https://news.yahoo.com/secret-trump-order-gives-cia-more-powers-to-launch-cyberattacks-090015219.html

Exclusive: Secret Trump order gives CIA more powers to launch cyberattacks

[Zach Dorfman, Kim Zetter, Jenna McLaughlin and Sean D. 
Naylor](https://www.yahoo.com/author/zach-dorfman-kim-zetter-jenna)
,
[Yahoo News](https://news.yahoo.com/)•July 15, 2020

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The Central Intelligence Agency has conducted a series of covert cyber 
operations against Iran and other targets since winning a secret victory in 
2018 when President Trump signed what amounts to a sweeping authorization for 
such activities, according to former U.S. officials with direct knowledge of 
the matter.

The secret authorization, known as a presidential finding, gives the spy agency 
more freedom in both the kinds of operations it conducts and who it targets, 
undoing many restrictions that had been in place under prior administrations. 
The finding allows the CIA to more easily authorize its own covert cyber 
operations, rather than requiring the agency to get approval from the White 
House.

Unlike previous presidential findings that have focused on a specific foreign 
policy objective or outcome — such as preventing Iran from becoming a nuclear 
power — this directive, driven by the National Security Council and crafted by 
the CIA, focuses more broadly on a capability: covert action in cyberspace.

The “very aggressive” finding “gave the agency very specific authorities to 
really take the fight offensively to a handful of adversarial countries,” said 
a former U.S. government official. These countries include Russia, China, Iran 
and North Korea — which are mentioned directly in the document — but the 
finding potentially applies to others as well, according to another former 
official. “The White House wanted a vehicle to strike back,” said the second 
former official. “And this was the way to do it.”

[President Trump and the CIA. (Photo illustration: Yahoo News; photos: AP(3), 
Getty Images)]President Trump and the CIA. (Photo illustration: Yahoo News; 
photos: AP(3), Getty Images)

The CIA’s new powers are not about hacking to collect intelligence. Instead, 
they open the way for the agency to launch offensive cyber operations with the 
aim of producing disruption — like cutting off electricity or compromising an 
intelligence operation by dumping documents online — as well as destruction, 
similar to [the U.S.-Israeli 2009 Stuxnet 
attack](https://news.yahoo.com/revealed-how-a-secret-dutch-mole-aided-the-us-israeli-stuxnet-cyber-attack-on-iran-160026018.html),
 which destroyed centrifuges that Iran used to enrich uranium gas for its 
nuclear program.

The finding has made it easier for the CIA to damage adversaries’ critical 
infrastructure, such as petrochemical plants, and to engage in the kind of 
hack-and-dump operations that Russian hackers and WikiLeaks popularized, in 
which tranches of stolen documents or data are leaked to journalists or posted 
on the internet. It has also freed the agency to conduct disruptive operations 
against organizations that were largely off limits previously, such as banks 
and other financial institutions.

Another key change with the finding is it lessened the evidentiary requirements 
that limited the CIA’s ability to conduct covert cyber operations against 
entities like media organizations, charities, religious institutions or 
businesses believed to be working on behalf of adversaries’ foreign 
intelligence services, as well as individuals affiliated with these 
organizations, according to former officials.

“Before, you would need years of signals and dozens of pages of intelligence to 
show that this thing is a de facto arm of the government,” a former official 
told Yahoo News. Now, “as long as you can show that it vaguely looks like the 
charity is working on behalf of that government, then you’re good.”

The CIA has wasted no time in exercising the new freedoms won under Trump. 
Since the finding was signed two years ago, the agency has carried out at least 
a dozen operations that were on its wish list, according to this former 
official. “This has been a combination of destructive things — stuff is on fire 
and exploding — and also public dissemination of data: leaking or things that 
look like leaking.”

Some CIA officials greeted the new finding as a needed reform that allows the 
agency to act more nimbly. “People were doing backflips in the hallways [when 
it was signed],” said another former U.S. official.

But critics, including some former U.S. officials, see a potentially dangerous 
attenuation of intelligence oversight, which could have unintended consequences 
and even put people’s lives at risk, according to former officials.

The involvement of U.S. intelligence agencies in hack-and-dump activities also 
raises uncomfortable comparisons for some former officials. “Our government is 
basically turning into f****ing WikiLeaks, [using] secure communications on the 
dark web with dissidents, hacking and dumping,” said one such former official.

The CIA declined to comment or respond to an extensive list of questions from 
Yahoo News. The National Security Council did not respond to multiple written 
requests for comment.

While the CIA has been pushing for years to expand its cyber authorities, 
Russia’s interference in the 2016 election led Obama officials to [grasp for 
new ways to retaliate against the 
Kremlin](https://www.washingtonpost.com/graphics/2017/world/national-security/obama-putin-election-hacking/).
 High-level discussions included proposals for the CIA to dump embarrassing 
hacked information about Russian officials online, as well as to destroy 
Russian servers, according to former officials.

