Corin Stone, Washington College of Law

Corin Stone is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law.  Stone is on leave from the Office of the Director of National Intelligence (ODNI) where, until August 2020, she served as the Deputy Director of National Intelligence for Strategy & Engagement, leading Intelligence Community (IC) initiatives on artificial intelligence, among other key responsibilities. From 2014-2017, Ms. Stone served as the Executive Director of the National Security Agency (NSA).

(Editor’s Note: This article was first published by our friends at Just Security and is the third in a series that is diving into the foundational barriers to the broad integration of AI in the IC – culture, budget, acquisition, risk, and oversight.)

OPINION — As I have written earlier, there is widespread bipartisan support for radically improving the nation’s ability to take advantage of artificial intelligence (AI). For the Intelligence Community (IC), that means using AI to more quickly, easily, and accurately analyze increasing volumes of data to produce critical foreign intelligence that can warn of and help defuse national security threats, among other things. To do that, the IC will have to partner closely with the private sector, where significant AI development occurs. But despite the billions of dollars that may ultimately flow toward this goal, there are basic hurdles the IC still must overcome to successfully transition and integrate AI into the community at speed and scale.

Among the top hurdles are the U.S. government’s slow, inflexible, and complex budget and acquisition processes. The IC’s rigid budget process follows the standard three-year cycle for the government, which means it takes years to incorporate a new program and requires confident forecasting of the future. Once a program overcomes the necessary hurdles to be included in a budget, it must follow a complex sequence of regulations to issue and manage a contract for the actual goods or services needed. These budget and acquisition processes are often considered separately as they are distinct, but I treat them together because they are closely related and inextricably intertwined in terms of the government’s purchasing of technology.

Importantly, these processes were not intended to obstruct progress; they were designed to ensure cautious and responsible spending, and for good reason. Congress, with its power of the purse, and the Office of Management and Budget (OMB), as the executive branch’s chief budget authority, have the solemn duty to ensure wise and careful use of taxpayer dollars. And their roles in this regard are vital to the U.S. government’s ability to function.

Unfortunately, despite the best of intentions, as noted by some in Congress itself, the budget process has become so “cumbersome, frustrating, and ineffective” that it has weakened the power of the purse and Congress’ capacity to govern. And when complicated acquisition processes are layered on top of the budget process, the result is a spider web of confusion and difficulty for anyone trying to navigate them.

The Need for Speed … and Flexibility and Simplicity

As currently constructed, government budget and acquisition processes cause numerous inefficiencies for the purchase of AI capabilities, negatively impacting three critical areas in particular: speed, flexibility, and simplicity. When it comes to speed and flexibility, the following difficulties jump out:

  • The executive branch has a methodical and deliberate three-year budget cycle that calls for defined and steady requirements at the beginning of the cycle. Changing the requirements at any point along the way is difficult and time-consuming.
  • The IC’s budgeting processes require that IC spending fit into a series of discrete sequential steps, represented by budget categories like research, development, procurement, or sustainment. Funds are not quickly or easily spent across these categories.
  • Most appropriations expire at the end of each fiscal year, which means programs must develop early on, and precisely execute, detailed spending plans or lose the unspent funds at the end of one year.
  • Government agencies expend significant time creating detailed Statements of Work (SOWs) that describe contract requirements. Standard contract vehicles do not support evolving requirements, and companies are evaluated over the life of the contract based on strict compliance with the original SOW created years earlier.

These rules make sense in the abstract and result from well-intentioned attempts to buy down the risk of loss or failure and promote accountability and transparency. They require the customer to know with clarity and certainty the solution it seeks in advance of investment and they narrowly limit the customer’s ability to change the plan or hastily implement it. These rules are not unreasonably problematic for the purchase of items like satellites or airplanes, the requirements for which probably should not and will not significantly change over the course of many years.

