Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

Published by The Lawfare Institute
in Cooperation With
Winnona Bernsen, nonresident fellow at the Atlantic Council’s Cyber Statecraft Initiative and founder of DistrictCon, joins Lawfare Contributing Editor Justin Sherman to discuss her recently released report "Crash (Exploit) and Burn: Securing the Offensive Cyber Supply Chain to Counter China in Cyberspace." They discuss the offensive cyber industry, the private sector and individual players, and the government procurement pipelines in the United States and China. They also discuss the strengths and weaknesses of each country’s offensive cyber procurement ecosystem, what it takes to sell an exploit, Winnona’s findings on the markups that middlemen add to exploit sales, and what it all means for the future of competition and cybersecurity.
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Transcript
[Intro]
Winnona DeSombre Bernsen:
So if you don't know a government customer, you'll probably want to find a
middleman, which is where things get a little bit more sketchy because you
don't necessarily know who will end up using your zero day, especially when
middlemen sell to other middlemen. And so you get this weird, murky industry
where there's markups and bugs that are going for crazy prices and then you
have this lack of trust on the consumer side.
Justin Sherman: It’s the
Lawfare Podcast. I'm Justin Sherman, contributing editor at Lawfare
and CEO of Global Cyber Strategies with Winnona Bernsen, non-resident fellow at
the Atlantic Council's Cyber Statecraft Initiative and author of the just
released report “Crash, Exploit and Burn: Securing the Offensive Cyber Supply Chain
to Counter China and Cyberspace.”
Winnona DeSombre Bernsen:
It's statistically more likely that China will have more people in the
offensive security space and in a highly manual field like vulnerability
research, where even though you're producing software, this software does not
necessarily scale. Having more bodies and people and headcount to throw at
offensive cyber should cause policy makers some concern.
Justin Sherman: Today
we're talking about the offensive cyber industry, the private sector and
individual players, the U.S. versus Chinese procurement pipelines, and what it
all means for the future of competition and cybersecurity.
[Main Podcast]
Why don't you start by telling us about yourself? I always ask
this of every guest. And how did you get started in cybersecurity and what are
some of the things you are up to currently?
Winnona DeSombre Bernsen:
Sure. I worked in cyber threat intelligence for five years before heading to
law school. First tracking Chinese nation state threats at Recorded Future,
then at Google. And currently I'm the founder and head of Washington D.C.'s
newest hacker conference, District Con, and I also work of course, for the
Atlantic Council, who published this wonderful paper that you're having me on
for.
Justin Sherman: I'm
glad you mentioned District Con. I was going to plug that.
Winnona DeSombre Bernsen:
Oh.
Justin Sherman: With
that, we can just jump right in. So as you noted, you're the author and as we
heard in the intro of an excellent new report which I encourage folks to check
out, and we will link, as we always do in the show notes titled Crash, in parentheses,
Exploit, and Burn: Securing the Offensive Cyber Supply Chain to Counter China
and Cyberspace.
And again, we'll link it. You can find this on the Atlanta
Council website. Broadly speaking, just to get us started here, what is the
overall premise of this paper?
Winnona DeSombre Bernsen:
Sure. And honestly, Justin, congrats on saying the entire title of the piece. I
know it's kind of a mouthful, but the premise of the paper largely relates to
this renewed call out of D.C., if it's the White House or Congress about cyber
offense, particularly this concept of hacking back the Chinese or CCP hackers,
right?
My approach to this concept is a little bit deeper than that,
which is that if the U.S. actually does want to bolster its cyber offense and
increasingly use offensive cyber operations internationally, do we have the
capabilities in our supply chain to do that? Particularly if the adversary
we're trying to go up against is China?
And so what I try to do that in this paper is illustrate,
either via open-source research or interviews, how the U.S. supplies and
acquires offensive cyber capabilities, focusing in this case on zero days
versus how China supplies and acquires those tools. And when you compare the
two systems up against each other, the answer to that question do we have the
supply chain to really measure up to China and offensive cyber is probably
actually that we don't—at least not to the same scale or just the way that our
processes are currently set up.
Justin Sherman:
Interesting. And you mentioned a few things I, I certainly wanna circle back to.
Let's zoom in a little bit more so in the subtitle-
Winnona Bernsen: Sure.
Justin Sherman: And throughout the report you talk, as
you just referenced about this concept of an offensive cyber supply chain. So
break this down for us a little bit. What is that offensive cyber supply chain
and what are some of its core components?