But just days away from launching operations in the late summer of 2016, 
intelligence operatives [were told to stand 
down](https://www.yahoo.com/news/stand-obama-team-blew-response-russian-meddling-100024634.html),
 according to former officials. The decision to do so was made at the highest 
levels of the Obama administration, according to a former senior national 
security official.

During the early days of the Trump administration, intelligence officials were 
hopeful that the president would give the go-ahead to those operations. But 
senior Trump officials weren’t interested in retaliating against Russia for the 
election interference, according to a former official. “It was radio silence,” 
the former official said. “It all dissipated, went to nothing.”

While plans for immediate cyber retaliation against Russia faded, discussions 
about expanding the CIA’s cyber authorities continued to accelerate under 
Trump. For years, the CIA had bristled under what some intelligence officials 
considered onerous barriers to covert action in cyberspace that prevented it 
from even proposing many operations, according to former officials.

When it came to covert action, “you always had the two camps [inside the CIA],” 
said Robert Eatinger, who served at the CIA for 24 years, including a stint as 
the agency’s top lawyer. There were “those who felt that their hands were too 
tied, and those who felt the restrictions were wise and appropriate,” recalled 
Eatinger, who said he has no knowledge of the CIA cyber finding signed by Trump 
and wouldn’t discuss specific incidents that occurred during his time with the 
agency.

Advocates for greater cyber authorities gained the upper hand in these debates 
under the Trump administration, which encouraged the CIA to stretch its prior 
authorities to pursue more aggressive offensive cyber operations — particularly 
against Iran. “Trump wanted to push decision making to the lowest possible 
denominator,” said a former intelligence official.

Mike Pompeo made that point clear after Trump made him CIA director in January 
2017. Pompeo’s message, the former official said, was: “We don’t want to hold 
you up, we want to move, move, move.”

A current senior intelligence official, who declined to discuss specific U.S. 
government operations or policies, called Trump-era interest in offensive 
operations “phenomenal.” The CIA, the National Security Agency and the Pentagon 
“have been able to play like we should be playing in the last couple years,” 
the current official said.

John Bolton’s appointment as national security adviser in April 2018 gave 
another boost to those seeking to ease restrictions on cyber operations. “We 
needed to scrap the Obama-era rules and replace them with a more agile, 
expeditious decision-making structure,” Bolton writes in his recently published 
memoir, “The Room Where It Happened.” Part of this involved strengthening the 
U.S. government’s “clandestine capabilities” in cyberspace against “nonstate 
actors” and others, he writes.

In September 2018, Bolton announced that Trump had signed a presidential 
directive [easing Obama-era 
rules](https://www.washingtonpost.com/world/national-security/trump-authorizes-offensive-cyber-operations-to-deter-foreign-adversaries-bolton-says/2018/09/20/b5880578-bd0b-11e8-b7d2-0773aa1e33da_story.html)
 governing military cyber operations. Although the administration disclosed the 
existence of that directive — known as National Security Presidential 
Memorandum 13 — the underlying rules of engagement for military cyber 
operations remain secret. The administration also kept secret the CIA finding, 
which gave the agency its new authorities.

The CIA’s new cyber powers prompted concerns among some officials. “Trump came 
in and way overcorrected,” said a former official. Covert cyber operations that 
in the past would have been rigorously vetted through the NSC, with sometimes 
years-long gaps between formulation and execution, now go “from idea to 
approval in weeks,” said the former official.

Former officials declined to speak in detail about cyber operations the CIA has 
carried out as a result of the finding, but they said the agency has already 
conducted covert hack-and-dump actions aimed at both Iran and Russia.

For example, the CIA has dumped information online about an ostensibly 
independent Russian company that was “doing work for Russian intelligence 
services,” said a former official. While the former official declined to be 
more specific, BBC Russia reported [in July 
2019](https://www.bbc.com/russian/features-49050982) that hackers had breached 
the network of SyTech, a company that does work for the FSB, Russia’s domestic 
spy agency, and stolen about 7.5 terabytes of data; the data from that hack was 
[passed to media 
organizations](https://www.forbes.com/sites/zakdoffman/2020/03/21/putins-secret-intelligence-agency-hacked-dangerous-new-cyber-weapons-target-your-devices/#2e712396778a).

In another stunning hack-and-dump operation, an unknown group in March 2019 
posted on the internet chat platform Telegram the names, addresses, phone 
numbers and photos of Iranian intelligence officers allegedly involved in 
hacking operations, as well as hacking tools used by Iranian intelligence 
operatives. That November, the details of 15 million debit cards for customers 
of three Iranian banks linked to Iran’s Islamic Revolutionary Guard Corps were 
also dumped on Telegram.

Although sources wouldn’t say if the CIA was behind those Iran breaches, the 
finding’s expansion of CIA authorities to target financial institutions, such 
as an operation to leak bank card data, represents a significant escalation in 
U.S. cyber operations. Under prior administrations, senior Treasury Department 
officials argued successfully against leaking or wiping out banking data, 
according to former officials, because it could destabilize the global 
financial system. These were operations the “CIA always knew were an option, 
but were always a bridge too far," said a former official. “They had been 
bandied about at senior levels for a long time, but cooler heads had always 
prevailed."

