[iwar] [fc:USSS-ASAC.BOB.WEAVER(NY).TESTIMONY:CONGRESS:CYBER-TASK.FORCE]

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Date: 2001-10-13 02:33:37


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Subject: [iwar] [fc:USSS-ASAC.BOB.WEAVER(NY).TESTIMONY:CONGRESS:CYBER-TASK.FORCE]
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U.S. Secret Service

Testimony of Mr. Bob Weaver
Assistant Special Agent in Charge
New York Field Office

Before

The House Committee on Science  
U.S. House of Representatives

October 10, 2001


Mr. Chairman, members of the committee, thank you for the opportunity to 
address the committee regarding computer security and how we can protect 
American computer networks from attack.  Mr. Chairman, I want to especially 
thank you, Mr. Chairman, for your unwavering support and advocacy on behalf 
of all of the members of our task force.  After the dark day of September 11, 
2001, your commitment and dedication to our rebuilding efforts has been and 
remains inspirational to all of us who are committed to public service.

The Secret Service fights cyber crime as part of our core mission to protect 
the integrity of this nation’s financial payment systems.  This role has 
evolved from our initial mandate to suppress the counterfeiting of currency 
upon our creation in 1865.  Since this time, modes and methods of payment 
have evolved and so has our mission. Computers and other “chip” devices are 
now the facilitators of criminal activity or the target of such.  The 
perpetrators involved in the exploitation of such technology range from 
traditional fraud artists to violent criminals – all of whom recognize new 
opportunities and anonymous methods to expand and diversify their criminal 
portfolio.  

In this era of change, one constant that remains is our close working 
relationship with the banking and finance sector and the telecommunications 
industry.  Our history of cooperation with these industries is a result of 
our unique responsibilities and status as an agency of the Department of the 
Treasury.  We believe that protection of the banking and financial 
infrastructure and telecommunications is our “core competency” area.  As an 
agency, we seek to manage and apply our unique investigative resources in the 
most efficient manner possible for the benefit of our telecommunications 
financial institution customers.

Mr. Chairman, there is no shortage of information, testimony, or anecdotal 
evidence regarding the nature and variety of cyber-based threats to our 
telecommunications and banking and financial infrastructures and the need to 
create effective solutions.  There is, however, a scarcity of information 
regarding successful models to combat such crime in today’s high tech 
environment.  That is where the Secret Service can make a significant 
contribution to todays and future discussions of successful law enforcement 
efforts to combat cyber crime.

The Secret Service has found a highly-effective formula for combating high 
tech crime – a formula that has been successfully developed by our New York 
Electronic Crimes Task Force.  While the Secret Service leads this innovative 
effort, we do not control or dominate the participants and the investigative 
agenda of the task force.  Rather, the task force impacts the community by 
providing a productive framework and collaborative crime-fighting environment 
in which the resources of its participants can be combined to effectively and 
efficiently make a significant impact on electronic crimes.  Other law 
enforcement agencies bring additional criminal enforcement jurisdiction and 
resources to the task force while representatives from private industry, such 
as telecommunications providers, for instance, bring a wealth of technical 
expertise.

Within this New York model, established in 1995, there are 50 different 
federal, state and local law enforcement agencies represented as well as 
prosecutors, academic leaders and over 150 different private sector 
corporations.  The wealth of expertise and resources that reside in this task 
force coupled with unprecedented information sharing yields a highly mobile 
and responsive machine.  In task force investigations, local law enforcement 
officers hold supervisory positions and representatives from other agencies 
regularly assume the lead investigator status.  These investigations 
encompass a wide range of computer-based criminal activity, involving 
e-commerce frauds, intellectual property violations, telecommunications 
fraud, and a wide variety of computer intrusion crimes.

Since 1995, the task force has charged over 800 individuals with electronic 
crimes valued at more than $525 million.  It has trained over 13,000 law 
enforcement personnel, prosecutors, and private industry representatives in 
the criminal abuses of technology and how to prevent them.  We view the New 
York Electronic Crimes Task Force as the model for the partnership approach 
that we hope to employ in additional venues around the country in the very 
near future. The systemic approach and business model of the task force is 
based on the principles of prevention, education, training and awareness, 
pre-incident response risk management, investigations and prosecution.  But 
what I believe separates this task force from all others, what truly gives us 
our unique brand that has generated so much success, is our commitment to 
building trusted partnerships and placing the highest priority on that which 
is in the best interests of the community.