However, because AI technology is still maturing and the capabilities themselves are always adapting, developing, and adding new functionality, the rules above have become major obstacles to the quick integration of AI across the IC. First, AI requirements defined with specificity years in advance of acquisition – whether in the budget or in a statement of work – are obsolete by the time the technology is delivered. Second, as AI evolves there is often not a clear delineation between research, development, procurement, and sustainment of the technology – it continuously flows back and forth across these categories in very compressed timelines. Third, it is difficult to predict the timing of AI breakthroughs, related new requirements, and funding impacts, so money might not be spent as quickly as expected and could be lost at the end of the fiscal year. Taken together, these processes are inefficient and disruptive, cause confusion and delay, and discourage engagement from small businesses, which have neither the time nor the resources to wait years to complete a contract or to navigate laborious, uncertain processes.


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Simply put, modern practices for fielding AI have outpaced the IC’s decades-old approach to budgeting and acquisition. That AI solutions are constantly evolving, learning, and improving both undermines the IC’s ability to prescribe a specific solution and, in fact, incentivizes the IC to allow the solution to evolve with the technology. The lack of flexibility and speed in how the IC manages and spends money and acquires goods and services is a core problem when it comes to fully incorporating AI into the IC’s toolkit.

Even while we introduce more speed and agility into these processes, however, the government must continue to ensure careful, intentional, and appropriate spending of taxpayer dollars. The adoption of an IC risk framework and modest changes to congressional oversight engagements, which I address in upcoming articles, will help regulate these AI activities in the spirit of the original intent of the budget and acquisition rules.

As for the lack of simplicity, the individually complex budget and acquisition rules are together a labyrinth of requirements, regulations, and processes that even long-time professionals have trouble navigating. In addition:

  • There is no quick or simple way for practitioners to keep current with frequent changes in acquisition rules.
  • The IC has a distributed approach that allows each element to use its various acquisition authorities independently rather than cohesively, increasing confusion across agency lines.
  • Despite the many federal acquisition courses aimed at demystifying the process, there is little connection among educational programs, no clear path for IC officers to participate, and no reward for doing so.

The complexity of the budget and acquisition rules compounds the problems with speed and flexibility, and as more flexibility is introduced to support AI integration, it is even more critical that acquisition professionals be knowledgeable and comfortable with the tools and levers they must use to appropriately manage and oversee contracts.

Impactful Solutions: A Target Rich Environment

Many of these problems are not new; indeed, they have been highlighted and studied often over the past few years in an effort to enable the Department of Defense (DOD) and the IC to more quickly and easily take advantage of emerging technology. But to date, DOD has made only modest gains and the IC is even further behind. While there are hundreds of reforms that could ease these difficulties, narrowing and prioritizing proposed solutions will have a more immediate impact. Moreover, significant change is more likely to be broadly embraced if the IC first proves its ability to successfully implement needed reforms on a smaller scale. The following actions by the executive and legislative branches – some tactical and some strategic – would be powerful steps to ease and speed the transition of AI capabilities into the IC.

Statements of Objectives

A small but important first step to deal with the slow and rigid acquisition process is to encourage the use of Statements of Objectives (SOO) instead of SOWs, when appropriate. As mentioned, SOWs set forth defined project activities, deliverables, requirements, and timelines, which are used to measure contractor progress and success. SOWs make sense when the government understands with precision exactly what is needed from the contractor and how it should be achieved.

SOOs, on the other hand, are more appropriate when the strategic outcome and objectives are clear, but the steps to achieve them are less so. They describe “what” without dictating “how,” thereby encouraging and empowering industry to propose innovative solutions. SOOs also create clarity about what is important to the government, leading companies to focus less on aggressively low pricing of specific requirements and more on meeting the ultimate outcomes in creative ways that align with a company’s strengths. This approach requires knowledgeable acquisition officers as part of the government team, as described below, to ensure the contract includes reasonable milestones and decision points to keep the budget within acceptable levels.


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New Authorities for the IC

Two new authorities would help the IC speed and scale its use of AI capabilities: Other Transaction Authority (OTA)  and Commercial Solutions Openings (CSO). Other Transaction Authority allows specific types of transactions to be completed outside of the traditional federal laws and regulations that apply to standard government procurement contracts, providing significantly more speed, flexibility, and accessibility than traditional contracts. While OTA is limited in scope and not a silver bullet for all acquisition problems, OTA has been used to good effect since 1990 by the Defense Advanced Research Projects Activity (DARPA), DOD’s over-the-horizon research and development organization, among others.