The new cyber finding further emboldened the CIA’s operations against Iran, 
according to former officials. Even before Trump signed the directive, 
administration officials were already encouraging the CIA to aggressively 
interpret preexisting secret Iran-related authorities to help prosecute the 
administration’s “maximum pressure” campaign against Tehran. Using the Cold War 
strategy of rolling back the Soviet Union as inspiration, senior Trump national 
security officials believed that destabilizing Iran within its borders would 
force the regime to cease its adventurism abroad and, perhaps, collapse.

The maximum-pressure campaign includes punishing economic sanctions, but has 
also involved CIA cyberattacks on Iranian infrastructure, said former 
officials. “It was obvious that destabilization was the plan on Iran,” said one 
former official, and Trump administration officials were eager to have the CIA 
conduct destructive cyber operations against targets inside that country. 
Bolton “wanted another tool, he wanted another hammer. He was looking at 
Stuxnet and how to be mean to Iran, so that was probably attractive to him,” 
said another source.

The Trump administration was able to lean on extensive legal powers for covert 
action against the Islamic Republic that were already on the books, including a 
presidential finding dating back at least to the early 2000s devoted to 
counterproliferation — in other words, preventing a nuclear-armed Iran, 
according to former officials. Another long-standing Iran-focused presidential 
finding authorizes the CIA to counter Tehran’s influence in the Middle East, in 
particular by combating Iran’s Islamic Revolutionary Guard Corps and by 
supporting groups in the region opposed to the regime, according to former U.S. 
officials.

Neither these two Iran-related findings, nor the new cyber finding, mention 
regime change as a stated goal, according to former officials. Over time, 
however, the CIA and other national security officials have interpreted the 
first two Iran findings increasingly broadly, with covert activities evolving 
from their narrow focus on stopping Tehran’s nuclear program, they said. The 
Iran findings have been subject to “classic mission creep,” said one former 
official.

Fatigue from having to continually beat back Iran’s nuclear progress gradually 
led U.S. officials to take an even more aggressive approach that began to 
resemble a regime change strategy, according to former officials. The thinking 
became “If we can impact the regime, then no bomb,” said another former 
official. “We’re playing semantics — destabilization is functionally the same 
thing as regime change. It’s a deniability issue,” the former official said.

While the CIA’s new powers expand the agency’s ability to target Iran and other 
foreign adversaries, they also present potential pitfalls, according to former 
officials. The CIA and the Pentagon have long tussled over authorities in 
cyberspace, and these coordination issues will only become more critical now, 
according to former officials — especially when U.S. military operatives online 
unknowingly run up against their counterparts from the CIA.

“If you’re doing something on someone’s network and you have friendly forces 
also on the network, you don’t want to have fratricide,” said a former senior 
military intelligence official. Even inside the U.S. intelligence community, 
the CIA has a reputation for secrecy, according to former officials. The CIA’s 
“deconfliction is poor, they’re not keeping people in the loop on what their 
cyber operations are,” said another former official.

Some former officials even worry about the oversight of cyber operations within 
the CIA. Agency cyber operatives “weren’t always transparent” about their 
activities, said a former senior official. “It was a problem. There were times 
I was surprised.”

This more permissive environment may also intensify concerns about the CIA’s 
ability to secure its hacking arsenal. In 2017, WikiLeaks published a large 
cache of CIA hacking tools known as “Vault 7.” The leak, which a partially 
declassified [CIA 
assessment](https://www.washingtonpost.com/national-security/elite-cia-unit-that-developed-hacking-tools-failed-to-secure-its-own-systems-allowing-massive-leak-an-internal-report-found/2020/06/15/502e3456-ae9d-11ea-8f56-63f38c990077_story.html)
 called “the largest data loss in CIA history,” was made possible by “woefully 
lax” security practices at the CIA’s top hacker unit, the assessment said.

Eatinger, the former top CIA attorney, who retired in 2015, said it’s unclear 
to him whether the new cyber finding would be a return to the agency’s more 
freewheeling days of the 1980s, or something that goes even further. Either 
way, it’s a “big deal,” he said.

Removing NSC oversight of covert operations is a significant departure from 
recent history, according to Eatinger. “I would look at the intel community as 
the same as the military in that there should be civilian control of big 
decisions — who to go to war against, who to launch an attack against, who to 
fight a particular battle,” he said. “It makes sense that you would have that 
kind of civilian or non-intelligence civilian leadership for activities as 
sensitive as covert action.”

Regardless, these expansive new cyber powers may become a lasting legacy of the 
Trump administration, solidifying the greater role the CIA has long coveted in 
a key arena, and providing the agency with authorities it has desired for three 
presidential administrations.

“People thought, ‘Hey, George W. Bush will sign this,’ but he didn’t,” said a 
former official. CIA officials then believed, “‘Obama will sign it.’ Then he 
didn’t.”

“Then Trump came in, and CIA thought he wouldn’t sign,” recalled this official. 
“But he did.”

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