Mr. Chairman, the greatest strength of the New York task force is our 
commitment and contribution to the community.  Our core mission has always 
been simple -- to make a difference, to have an impact on the community, and 
to respond to the needs of our law enforcement partners, consumers, and 
private industry.  The community has always been our focus.  Little did we 
know, that one fateful day after the destruction of our office and all of our 
investigative tools and records, that this community would stand by our side 
and help to rebuild us.  Despite losing our building and our equipment, we 
still had our most precious resource, each other.  I cannot tell you how 
proud I am of not only the men and women of the Secret Service who work 
tirelessly on the task force day and night, but also the assistance and 
support of our task force partners that cannot be quantified.  Because of 
this support, I can tell you that within 48 hours of the complete destruction 
of our New York Field Office, the now battle-tested task force model was 
operational within 48 hours and fighting back. 

An important component in our investigative response to cyber crime is the 
Electronic Crimes Special Agent Program (ECSAP).  This program is comprised 
of approximately 175 special agents who have received extensive training in 
the forensic identification, preservation, and retrieval of electronically 
stored evidence.  Special Agents entering the program receive specialized 
training in all areas of electronic crimes, with particular emphasis on 
computer intrusions and forensics.  ECSAP agents are computer investigative 
specialists, qualified to conduct examinations on all types of electronic 
evidence, including computers, personal data assistants, telecommunications 
devices, electronic organizers, scanners and other electronic paraphernalia.

The Secret Service ECSAP program relies on the 4 year-old, Treasury-wide 
Computer Investigative Specialist (CIS) initiative.  All four Treasury law 
enforcement bureaus – the Internal Revenue Service, Bureau of Alcohol, 
Tobacco and Firearms, U.S. Customs Service and the U.S. Secret Service -- 
participate and receive training and equipment under this program. Recently, 
this has been expanded to include state and local law enforcement.

All four Treasury bureaus also jointly participate in curriculum development 
and review, equipment design and distribution of training assets.  As a 
result, financial savings by all Treasury bureaus are realized due to 
economies of scale.  Additionally, agents from different bureaus can work 
together in the field in an operational capacity due to the compatibility of 
the equipment and training.  In the end, the criminal element suffers and the 
taxpayer benefits.

Because of the recognized expertise of those in ECSAP, other law enforcement 
agencies regularly request training from the Secret Service or advice 
concerning their own computer forensics programs.  These requests have come 
from agencies all across the country, as well as foreign countries such as 
Italy and Thailand.  The Secret Service recognizes the need to promote 
international cooperation and remains proactive in the dissemination of 
information to law enforcement agencies, both domestically and 
internationally, regarding program initiatives and current financial and 
electronic crimes trends.

Mr. Chairman, we are committed to working closely with our law enforcement 
counterparts worldwide in response to cyber crime threats to commerce and 
financial payment systems.  We currently have 18 offices in foreign countries 
and a permanent assignment at Interpol, as well as several overseas 
initiatives.  Our foreign presence increases our ability to become involved 
in foreign investigations that are of significant strategic interest.

In addition to providing law enforcement with the necessary technical 
training and resources, a great deal more can be accomplished in fighting 
cyber crime if we are able to harness additional resources that exist outside 
government in the private sector and academia. The Secret Service believes 
there is value in exploring new methods within the legal framework with both 
those in the private sector and academia who are devoting substantial 
resources to protecting their networks and researching new solutions. 

Finally, law enforcement in general is not sufficiently equipped to train the 
masses nor can it compete with academic institutions of higher learning in 
the area of research and development.  However, our partnerships with 
industry and academia have demonstrated that this should be an integral part 
of the solution.
 
Partnerships are a very popular term in both government and the private 
industry these days and everyone agrees that there is great benefit in such 
an approach.  Unfortunately, however, partnerships cannot be legislated, 
regulated, or stipulated.  Nor can partnerships be purchased, traded or 
incorporated.  Partnerships are built between people and organizations who 
recognize the value in joint collaboration toward a common end.  They are 
fragile entities which need to be established and maintained by all 
participants and built upon a foundation of trust.

The Secret Service, by virtue of the protective mission for which we are so 
well known, has always emphasized discretion and trust in executing our 
protective duties.  We learned long ago that our agency needed the full 
support and confidence of local law enforcement and certain key elements of 
the private sector to create and maintain a successful and comprehensive 
security plan.  Furthermore, we are also keenly aware that we need to 
maintain a trusted relationship with our protectees so that we can work with 
them and their staffs to maintain the delicate balance between security and 
personal privacy. Everyone knows the Secret Service “protects and serves;” 
now, in the Information Age, our mission is to also “protect servers.”

Our predisposition towards discretion and trust naturally permeates our 
investigative mission where we enjoy quiet successes with our private sector 
partners.  We have successfully investigated many significant cases with the 
help of our private sector partners such as network intrusions and 
compromises of critical information or operating systems.  In such cases, 
even though we have technical expertise that is second to none, we still rely 
on our private sector counterparts to collaborate with us in identifying and 
preserving critical evidence to solve the case and bring the perpetrator to 
justice.  Equally important in such cases is conducting the investigation in 
a manner that avoids unnecessary disruption or adverse consequences to the 
victim or business.  With the variety of operating platforms and proprietary 
operating systems in the private sector, we could not accomplish these 
objectives without the direct support of our private sector partners.