Winnona DeSombre Bernsen:
Yeah, sure. So there's a couple of different components that go into any cyber
operation. When you're thinking about how to hack someone, you have to figure
out what infrastructure are you conducting your operation from? Is it a server
in the United States that you're using to stage all of this? Or is it somewhere
else?
Are you using malware or are you living off of the land? That's
a concept where you're just using stuff that's on the victim machine rather
than making a user download malware. And do you have someone actually trained
to conduct the operation or to hack into things? All of those parts are
components of a cyber operation, but as I said earlier, the focus of my paper
is on zero-day vulnerabilities and exploits.
For listeners of this podcast and especially your episodes,
Justin, I'm, I'm sure many of these folks are not strangers to what a zero day
is, but for newer listeners: zero-day vulnerabilities are issues or bugs in
software or hardware that are previously unknown to the vendor of that software
or hardware ie, the vendor has had zero days to fix the issue. And so if you
can write code to take advantage of that vulnerability, this results in a zero
day exploit.
And so zero-day exploits are used, you know, famously Stuxnet
had a, a large number of zero days back in the day, plenty of cyber operations
nowadays used zero days especially those conducted by nation states. It's
important to note that you can break into plenty of systems without one.
Especially if people don't install the latest software update. And also there's
always phishing. But a zero day allows an attacker to break into modern
up-to-date systems, which are kind of the ones with strategic value to great
powers like the U.S. or China.
Justin Sherman: I'm
glad you're, you're digging a bit into the zero day. Definition and, and some
of the surrounding concepts. I mean, you mentioned phishing and still the
simple ways that some folks are able to first get into systems, but I wanna
zoom in on the zero day thing because a lot of, a lot of policy discourse and
media discourse and, you know, innumerable terrible Hollywood, you know, cyber
doomsday things on Netflix and such that I, that I don't watch make people
think of zero day exploits as the sort of cyber super weapons. I'm not sure
what the right phrase is, but essentially that you can set off with a click and
it's impossible to stop. And, but as you're noting, at the same time, there is
something to be said there.
And then the second piece I think folks often think of is that
zero days are built by, you know, government hackers. But something that you
explore in this study is that there's in reality a very complex market in the
private sector for the development and sale of these zero days and related
capabilities including to be sold to governments. So talk to us about what that
industry looks like globally for offensive cyber capabilities and who are some
of the major players, maybe some that folks might be familiar with and others
that they are likely unfamiliar with?
Winnona DeSombre Bernsen:
Yeah, for sure. Thanks Justin. I think, oh man, where to start? I think the
biggest thing that people need to understand and it's super easy, kinda like
you said, to imagine a zero day vulnerability or a zero day exploit as like the
closest thing to a cyber weapon, you know, quote unquote, that exists.
But ultimately the zero day market is a billion dollar industry
that sells software. That's ultimately what a zero day exploit is, it's code.
And this code just happens to take advantage of mistakes in commonly used
products. And that's the way that I kind of think about it because it's not
going to be a perfect weapon. You know, potentially there's mistakes in that
software too, or that software isn't entirely reliable. It's not gonna be a
hundred percent accurate because it's all made by like all other software
engineers and hackers.
And going back to your point about this industry not really
being in government, just like in regular software industries, engineers and
hackers don't necessarily really vibe with that culture. They don't necessarily
want to work in a, you know, secure environment or have to put on a military
uniform, especially if they could get paid double, triple out in the private
sector.
So of course there is a huge difference between the engineer
writing zero to exploits and an engineer writing regular software. But the
industry is quite commercialized. You have this enormous system of state like
contractors and private firms, think large prime contractors here in the U.S. defense
industrial base. You also have these spyware firms that are, you know, either
producing zero days in house or purchasing them to then sell on. Think NSO
Group, Paragon, Quadream, all of these Israeli firms that I feel like have been
in the news for the last five years.
And then you also have these huge brokers and marketplaces. So,
firms that act as middlemen to go get a zero day and then sell it onward to
either another middleman or a government. And then underpinning all of this are
smaller subcontractors, startups, and individual hackers. It's a really robust
ecosystem.
Justin Sherman: What
does it take for a business to succeed in this area and to effectively create
and then sell one of these zero day exploits you're talking about?
