remain before the most important operational statute in the national security area expires. Yet Congress struggles to agree on the terms of any extension. Republicans and Democrats in both the Senate and House broadly concur that Section 702 of the Foreign Intelligence Surveillance Act, which lapses on April 19, is of critical value. Even so, there’s widespread acceptance of the need for some level of reform, in part to address past abuses of the statutory authority by the FBI. Members of Congress are sharply divided, however, over whether to amend the statute to require the FBI to obtain a court order before it looks in its computer database for Americans’ information incidentally acquired under that section. While such a proposal might seem attractive, it’s misguided…”
Disinformation and the Limits of Yelling ‘Liar’ in a Crowded Theater
The Cipher Brief | November 7, 2023
Book review of Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation, by Jeff Kosseff/Johns Hopkins University Press
“When asked at a Cipher Brief conference several years ago, to name the most serious security threat facing the United States, former Director of National Intelligence James Clapper had a short and ready answer: disinformation. General Clapper elaborated that cyber-propelled foreign and domestic disinformation could have the pernicious effect of corroding the legitimacy of our democratic institutions, leading to loss of trust in government and ultimately to autocratic reactions. That deep concern over the threat posed by disinformation and other lies spread and turbocharged by social media is at the heart of Liar in a Crowded Theater, a new book by Jeff Kosseff, a Professor of Cybersecurity Law at the U.S. Naval Academy…”
Glenn Gerstell on “Avoiding the Worst Intelligence Failure of our Time: The Reauthorization of FISA Section 702
Lawfire | September 14, 2023
“It’s hard to imagine another occasion when a senior group of national security experts has made so sweeping a statement about a failure to act. More alarming is that the prospect of such a failure is so real. This is exactly the situation Congress and the national security establishment are facing with the year-end expiration of Section 702 of the Foreign Intelligence Surveillance Act. The statute, considered indispensable to the US Intelligence Community, allows the surveillance of foreign intelligence targets located overseas who use American email and other communications systems. Notwithstanding its crucial importance, the law is the subject of complex controversy – both old and new, and technical and political. Understanding that controversy requires a brief explanation of the statute…”
What Does the Future of National Intelligence Hold?
The Cipher Brief | August 22, 2023
Book review of The Future of National Intelligence, by Shay Hershkovitz/Rowman & Littlefield
“Over the past century, America has been warned that it was inadequately prepared for world wars, on the verge of losing the space race with the launch of Sputnik, woefully ill-equipped after the 9/11 attacks to thwart international terrorism, and more recently, moving too sluggishly to deal with technological innovation affecting many aspects of our national wellbeing. Yet if history is any guide, we’ve mostly been able to catch up and address impending threats.… Is it different this time? The technological advances relevant to the U.S. Intelligence Community (IC) are now so different in scale, speed and scope that they threaten to overwhelm, if not render partly irrelevant, our foreign intelligence system. That’s the premise of The Future of National Intelligence, by Dr. Shay Hershkovitz, a respected commentator and academic who has focused on innovation and intelligence…”
How FBI Querying Under FISA Section 702 Works
Lawfare | July 10, 2023
“Since its enactment in 2008, the electronic surveillance program established under Section 702 of the Foreign Intelligence Surveillance Act (FISA) has been controversial, in large part because Americans who happen to be in contact with a foreign surveillance target might have their communications picked up by the U.S. Intelligence Community. This ‘incidental collection’ of Americans’ communications is seen as an inevitable byproduct of the program. But the subsequent searching for Americans’ names or email addresses in the information acquired under Section 702—even for well-intentioned and legitimate purposes—has drawn criticism…”
How Safe Would We Be Without Section 702?
