U.S. lawmakers have unanimously passed the Voter Integrity Protection Act , which would make hacking into election systems a federal crime. The Senate passed the bill introduced by Senators Richard Blumenthal, Sheldon Whitehouse and Lindsey Graham in 2019 and is now headed to President Trump 's desk for his signature.
The bill seeks to make hacking into the nation’s election systems and infrastructure a federal crime under the Computer Fraud and Abuse Act (CFAA), which dates back to 1986 and is based on striking a balance between the government in cybercrime and the interests and abilities of states to prohibit and punish such crimes. Although the Department of Justice (DoJ) often relies on the CFAA to prosecute hackers accused of cybercrime, there is a loophole in the law, as it only applies to systems that involve the Internet. Voting equipment is not typically connected to the Internet.
Blumenthal said the bill’s passage on Sept. 21 came at the right time to protect the security of the Nov. 3 presidential election, for which voting began Sept. 18 in four states.
As Blumenthal noted, many have attempted to hack the infrastructure that underpins U.S. democracy, but the country’s laws and enforcement have fallen far short of this threat. Therefore, this bill must become law quickly, as there is no time to waste, with the election just around the corner.
The bill stems from a report released by the Department of Justice's Cyber Digital Task Force in July 2018.
In the report, the Cyber Digital Task Force noted: Act Fraud (“CFAA”) does not currently prohibit hacking an election system. Generally, the CFAA only prohibits hacking computers that are connected to the Internet (or meet other narrow protection criteria).” The Cyber Digital Task Force further cautioned that electronic voting machines that are not typically connected to the Internet would not meet these criteria. Consequently, in the event of an election system hack, the government would not, in many cases, be able to use the CFAA to prosecute hackers on the basis that they committed a federal crime.
Spokesperson Sheila Jackson Lee said: “The bill is an important legislative initiative, especially as this year’s presidential election. We all want a fair and impartial electoral system, voting is an essential part of our democracy, we must ensure that our citizens have confidence in our electoral systems.”
US national security officials, still reeling from Russian hackers' interference in the 2016 presidential election and subsequent, ongoing cyber intrusions by other foreign powers, have repeatedly and publicly pledged their determination to combat cyberterrorism in the 2020 election.
William Evanina, director of the National Counterintelligence and Security Center, recently stated that China, Iran , and Russia seek to influence the preferences and perspectives of U.S. voters, change U.S. policies, increase dissent in the U.S., and undermine the American people's trust in the country's democratic process.
Also, White House National Security Advisor Robert O'Brien recently warned that potential hacking of the upcoming US elections would have a serious impact. In an interview on the television show "Face the Nation," O'Brien confirmed that these foreign states are carrying out phishing and other cybercrimes against the US election infrastructure. Therefore, an effort is being made to strengthen and protect the elections and infrastructure against potential hacking.