Winnona DeSombre Bernsen:
That's a great question. So I'll, I'll say creating and selling a zero day are
two almost entirely separate verticals. Fundamentally, when you're creating a
zero day what that requires is talent. You have to be able to find a
vulnerability in a widely used technology product or system. And how you do
that is by looking through the code. And if you think about how much code is in
the newest iPhone or in a Google Pixel or an iMac, that's millions and millions
of lines that somebody is just pouring through and trying to find where
somebody else may have made a mistake.
After maybe you found some sort of bug you have to figure out
like can that bug be exploited in the first place? Can it be exploited reliably
or would it alert the target that something is wrong? Does that exploit only
work on this version of the iPhone or every iPhone all the way back to 2014?
And so that process in itself of creating a zero day or an O-day, as some
people call it, can take, at least nowadays in modern software between six to
18 months to go from nothing to something marketable.
Now, selling is actually where it gets even more complicated.
Now that you have an O-day, you need to know a customer or get in touch with
one, and it's not like you can kind of waltz up to the NSA and go, hi, I have
this fun bug. Would you like to buy it? So if you don't know a government
customer, you'll probably want to find a middleman, which is where things get a
little bit more sketchy because you don't necessarily know who will end up
using your zero day, especially when middlemen sell to other middlemen.
And so you get this weird, murky industry where there's markups
and bugs that are going for crazy prices. And then you have this lack of trust
on the consumer side.
Justin Sherman: To
deviate for just a second, Winona, now that you mention it, you highlighted
some, I found this fascinating in the report specific numbers on what that
markup can look like from the original developer of an zero to exploit to the
middle man, reseller to the end buyer. Can you just tell us what those numbers
are in a little bit of the context there?
Winnona DeSombre Bernsen:
Sure. So with the caveat that this industry is super murky and what I've
reported on is really only likely a sliver of what the global market looks
like. I've had interviews where people have said it's anywhere from double to
triple to 10x the markup.
The quote that I've put into the report specifically is by a
former U.S. government official who states that an individual researcher who
isn't informed on what bugs are selling for might sell a good bug for a hundred
thousand dollars, but by the time it makes it to a customer, that individual
bug could go for 750,000 to even a million dollars.
Justin Sherman: I
just found that fascinating, and I think as we're saying, if we think of these
as highly valuable, as you mentioned. The idea that governments are paying so
much, not necessarily or inherently because it's valuable and difficult to
procure per se, but because of a markup is really, really interesting.
You, you mentioned up top the differences between the
procurement ecosystems in the U.S. and China, so I want to get into this. What
does the U.S. we will go in in order. So
what does the U.S. offensive cyber acquisition pipeline look like? How much of
it is centralized, decentralized, top down? Are, are sellers being responsive
to specific government requests? Is it very entrepreneurial where people are
pitching things proactively? How, how does this ecosystem operate in the United
States?
Winnona DeSombre Bernsen:
So in all of my interviews, it was pretty difficult for me to talk to
individuals about their specific contracts, for good reason many of these
contracts are classified. But I'll break down my answers in terms of supply
first and then acquisition.
On the supply side, multiple Five Eyes, vulnerability research
companies, ie the companies that create and sell zero days have said that they
hire talent not just in other Five Eyes countries, but also from Europe and
South America. And so much of this talent is decentralized in smaller firms.
Some are in, you know, the bigger prime government contractors, but many can be
in tiny companies at comprising of as few as three people. And so from that
perspective, it's really interesting to see how diverse and international and
small business forward a lot of these communities are in.
Then when you look at the acquisition, it's kind of taking that
and turning it completely on its head. U.S. acquisition is neither top down,
nor bottom up, but it's largely people trying to work around a system that you
know is DOD acquisition. It was built for tangible things like bombs or bullets
or trucks and not software. And so the contracting ecosystem, because it's
hyper compliant and requires all of these, you know, different audits does
inherently favor the large prime contractors, and it treats zero days as this
product to be purchased on a schedule.
And that creates these feast or famine contracts where you're
getting a windfall if you get the bug purchased. But that entire time that
you're developing the bug, say for six to 18 months, you may not see any money
because they're treating this product as a one and done piece of code.
I'll also say that it's pretty frustrating to the smaller
businesses because they don't necessarily have that direct line to the
government. And I think the most frustrating part of this is that sometimes
government customers won't even let a seller know what type of bug they want,
which means all the work that a vulnerability research firm might put into
research and productize a bug may turn out to be for nothing.