CSOs are a simplified and relatively quick solicitation method to award firm fixed price contracts up to $100 million. CSOs can be used to acquire innovative commercial items, technologies, or services that close capability gaps or provide technological advances through an open call for proposals that provide offerors the opportunity to respond with technical solutions of their own choosing to a broadly defined area of government interest. CSOs are considered competitively awarded regardless of how many offerors respond.

Both OTA and CSO authority should be immediately granted to the IC to improve the speed and flexibility with which the IC can acquire and transition AI into the IC.

Unclassified Sandbox

The predictive nature of the IC’s work and the need to forecast outcomes means the IC must be able to acquire AI at the point of need, aligned to the threat. Waiting several years to acquire AI undermines the IC’s ability to fulfill its purpose. But with speed comes added risk that new capabilities might fail. Therefore, the IC should create an isolated unclassified sandbox, not connected to operational systems, in which potential IC customers could test and evaluate new capabilities alongside developers in weeks-to-months, rather than years. Congress should provide the IC with the ability to purchase software quickly for test and evaluation purposes only to buy down the risk that a rapid acquisition would result in total failure. The sandbox process would allow the IC to test products, consider adjustments, and engage with developers early on, increasing the likelihood of success.

Single Appropriation for Software

DOD has a pilot program that funds software as a single budget item – allowing the same money to be used for research, production, operations, and sustainment – to improve and speed software’s unique development cycle. AI, being largely software, is an important beneficiary of this pilot. Despite much of the IC also being part of DOD, IC-specific activities do not fall within this pilot. Extending DOD’s pilot to the IC would not only speed the IC’s acquisition of AI, but it would also increase interoperability and compatibility of IC and DOD projects.

No-Year Funds

Congress should reconsider the annual expiration of funds as a control lever for AI. Congress already routinely provides no-year funding when it makes sense to do so. In the case of AI, no-year funds would allow the evolution of capabilities without arbitrary deadlines, drive more thoughtful spending throughout the lifecycle of the project, and eliminate the additional overhead required to manage the expiration of funds annually. Recognizing the longer-term nature of this proposal, however, the executive branch also must seek shorter-term solutions in the interim.

A less-preferable alternative is to seek two-year funding for AI. Congress has a long history of proposing biennial budgeting for all government activities. Even without a biennial budget, Congress has already provided nearly a quarter of the federal budget with two-year funding. While two-year funding is not a perfect answer in the context of AI, it would at a minimum discourage parties from rushing to outcomes or artificially burning through money at the end of the first fiscal year and would provide additional time to fulfill the contract. This is presumably why DOD recently created a new budget activity under their Research, Development, Test and Evaluation (RDT&E) category, which is typically available for two years, for “software and digital technology pilot programs.”

AI Technology Fund

Congress should establish an IC AI Technology Fund (AITF) to provide kick-starter funds for priority community AI efforts and enable more flexibility to get those projects off the ground. To be successful, the AITF must have no-year funds, appropriated as a single appropriation, without limits on usage throughout the acquisition lifecycle. The AITF’s flexibility and simplicity would incentivize increased engagement by small businesses, better allowing the IC to tap into the diversity of the marketplace, and would support and speed the delivery of priority AI capabilities to IC mission users.


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ICWERX  

To quickly take advantage of private sector AI efforts at scale, the IC must better understand the market and more easily engage directly with the private sector. To do so, the IC should create an ICWERX, modeled after AFWERX, an Air Force innovation organization that drives agile public-private sector collaboration to quickly leverage and develop cutting-edge technology for the Air Force. AFWERX aggressively uses innovative, flexible, and speedy procurement mechanisms like OTA and the Small Business Innovation Research and Small Business Technology Transfer programs (SBIR/STTR) to improve the acquisition process and encourage engagement from small businesses. AFWERX is staffed by acquisition and market research experts who are comfortable using those authorities and understand the market. While the IC’s needs are not identical, an ICWERX could serve as an accessible “front door” for prospective partners and vendors, and enable the IC to more quickly leverage and scale cutting-edge AI.