The Cipher Brief | June 1, 2023
“A provision of the Foreign Intelligence Surveillance Act that has generated controversy around fears of the potential for abuse has proven to be crucial for America’s intelligence community in uncovering a web of fraudulent North Korean activity, which had been generating revenue for its nuclear program, according to a top State Department official…”
Biden’s New Cyber Strategy Will Acknowledge an Essential Truth: Market Forces Aren’t Enough
Barron’s | February 6, 2023
“For many of the things we depend on, government regulations keep us safe where market forces alone are insufficient. We feel confident pulling a box of pills off the shelf at the drugstore because we know the government is watching the pharmaceutical industry closely. We don’t even stop to think about it, and that’s true for many other critical products and services. But there is one major exception: the cyber and digital technology we rely on every day. That’s about to change…”
The Problem with Taking TikTok Away From Americans
New York Times | February 1, 2023
“A ban of TikTok throughout the United States, if it could actually be enacted, would immediately solve our national security concerns about the wildly popular Chinese-owned video app. But such a ban might ultimately put our national security at greater risk. Moreover, it would sidestep a broader problem…”
The Mar-a-Lago case is about national security, not politics
The Washington Post | August 31, 2022
“…the intense, politically charged focus on criminality deflects attention from a far more pernicious danger — that we fail to appreciate the national security risks posed by casually tossing government documents into moving boxes.”
Before we regulate Big Tech, let’s make sure we don’t hurt national security
The Hill | May 19, 2022
“With the laudable goals of promoting competition and outlawing unfair tactics in the online world, Congress is considering antitrust bills that would regulate how companies such as Apple, Amazon, Facebook (Meta), Google (Alphabet) and Microsoft treat other businesses that use their digital platforms. Regardless of the extent of regulation, everyone recognizes that the platforms must be kept free from malware and spyware. But some of the provisions in the bills might inadvertently undercut the ability to do that…”
I’ve Dealt With Foreign Cyberattacks. America Isn’t Ready for What’s Coming.
New York Times | March 4, 2022
“As Russian missiles rain on Ukraine, there’s another battle brewing — in the cybersphere. Destructive malware has flooded hundreds of Ukrainian websites and computers since Vladimir Putin announced his invasion. It would be a mistake to assume such attacks will remain limited to Ukrainian targets…”
Pushing Putin Won’t Solve America’s Ransomware Problem
Barron’s | July 13, 2021
“President Joe Biden has taken forceful and public efforts to address the ever-worsening scourge of Russian-based ransomware attacks. By taking ownership of the issue, however, he inadvertently reduces the pressure on the two groups that can fix the problem: Congress and the private sector…”
China Is the Elephant in the Room as Europe Targets American Tech
Barron’s | June 7, 2021
“Managing competition with an ever more assertive China isn’t expressly on the agenda for President Biden’s meetings this week with European leaders. But the issue of how best to counter China will nonetheless percolate through their deliberations, surely influencing the expected American agreement to Europe’s proposal for a new EU-U.S. Trade and Technology Council…”
There’s a Big Gap in Our Cyber Defenses. Here’s How to Close It.
Politico | April 19, 2021
“Foreign adversaries who use U.S. servers are hiding in plain sight, but we can unveil them without violating the Constitution…”
We Can Take Advantage of the Russian Hack. Here’s How.