And this is a point that I really want to hammer hone because I
get asked the question like, oh, who cares, particularly from people who don't
necessarily want governments to acquire zero days, and I get that. But this
particular inefficiency where the government does not tell, you know, people
who are producing cyber weapons for the government, what they want should
bother everybody regardless of whether they're pro-national security or
software security.
Because if you're pro-national security, this is a waste of
government resources. You have someone with talent working on something that
the government doesn't want. But if you're pro-software security, this is
alarming because the government is not telling the seller that they don't want
that bug either. So the seller might just sit on the bug and not tell anybody
about it.
Justin Sherman: All
these market dynamics are instructive. In that vein, you write in the report
that going through layers of middleman to sell to a government, quote may be a
uniquely Western, end quote phenomenon. China analysts posit that the Chinese
government has deliberately created avenues for foreigners to offer bugs to the
Chinese government in a relatively frictionless way.
So how does the offensive procurement ecosystem, if there is
that, that idea that it's frictionless, how does it work in China and what is,
if any, the different approach that the government takes?
Winnona DeSombre Bernsen:
I would say that fundamentally everything is a lot more decentralized in China,
which is kind of ironic considering that they are the country with, of the two,
the more centralized quote unquote planning. But I would argue, and I do argue
in the paper, that China's acquisition processes use decentralized contracting
methods and then also decentralized operations.
On the decentralized contracting methods, over a year ago, I
came on the podcast to talk about the i-Soon leaks, which was this contracting
company that got all of their internal documents leaked online. And in those
leaks, you could actually see that they weren't getting contracts from a particular
centralized organization like the Ministry of State Security, like headquarters
or whatnot They were actually getting them from state, local, and municipal
government branches suggesting that, you know the equivalent of an FBI field
office out in Pittsburgh could be doing the contracting requirements for
getting zero days.
The other aspect of this is that these companies weren't just
providing the zero days they were using them. They were actively conducting
operations on behalf of the Chinese state. And that provides a company with a
ton of freedom to be able to get access to systems however way they want, use
cyber capabilities however way they want, in a way that doesn't have the same
restrictions and, you know, abiding by international law and norms that the,
the U.S. might have.
And that doesn't even mention all of the different regulations
that makes multinational corporations or other domestic firms unwilling
vulnerability providers or reluctant vulnerability providers to the CCP.
Justin Sherman:
That's a great segue because many people in the West, especially these days,
tend to talk about China, I mean, I have this similar complainant about Russia
discourse, you know, China in a way that
characterizes it, the country writ large, as very top down sometimes. Or maybe
not that specific firms could be coerced by the state, but that they're
constantly working for the state.
So how would you characterize the relationships between different
white hat hackers in China and the government, different private sector cyber
companies in China and the government? How integrated, if at all, are those
relationships when it comes to vulnerability discovery and exploit development?
And are there places where folks might be surprised to hear that there isn't,
you know, is or is not state interaction and influence?
Winnona DeSombre Bernsen:
That's a great question. Justin and I hesitate to give a good answer to it,
only because if you flipped that on its head and said, oh well, like Winona,
can you describe, you know, how hackers interact with the government from the Five
Eyes? There's never going to be an answer that like really encapsulates the
entire community. Right? So I hesitate to, to use such a broad brush.
But what I'll say is that, and going back to the original
question that you had asked me previously, this frictionless manner has less to
do with the relationship between the hacker and the state and more about like
writ large and more about the number of avenues that the Chinese state has for
a hacker who, you know, excited or reluctant or otherwise is providing these
services or products to the Chinese government.
It's definitely easier and more resourced to do and get into
offensive security in China in a lot of ways. There's a lot of state sponsored
catch the flag teams or live hacking events or offensive security programs in
universities and grad schools. There's also a lot of funding of vulnerability
research teams under big state sponsored or, or state owned enterprises and,
and large Chinese tech firms. So the resourcing is there, the avenues are
there.
What I'll say about the international hacker community and, and
the Chinese hacker community at least based off of the limited interactions
that I've personally had at, at hacker cons and otherwise, is that hackers are
far more similar than they are different, and I, I say this in the report.
There's three large reasons why people would want to stay in vulnerability
research.