De-mystify Current Authorities

While there is much complaining about a lack of flexible authorities in the IC (and a real need for legal reform), there is flexibility in existing rules that has not been fully utilized. The IC has not prioritized the development or hiring of people with the necessary government acquisition and contracts expertise, so there are insufficient officers who know how to use the existing authorities and those who do are overworked and undervalued. The IC must redouble its efforts to increase its expertise in, and support the use of, these flexibilities in several ways.

First, the IC should create formal partnerships and increase engagement with existing U.S. government experts. The General Services Administration’s Technology Transformation Services (TTS) and FEDSIM, for example, work across the federal government to build innovative acquisition solutions and help agencies more quickly adopt AI. In addition, DOD’s Joint AI Center has built significant acquisition expertise that the IC must better leverage. The IC also should increase joint duty rotations in this area to better integrate and impart acquisition expertise across the IC.

Second, the IC must prioritize training and education of acquisition professionals. And while deep acquisition expertise is not necessary for everyone, it is important for lawyers, operators, technologists, and innovators to have a reasonable understanding of the acquisition rules, and the role they each play in getting to successful outcomes throughout the process. Collaboration and understanding across these professions and up and down the chain of command will result in more cohesive, speedy, and effective outcomes.

To that end, the Office of the Director of National Intelligence (ODNI) should work with the many existing government acquisition education programs, as well as the National Intelligence University, to develop paths for IC officers to grow their understanding of and ability to navigate and successfully use acquisition rules. The ODNI also should strengthen continuing education requirements and create incentive pay for acquisition professionals.

Third, the IC should prioritize and use direct hire authority to recruit experts in government acquisition, to include a mix of senior term-limited hires and junior permanent employees with room to grow and the opportunity for a long career in the IC. Such a strategy would allow the IC to quickly tackle the current AI acquisition challenges and build a bench of in-house expertise.

Finally, practitioners should have an easily accessible reference book to more quickly discover relevant authorities, understand how to use them, and find community experts. A few years ago, the ODNI led the creation of an IC Acquisition Playbook, which describes common IC acquisition authorities, practices, and usages. The ODNI should further develop and disseminate this Playbook as a quick win for the IC.

Incentivize Behavior

To encourage creative and innovative acquisition practices, as well as interdisciplinary collaboration, the IC must align incentives with desired outcomes and create in acquisition professionals a vested interest in the success of the contract. Acquisition officers today are often brought into projects only in transactional ways, when contracts must be completed or money must be obligated, for example. They are rarely engaged early as part of a project team, so they are not part of developing the solutions and have minimal investment in the project’s success. Reinforcing this, acquisition professionals are evaluated primarily on the amount of money they obligate by the end of the fiscal year, rather than on the success of a project.

Therefore, to start, project teams should be required to engage acquisition officers early and often, both to seek their advice and to ensure they have a good understanding of the project’s goals. In addition, evaluation standards for acquisition officers should incorporate effective engagement and collaboration with stakeholders, consideration of creative alternatives and options, and delivery of mission outcomes. If an officer uses innovative practices that fail, that officer also should be evaluated on what they learned from the experience that may inform future success.

Lastly, the ODNI should reinvigorate and highlight the IC acquisition awards to publicly reward desired behavior, and acquisition professionals should be included in IC mission team awards as a recognition of their impact on the ultimate success of the mission.

Conclusion

Between the government’s rigid budget and acquisition processes and confusion about how to apply them, there is very little ability for the IC to take advantage of a fast-moving field that produces new and updated technology daily. Tackling these issues through the handful of priority actions set forth above will begin to drive the critical shift away from the IC’s traditional, linear processes to the more dynamic approaches the IC needs to speed and transform the way it purchases, integrates, and manages the use of AI.

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Extinction Rebellion has targeted Colombian diplomatic missions across several EU countries, including France and Italy, demanding that the nation address deforestation, coal mining, and indigenous peoples’ rights.