Politico | December 22, 2020
“It’s unrealistic to think we’ll be able to detect and stop every future attack; yet there are bolder steps the government can take now that will make a big difference in protecting its vital information and systems and aiding the private sector…”
The National-Security Case for Fixing Social Media
The New Yorker | November 13, 2020
“On Wednesday, July 15th, shortly after 3 p.m., the Twitter accounts of Barack Obama, Joe Biden, Jeff Bezos, Bill Gates, Elon Musk, Warren Buffett, Michael Bloomberg, Kanye West, and other politicians and celebrities began behaving strangely…”
Among the Election Winners: Disinformation, By a Landslide
Barron’s | November 3, 2020
“The Election Day results aren’t all in, but already there are three clear winners: disinformation by a landslide, early voting by a clear majority, and governmental security steps by a significant margin…”
America’s Elections Are More Secure Than You Think
Barron’s | October 30, 2020
“Chances are we will soon look back on the 2020 elections as the most secure in our history. There will probably be delays, disputes, and disinformation. But actual large-scale chicanery with the balloting or tabulation won’t be among the problems…”
To Prevent the Next Pandemic, Global Spy Agencies Must Join Forces With the WHO
Newsweek | June 8, 2020 (co-authored with Jamie Metzl)
“To prevent this type of total systems failure from happening again, we need a better way to stop deadly pathogenic outbreaks in their tracks at the earliest moment. The bad news is that we can’t do that under the current global health system. The good news is that the solution is within our grasp…”
Public Surveillance to Keep Us Healthy and Protect Our Privacy
Center for Strategic and International Studies | April 16, 2020
“If the Black Death in 1348 and the Spanish Flu in 1918 accelerated existing but nascent societal trends, what developments will the Covid-19 pandemic jump-start? While some developments will be revealed only retrospectively, one is immediately manifest: public health requirements will force us to decide just how much technology-fueled surveillance we really want…”
Four ways U.S. intelligence efforts should change in the wake of the coronavirus pandemic
The Washington Post | April 7, 2020
“While intelligence professionals must continue working as usual during the coronavirus crisis, their jobs must change post-crisis in four fundamental ways: The scope of mission must be broadened; public information relied on much more; taxpayer dollars used with greater effectiveness; and our battle against foreign disinformation intensified…”
I Work for the N.S.A. We Cannot Afford to Lose the Digital Revolution
The New York Times | September 10, 2019
“The threats of cyberattack and hypersonic missiles are two examples of easily foreseeable challenges to our national security posed by rapidly developing technology. It is by no means certain that we will be able to cope with those two threats, let alone the even more complicated and unknown challenges presented by the general onrush of technology — the digital revolution or so-called Fourth Industrial Revolution — that will be our future for the next few decades…”
Profiles of Glenn
What Does it Take to Lead NSA’s Legal Team?
ADD Docket | July 29, 2020
“It is an organization both respected and feared: the US National Security Agency (NSA). From its humble beginnings as a US Army unit charged with decrypting enemy codes during World War I, today’s NSA stands at the forefront of technology, privacy, and national security issues. It has played crucial roles in protecting the United States from foreign threats. But the NSA’s mass surveillance programs, as authorized by statutes such as the US Patriot Act, have also spawned great alarm. In an agency subject to increasing public scrutiny, what does it take to lead the NSA’s Office of General Counsel?”…read more
The Cybersecurity 202: Government may be too slow to tackle cyberthreats, outgoing NSA attorney warns
The Washington Post | February 3, 2020
“New forms of ‘unconventional’ thinking are critical when it comes to the risks of hacking threats from China and other U.S. adversaries on American systems. The speed at which technology advances cannot be underestimated, nor can the threat that hacks pose to American national privacy and security. 30 year old laws and regulations on cybersecurity and tech firms will need to be updated soon, before technology fully outpaces legislation…” read more
NSA’s top lawyer on surveillance and new challenges coming with 5G network
CBS News | April 3, 2019
“The inherent legal, ethical, and societal implications implicit in the advent of 5G networks and other rapid technological changes are immense, and new rounds of privacy definitions and considerations must follow with due diligence if the US is to keep up with the changes. Gerstell also explains the NSA’s new take on transparency in the era of agencies and corporations being held accountable by audiences across the globe, and how they plan to navigate the space between keeping information safe and secure, and align sure the American public’s constitutional rights remain protected…” read more
Transcript: Glenn Gerstell talks with Michael Morell on “Intelligence Matters”
CBS News | Intelligence Matters podcast, April 3, 2019
A discussion with Michael Morell, former Acting Director of the C.I.A.…read more
Lawyer Limelight: Glenn Gerstell
Lawdragon | November 2, 2016
Interview with Glenn Gerstell…read more