One is profit. Like we talked about, the, the profit margins
for some of these bugs and exploits are, are quite large, even if you are
potentially in a feast or famine contract cycle. The second is, you know,
patriotism, motivation, mission. Obviously there will be hackers in the Five
Eyes or hackers in the Chinese government who truly do care about serving their
country.
And then the last one, which I think is, is pretty universal,
is this act of really considering vulnerability research and exploitation as
this art where it's a complex thing that's really cool to, to be able to have
the power to do, and there are plenty of vulnerability researchers
internationally that will appreciate the work of another researcher in a
different country while knowing that the two of them may never meet or be able
to work together because of geopolitics. It's a field that like other sciences
appreciates the work despite the inconvenient truth of geostrategic relations.
Justin Sherman: And I
appreciate even the context on the way I framed it, which as you said in part
sort of notes that there's no one model. So if we look then, now that we have a
picture of what the ecosystem looks like in the U.S. and China respectively, if
we compare the two, including with the acquisition process, are there major
differences in how the two governments balance stealth and speed and
flexibility in offensive cyber procurement?
Winnona DeSombre Bernsen:
Oh, for sure. And, and the reason for that, I think, is because these models
showcase the underlying values and priorities of the, the respective nations,
right? So the U.S. is definitely more focused on defense and prioritizes high
levels of trust and stealth.
So if you think about the U.S.'s cybersecurity talent pipeline,
a lot of it is geared towards defensive jobs. You see the ONCD cyber talent
report that came out in the Biden administration. You see this like huge bug
bounty community having better cybersecurity budgets out of CISA, DHS, all of
that tailoring to defense.
We also, when we do offense, have this vulnerabilities equities
process, which while imperfect is more than what certain other countries have,
right? For, for those of whom aren't aware, anytime the U.S. acquires or, or
creates a vulnerability there's an interagency process that determines whether
or not they're going to disclose it or use it. Which has agencies both from
defensive and offensive sides of, of the table come together.
There's also long procurement timelines from the U.S. and high
quality assurance requirements because they're treating these offensive tools
as, as bespoke high sensitivity items. They don't wanna get caught when
they're, they're doing these cyber operations, right?
And ultimately I would say that a huge thing about the U.S. is
that these policy priorities show that the U.S. has a lot to lose from an
economic perspective if they're caught breaking into their own U.S. tech firms
and products. And, and this is pretty obvious in the mobile market where
Android, I think is on 71% of all mobile phones globally and iOS is on 28% of
all phones globally, which means that 99% of the global mobile market is made
by U.S. tech firms.
So the U.S. government inherently does not really want to be
caught breaking into their own tech companies, and they also don't want that to
have an economic detriment on the global markets. So that's the U.S. side.
But when you think about China. China does not have those same
market caps. If you think about the global market caps, Huawei, I think only
makes up 4% of the global smartphone market at least based off of, of data from
a couple years back. And their policy priorities clearly showcase a desire for
offense.
You see the decentralized procurement allowing a wider array of
researchers and contractors to do this sort of work. The regulations that pull
Chinese companies towards forced disclosure or partnership of vulnerabilities.
And then the offensive operations being broader and faster, sometimes at the
expense of deniability. The Chinese government doesn't necessarily care about
getting caught. And so you see these two separate models that inherently showcase
why we're valuing certain things in cyberspace.
Justin Sherman: In
your mind, what are the biggest national security or cybersecurity or policy
broadly issues that China's offensive cyber pipeline raises for the United
States?
Winnona DeSombre Bernsen:
I think, and this is kind of a common theme throughout this discussion, that
the issue is really scale.
I really like this fact a lot. China produces every year more
STEM grads than the United States produces college grads. Fundamentally, from a
population perspective, it's statistically more likely that China will have
more people in the offensive security space. And in a highly manual field like
vulnerability research, where even though you're producing software, this
software does not necessarily scale, having more bodies and people and
headcount to throw at offensive cyber should cause policymakers some concern.
On top of that, I write in the report that China's already
working to integrate artificial intelligence into its exploit discovery and
offensive operations, which means that they might have at some point very soon
down the line, a breakthrough where they can create offensive operations that
do scale, create zero-day exploits that do scale.
And finally, even with this enormous pipeline of supply,
they're continuing to reach out of their domestic sphere of influence more into
East Asia and the Middle East, to not only get more researchers, but to show
other countries that this model, that this model of prioritizing national
security and cyber operations in their wider ecosystem works.
