Senate Intelligence Committee releases first volume of its investigation into Russian election hacking

The Senate Select Committee on Intelligence today released the first volume of its bipartisan investigation into Russia’s attempts to interfere with the 2016 U.S. elections.

Helmed by Select Committee Chairman Richard Burr, the Republican from North Carolina, and Virginia Democratic Senator Mark Warner, who serves as Vice Chairman, the committee’s report Russian Efforts Against Election Infrastructure,” details the unclassified summary findings on election security. 

Through two and a half years the committee has held 15 open hearings, interviewed over 200 witnesses, and reviewed nearly 400,000 documents, according to a statement and will be publishing other volumes from its investigation over the next year. 

“In 2016, the U.S. was unprepared at all levels of government for a concerted attack from a determined foreign adversary on our election infrastructure. Since then, we have learned much more about the nature of Russia’s cyber activities and better understand the real and urgent threat they pose,” Committee Chairman Burr said in a statement. “The Department of Homeland Security and state and local elections officials have dramatically changed how they approach election security, working together to bridge gaps in information sharing and shore up vulnerabilities.”

Both Sen. Burr and Sen. Warner said that additional steps still needed to be taken.

“[There’s] still much more we can and must do to protect our elections. I hope the bipartisan findings and recommendations outlined in this report will underscore to the White House and all of our colleagues, regardless of political party, that this threat remains urgent, and we have a responsibility to defend our democracy against it.”

Among the Committee’s findings were that Russian hackers exploited the seams between federal and state authorities. State election officials, the report found were not sufficiently warned or prepared to handle an attack from a state actor.

The warnings that were provided by the Federal Bureau of Investigation and the Department of Homeland Security weren’t detailed enough nor did they contain enough relevant information that would have encouraged the states to take threats more seriously, the report indicated.

 More work still needs to be done, according to the Committee. DHS needs to coordinate its efforts with state officials much more closely. But states need to do more as well to ensure that new voting machines have a voter-verified paper trail. 

So does Congress. The committee report underscores that Congress need to evaluate the results of the $380 million in state security grants which were issued under the Help America Vote Act and ensure that additional funding is available to address any security gaps in voting systems and technologies around the U.S.

Finally, the U.S. needs to create more appropriate deterrence mechanisms to enable the country to respond effectively to cyber attacks on elections.

The Committee’s support for greater spending on election security and refining electoral policy to ensure safe and secure access to the ballot, comes as Senate majority leader, Mitch McConnell of Kentucky has blocked two election security measures that were attempting to come before the Senate floor for a vote.

New York Democratic Senator Chuck Schumer, tried to get consent to pass a House bill that requires the use of paper ballots and included new funding for the Election Assistance Commission.

In a statement explaining his rejection of the Bill, McConnell told The Hill, “Clearly this request is not a serious effort to make a law. Clearly something so partisan that it only received one single solitary Republican vote in the House is not going to travel through the Senate by unanimous consent.”

McConnell also rejected a consent motion to pass legislation that would require that candidates, campaign officials, and family members to reach out to the FBI if they received offers of assistance from foreign governments.

Russian indictments show that the U.S. needs federal oversight of election security

President Trump’s Helsinki summit with Vladimir Putin, on the heels of twelve Russian intelligence officials indicted for hacking the 2016 election, made it clear that this administration has zero commitment to protect our elections from future Russian attacks.

These events should remind us of an alarming fact we can no longer afford to ignore: our elections are not secure.

As a nation, we underfund and neglect election security. So, much like our aging infrastructure, our election infrastructure is severely outdated and crumbling before our eyes.

Unfortunately, in today’s hyper-partisan environment, even concerns over election security are divided along party lines. Case in point: after his trip to Russia last week, Republican Senator Ron Johnson declared “It’s very difficult to really meddle in our elections. It just is.”

To effectively safeguard our elections, we need to consider yet another conservative taboo: the federal government should have more power in setting election security standards. Our current decentralized, disjointed state-based system is no longer adequate for protecting our elections against foreign interference in the 21st century.

TechCrunch/Bryce Durbin

Right now, the federal government plays a very limited role in the oversight of election security. The Election Assistance Commission and Department of Homeland Security offer optional resources and issue non-binding guidelines for best practices, and states are free to come up with their own standards as they please. The results, unsurprisingly, are abysmal.

In 2016, for example, over two-thirds of all counties in the U.S. used voting machines that were over a decade old. Many machine used outdated softwares and ran in absurdly old operating systems such as Windows 2000. Thirteen states still use machines that are completely electronic, which makes themprone to glitches, and with no paper trails, the results cannot be audited.

Many experts have pointed out that our current machines could be hacked in a matter of minutes. Recently, a 14 year-old participant at DefCon breached a voting machine in 90 minutes, and was able to change the vote tally in the machine remotely, from anywhere.

Besides the machines, there are other major vulnerabilities in many states’ election security standards that would make hacking our elections a breeze for the Russians. Our voter registration databases are outdated and prone to infiltration. Many states have no post-election auditing requirements at all, and those that do are often insufficient, severely undermining our ability to identify and correct an attack.

While federalizing election security has long been castigated as an infringement of state rights, politicians are beginning to acknowledge its necessity. Senator Ron Wyden, for instance, recently introduced The Protecting American Votes and Elections Act of 2018, whichwould require every state to use election machines with paper ballots and mandate risk-limiting post-election audits (the “gold standard” of election auditing).

As Wyden argues: “Americans don’t expect states, much less county officials, to fight America’s wars. The Russians have attacked our election infrastructure and leaving our defenses to states and local entities, in my view, is not an adequate response. Our country needs baseline, mandatory, federal election security standards.”

TechCrunch/Bryce Durbin

Rather than providing concrete solutions, this Republican Congress continues to pretend that all of our election security problems can be solved by tiny, poorly designed federal grant programs alone. In this year’s omnibus spending bill, a bipartisan compromise provided a meager, but much needed $380 million federal grant to states for strengthening election security ahead of the 2018 election. However, the effectiveness of this grant is questionable, given it was earmarked for broad purposes and allocated by a formula that is not competitive or need-based.

Worse still, since states are not required to spend the federal grant allocated to them, some stateshave not even applied to collect their shares. Several state governments are impeding the use of this grant through a combination of delayed action and inaction. For example, Florida’s Republican-led state legislature has refused to authorize their election officials to use the grant before the 2018 election, even when the state is in desperate need for more election security funding.

While inadequate funding is a serious concern that needs to be addressed — House Democrats estimated that we will need $1.4 billion over the next decade to bring our entire election system in line with best practices — increasing federal grants alone would not be enough to secure elections in every state. The Secure Elections Act, a bill currently with the most broad-based, bipartisan support, will provide much needed federal funding to make up for the current shortfall, but as with this year’s federal grant, there is no guarantee states would use the funding in a timely and effective fashion — or at all — given state participation will remain voluntary under this bill.

Our representative democracy cannot survive if we fail to preserve the fairness and integrity of our elections. While it’s too late to implement binding federal guidelines to secure the 2018 midterm, we should accept nothing less for the 2020 presidential election, as we can be certain the Russians will hack that election in order to help their preferred candidate, yet again.

Too many states have proven they are unwilling to take election security seriously. It’s time for the federal government to step in.