In fact, in one recently completed complex investigation involving the 
compromise of a wireless communications carrier’s network, our case agent 
actually specified in the affidavit of the federal search warrant that 
representatives of the victim business be allowed to accompany federal agents 
in the search of the target residence to provide technical assistance.  This 
is unprecedented in the law enforcement arena and underscores the level of 
trust we enjoy with those we have built relationships with in the private 
sector.  It is also indicative of the complexity of many of these 
investigations and serves to highlight the fact that we in law enforcement 
must work with private industry to be an effective crime fighting force.  In 
approving this search warrant, the court recognized that in certain cases 
involving extraordinarily complex systems and networks, such additional 
technical expertise can be a critical, and sometimes imperative, component of 
our investigative efforts.

Recently-concluded investigations demonstrate the breadth of cases the Secret 
Service is working, and provide concrete evidence of the continuing success 
of ECSAP.  Examples of such cases include an intrusion into a 
telecommunication provider’s network and an attack on a private investment 
company’s trading network.

The first case was initiated on February 20, 2001, a case with obvious 
critical infrastructure implications, when two major wireless 
telecommunications service providers notified the New York Electronic Crimes 
Task Force that they had identified two hackers in different remote sites who 
were attacking their systems.  These hackers were manipulating the systems to 
obtain free long distance service, re-route numbers, add calling features, 
forward telephone numbers, and install software that would ensure their 
continued unauthorized access.  

The level of access obtained by the hackers was virtually unlimited, and had 
they chosen to do so, they could have shut down telephone service over a larg
e geographic area, including “911” systems, as well as service to 
government installations and other critical infrastructure components.  

On March 20, 2001, the Secret Service simultaneously executed search warrants 
in New York City and Phoenix and computer equipment was seized at both 
locations.  One suspect was arrested on federal computer fraud charges, while 
the other suspect is pending indictment for computer tampering under Arizona 
state statute. The partnership and teamwork with the telecommunications 
service providers made all the difference in the successful and final 
outcome. They were included from start to finish in the investigative and 
prosecutorial strategies to better protect their information and operational 
effectiveness.

The second case occurred from March 9, 2000, through March 14, 2000, when a 
company located in New York, NY, received several Internet-based “denial of 
service” attacks on its servers.  A “denial of service” attack occurs when a 
perpetrator launches malicious programs, information, codes, or commands to a 
target or victim computer which causes a degradation of service or shutdown, 
thereby denying access by legitimate customers to those computers.  In this 
instance, the company was a prominent provider of electronic trading services 
on Wall Street.  

While the attacks were still occurring, the company’s CEO contacted the New 
York Electronic Crimes Task Force.  The CEO identified a former employee as a 
suspect, based upon the fact that the attacks preyed on vulnerabilities which 
would only be known to the former employee.  These attacks continued through 
March 13, 2000, when ECSAP agents and task force members identified the 
attacking computer and arrested the former employee for violating Title 18, 
USC, Section 1030 (Computer Fraud).  In a post-arrest statement, the suspect 
admitted that he was responsible for the denial of service attacks.  As a 
result of the attacks, the company and its customers lost access to trading 
systems.  Approximately $3.5 million was identified in lost trading fees, 
commissions, and liability as a result of  the customers’ inability to 
conduct any trading.

Let me relate the Secret Service’s mission in fighting cyber crime to the 
bigger picture of critical infrastructure protection.  As previously stated, 
we target cyber crime as it may affect the integrity of our nation’s 
financial payment and banking systems.  As we all know, the banking and 
finance sector comprises a very critical infrastructure sector and one which 
we have historically protected and will continue to protect.  In this 
context, our efforts to combat cyber assaults which target information and 
communication systems which support the financial sector are part of the 
larger and more comprehensive critical infrastructure protection scheme.  The 
whole notion of infrastructure protection embodies an assurance and 
confidence in the delivery of critical functions and services that in today’s 
world are increasingly interdependent and interconnected.  To put this all in 
perspective, the public’s confidence is lost if such delivery systems and 
services are unreliable or unpredictable regardless of the cause of the 
problem.  

We also recognize that our unique protective responsibilities, including our 
duties as the lead federal agency for coordinating security at National 
Special Security Events, demand heightened electronic security awareness and 
preparation.  A well-placed cyber attack against a weak technology or support 
infrastructure system can render an otherwise sound physical security plan 
vulnerable and inadequate.