And I think that this type of scale and showcasing to the
international community is, is quite concerning, especially as, as we're trying
to put forward more responsible cyber stakeholdership, not just through the
United States, but also within the Five Eyes, and the EU, and, and reaching out
into East Asia ourselves.
Justin Sherman: Let's
end with some of your recommendations. You highlight that the U.S. procurement
pipeline is more or less dominated, you mentioned this earlier by large prime
contractors. And that it can, as in other areas, be difficult sometimes for a
small business or an individual to compete. How might we fix this contracting
system, both in an ideal world and then in terms of what you think can be
practically done in the short term?
Winnona DeSombre Bernsen:
Justin, are you asking me to fix the, the DOD contracting system?
Justin Sherman: Pretty
much. In, in one to two sentences would be good. Thank you.
Winnona DeSombre Bernsen:
Yeah, sure.
Justin Sherman:
Great.
Winnona DeSombre Bernsen:
Cool, cool, cool, cool. So I think the overarching recommendation that I really
do have is, while it's pretty much impossible to overhaul our, our U.S.
government contracting system, there are ways to fix this pipeline that adheres
to our values.
And I think that's the common theme here. Because we don't
necessarily want to change the way that we prioritize economic security and
international norms and making our allies know that we care about them. We can
do things that don't tie our hands in the offensive security space while still
adhering to the things that we hold dear.
So I, I list a quite a few recommendations in the report, but I
think the, the three big things would be creating accelerator programs for
vulnerability research. Accelerator programs exist for software. We have the
model, DIU does this all the time, so does SCO. Like, taking a model for more
enterprise software and moving it towards vulnerability research is something
that would provide these smaller firms, the resources to continue to be in this
space.
The second would be protecting and supporting security research
in general. Especially when these bespoke cyber capabilities are created by a
finite pool of international talent. We don't necessarily want them to be
worried about lawsuits or, you know, the threat of being arrested, especially
if they're being contacted by foreign intelligence, for example. Which has
happened not just by China, but also I think very famously, North Korea has
been reaching out to a lot of U.S. vulnerability researchers and trying to
steal their wares.
And then the last thing would be just being more open and
transparent as a government about how or what vulnerabilities should be
acquired or, or sold. The fact that this inefficiency comes from all of this
cloak and dagger around vulnerability research and around this industry is kind
of needless, to some extent. Obviously there's some security requirements and,
and people want to, to know that they are working with trusted parties. That
makes sense. But human rights organizations have been pushing for more
transparency for years, and, and no one has really talked about the amount of
money we're wasting by keeping this concept a secret.
Justin Sherman: And
when it comes to vulnerability research and the changes that you recommend in
the paper for the U.S. approach, are there risks if we focus on China as the
competitor in intentionally or unintentionally adopting any tendencies that
could actually be detrimental to the U.S. cybersecurity and ethical independent
hacker ecosystem?
Winnona DeSombre Bernsen:
Oh yeah, for sure. And I think this goes back to, you know, abiding by our
values while finding ways to make this more efficient. Right. I think
ultimately the act of vulnerability research is a necessary good. And I, I know
that there are people who will disagree with me.
And also the fact that U.S. has a defensive focus funnel is
also good. We want people to trust U.S. products in the international market,
right? I think there is this temptation here to start thinking about, okay, can
we mandate bugs or, or can we create backdoor laws or you know, prevent technology
firms from fixing their products. I think that's definitely not the route that
we should go down.
Instead, talking about how the U.S. and Five Eyes are doing
offensive hacking and using sunlight as a disinfectant is the antithesis to,
you know, the rigid regulatory mandate approach that China is using.
Justin Sherman: You
also mentioned the counterintelligence issues associated with foreign
governments trying to recruit really bright independent hackers and
technologists, both winning and unwitting.
How can the U.S. government but maybe also the hacker
community, I'm not sure how, how can we better support, support those hackers
who, who might independently decide that they do want maybe some guidance or
some tips or something like that to mitigate the risk that, you know, someone
comes up to them at an overseas CTF, capture the flag competition?
Winnona DeSombre Bernsen:
Yeah, that's such a great question. I'll say for all of the hackers listening
in on this call, if somebody approaches you and says that they work for
ex-government and they want to buy your bug, especially if it's the U.S.
government, ask to meet them in the embassy. I feel like that's like a pretty
calm way of either shutting down the situation because they're not actually who
they say they are. Or then you like know for sure that they are who they say
they are, right?