Mr. Chairman, it should also be noted that all deliberate infrastructure attac
ks, before they rise to such a threshold, are also cyber crimes and are 
likely to be dealt with initially by law enforcement personnel, both federal 
and local, in the course of routine business.  In fact, I don’t believe there 
is universal agreement as to when a “hack” or network intrusion rises to the 
threshold of an infrastructure attack and corresponding national security 
event but we would all probably recognize one when it reached catastrophic 
proportions.

Given this continuum and interplay between computer-based crimes and national 
security issues, the Secret Service recognizes that its role in investigating 
computer-based attacks against the financial sector can be significant in the 
larger plan for the protection of our nation’s critical infrastructures.  
When we arrest a criminal who has breached and disrupted a sensitive 
communications network and are able to restore the normal operation of the 
host --be it a bank, telecommunications carrier, or medical service provider 
-- we believe we have made a significant contribution towards assuring the 
reliability of the critical systems that the public relies upon on a daily 
basis.

As a footnote, the task force meets regularly with representatives from Wall 
Street and the Financial Services Information Sharing and Analysis Center 
(FS/ISAC) that was created pursuant to Presidential Decision Directive (PDD) 
63.  The directive mandated the Department of the Treasury to work with 
members of the banking and finance sector to enhance the security of the 
sector’s information systems and other infrastructures, a responsibility 
managed by Treasury’s Assistant Secretary of Financial Institutions.  The 
role of the FS/ISAC is to devise a way to share information within the 
financial services industry relating to cyber threats and vulnerabilities.  
The Secret Service feels that it can make a significant contribution to the 
work of the FS/ISAC and is exploring common areas of interest with the 
FS/ISAC, to include information sharing, information technology, and expertise
 in technical, physical security and administrative areas of concern    

The Secret Service is also continuing to receive requests from local law 
enforcement agencies and others for assistance, and we welcome those 
requests.  On an alarmingly increasing basis, our local field offices and the 
Financial Crimes Division of the Secret Service receive desperate pleas from 
local police departments for physical assistance, training and equipment in 
the area of computer forensics and electronic crimes so that they can 
continue to provide a professional level of service and protection for their 
citizens.  In short, the Secret Service has become another option for local 
law enforcement, the private sector and others to turn to when confronted 
with network intrusions and other sophisticated electronic crimes. 

Over the past 3 years, Secret Service ECSAP agents completed 2,122 
examinations on computer and telecommunications equipment.  Although the 
Secret Service did not track the number of exams done for other law 
enforcement agencies during this period, it is estimated that some 10 to 15 
percent of these examinations fell in this category.  Many of the 
examinations were conducted in support of other agencies’ investigations such 
as those involving child pornography or homicide cases simply because the 
requesting agency did not have the resources to complete the examination 
itself.  

In spite of our limited resources, we do provide physical assistance on a 
regular basis to other departments, often sending ECSAP agents overnight to 
the requesting venue to perform computer related analyses or technical 
consultation.  In fact, so critical was the need for even basic training in 
this regard that the Secret Service joined forces with the International 
Association of Chiefs of Police and the National Institute for Justice to 
create the “Best Practices Guide to Searching and Seizing Electronic 
Evidence” which is designed for the line officer and detective alike.   

We have also worked with this group to produce the interactive, 
computer-based training program known as “Forward Edge” which takes the next 
step in training officers to conduct electronic crime investigations.  
Forward Edge incorporates virtual reality features as it presents three 
different investigative scenarios to the trainee.  It also provides 
investigative options and technical support to develop the case.  Copies of 
state computer crime laws for each of the fifty states as well as 
corresponding sample affidavits are also part of the two-CD training program 
and are immediately accessible for instant implementation.

Thus far we have dispensed over 220,000 “Best Practices Guides” to local and 
federal law enforcement officers and we are preparing to distribute, free of 
charge, over 20,000 Forward Edge training CDs.

In an additional effort to further enhance information sharing between the 
law enforcement community and the financial industry, the Secret Service 
recently created the “E Library” Internet website which serves as a 
mechanism for all members to post specific information, images and alerts 
relating to fictitious financial instruments, counterfeit checks, and credit 
card skimming devices. This website is accessible free of charge to all 
members of the law enforcement and banking communities and is the only such 
tool of its kind. 

In today’s high tech criminal environment, the challenge to federal law 
enforcement and government is to identify existing repositories of expertise 
and provide a framework for inclusion and productive collaboration amongst 
the many government agencies and their respective industry and academic co
unterparts.  The Secret Service is convinced that building trusted 
partnerships with the private sector and local law enforcement is the model 
for combating electronic crimes in the Information Age.

Mr. Chairman, that concludes my prepared statement, and I would be happy to 
answer any questions that you or other members of the subcommittee may have.

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