From a U.S. government side, vulnerability researchers in the
private sector actually already use companies or funds like the Security Research
Legal Defense Fund to defend themselves from lawsuits that seek to chill their
research.
And the basis of that actually comes from a DOJ guidance or, or
policy opinion where the DOJ said, hey, you know, if it's good faith security
research, we're not going to prosecute or you could use it as a, a solid
defense. And I think there are, are moves, at least in the private sector to
try and get that exception codified in the CFAA, which is the, the U.S.
Computer Fraud Abuse Act, primary anti-hacking law.
I'll say that there is already a national security exception in
the CFAA, a little known Section 1030(f) that has not yet been tested in the
courts or in any sort of public document that I've been able to find. And
potentially having the DOJ issue certain guidance around, you know, what is protected
national security research, are you a company that provides these services to
the United States government, is a, a possible avenue to explore.
But that doesn't necessarily solve the, the foreign
intelligence issue, right? That's only if you accidentally get caught up within
U.S. law or get sued by a U.S. company.
On the counterintelligence issue, I think it's really important
for the FBI or CISA to be able to have some sort of hotline to provide
resources. I think the fact that Google was one of the first companies to come
out and say, hey, the North Koreans are targeting security researchers. And
then to have the government pretty silent on it was pretty chilling to the
wider security research community where ultimately the U.S. government at the
time effectively signaled sure you can provide these services that are crucial
to our national security, but we're not going to help you if even the hermit
kingdom decides to go after you.
I think that that's something that the U.S. government should
change, especially if they want to support this sort of research.
Justin Sherman:
Certainly, and I incidentally was watching some communiqué earlier built for
businesses generally just to be aware of, you know, nation state issues and,
and so that's, those are all helpful recommendations.
One of the last things you, you mentioned is recommendations to
limit China's access to some of these offensive cyber capabilities, while
ensuring the United States has continued access to the right talent. I'm
wondering if you could explain to us how you think the United States government
and and country generally can make that happen.
Winnona DeSombre Bernsen:
Oh, saving the spiciest question for last Justin. I'll say that in 2017, Qihoo
360, or the, the CEO at the time of Qihoo 360, which is currently on our U.S.
government entities list, stated that vulnerabilities are now a national
strategic resource. And I think that the U.S. government is only really now in
the year 2025 catching up and, and realizing that that is the case.
And so we are in a little bit of a disadvantage just from a
temporal perspective. We're eight years behind. And so at this point Chinese
firms, Chinese vulnerability researchers, Chinese offensive security
conferences are already reaching out to the international community and saying,
hey, come work with us, come work with us.
Which is kind of interesting when you think about the fact that
there's only a couple of thousand people who are really in this game and in
this industry seriously, and only probably in the low hundreds of people who
can do this job really well. And so the U.S. government should be cooperating
with allies to work with some of the best minds in East Asia, in South America,
in Europe.
I mean, if, if we're thinking about China's backyard, South
Korea, Singapore, Thailand, all of these countries have phenomenal CTF players,
researcher, bug bounty contributors. And shielding those up and coming talents
from the regulatory pipeline of the Chinese intelligence apparatus, I think
will be crucial to maintaining a long-term competitive advantage.
And, and this doesn't have to be on the U.S. right? We are in a
Five Eyes Alliance. We are going through the Pall Mall process with the U.K.
and France. Creating diplomatic programs potentially through any of these
avenues or with these other countries focusing on technical talent exchange and
industry-wide collaboration would also be an avenue. And I would be remiss to
not talk about how AI security research is also going to need to be under this
umbrella, particularly as AI enabled offense becomes more prevalent.
I'll also add this one last tidbit, which I found interesting
from the i-Soon leaks and then also with interviews with China analysts and
that is that the Chinese government deliberately depresses payment of
vulnerabilities. Instead of the U.S. model which by contrast has huge, huge
margins. So at least, you know, for hackers who may be listening to the law
firm podcast out in Asia, like, we'll pay you better.
That, that's probably my rallying cry though to, to the
government is to. Treat these hackers like the strategic resources that we are
and to appreciate the work because this is the work that underpins what a cyber
power can do.
Justin Sherman:
That's all the time we have. Winnona, thank you for coming on.
Winnona DeSombre Bernsen:
Thank you so much for having me.
Justin Sherman: The Lawfare
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