The hard-line climate activist group staged simultaneous protests outside several of Colombia’s diplomatic missions on Tuesday, calling on Bogota to protect biodiversity and stop deforestation. It also urged the country’s government to take action against the El Descanso open-pit coal mine, which is said to be threatening the Yukpa indigenous people.

The French branch of the activist group targeted the Colombian Embassy in Paris, vandalizing its entrance. Footage from the scene shows activists dousing the mission’s entrance in black paint, while plastering placards over its walls.

XR members then chanted slogans, lighting flares that emitted thick pink and black smoke. At least one activist was seen bathing in fake blood.

Another protest held outside Colombia’s consulate in Milan, Italy, saw that mission vandalized too. The building’s entrance was covered in fake blood, with a pile of a black substance, which looked like charcoal or coal, left by its doors.

Demonstrations also took place outside Colombia’s missions in Germany’s capital, Berlin, as well as in Madrid, Spain. Those protests appeared to be more civil, with activists rallying outside of the missions without vandalizing them.

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Any apology for Nazism is unacceptable, Colombia’s president Ivan Duque has insisted, after photos of police academy cadets dressed up in Third Reich uniforms were uploaded online, causing outrage.

“Any apology for Nazism is unacceptable,” Duque stated in a tweet on Friday. The president said he condemned any references to those who were “responsible for the Jewish Holocaust that claimed the lives of more than 6 million people,” adding that “anti-Semitism has no place in the world.”

Duque had earlier made demands for “heads to roll” at an academy that “promotes such criminal practices,” with its director, Lieutenant Colonel Jorge Ferney Bayona Sanchez, already having been sacked.

Colombia’s defense ministry, which oversees the country’s police, also insisted in a statement that that its training programs “don’t envisage in any way an activity such as the one which took place” at the academy.

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The images of police cadets in Nazi uniforms caused anger and bewilderment among internet users.

The German and Israeli embassies in the country reacted by issuing a joint statement, in which they expressed “total rejection of any form of apology or demonstration of Nazism.” The US embassy in Bogota also said that it was “shocked and deeply disappointed” by the development.

The controversial images, in which aspiring officers were caught sporting black SS outfits with red swastika armbands and grey Wehrmacht uniforms from the World War II era, weren’t revealed in some bombshell media report, but were actually published on the official Twitter account of the Colombian police this Thursday.

The photos were taken as part of a “cultural exchange” event at the police academy in the city of Tulua, aimed at commemorating Germany and “strengthening the knowledge of our police students.” The cosplay was apparently intended to illustrate the history of German law enforcement, with more cadets pictured wearing more modern versions of the country’s police uniforms in the pictures.

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Israeli and UAE defense suppliers have agreed to jointly develop unmanned vessels that can be tailored for a range of military roles, including anti-sub warfare. The move comes after the two countries held naval drills last week.

Emirati state-owned weapons maker EDGE group and the government-run Israel Aerospace Industries (IAI) announced the partnership in Dubai on Thursday. In a joint statement, the firms said they would design the 170 m-USV (modular-unmanned surface vessels) series for both military and commercial applications.

The vessels, which can apparently operate remotely or with partial and complete autonomy, are expected to be used for “maritime security operations,” intelligence-gathering, surveillance, detecting and countering submarines and mines, and as a deployment platform for vertical take-off and landing (VTOL) aircraft such as helicopters and certain types of drones.

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For commercial use, the manufacturers noted that they can be customized to serve in a variety of roles, including oceanography, pollution monitoring, oil and gas exploration, transportation, search and rescue, firefighting, and first interventions.

While not specifying the sources and amount of the project’s funding, or when production would begin, EDGE Chief Executive Faisal Al Bannai described the deal as an “important milestone” that would “open many doors” for the company in “local and global markets, military and commercial alike.”

According to the statement, the EDGE-owned Abu Dhabi Ship Building (ADSB) will design the vessel and integrate the platform’s control systems and payload. IAI will develop the autonomous control systems and provide various mission-requirement payloads to the control system units.

In March, the two companies had partnered up to develop an autonomous drone defense system to “detect, identify and intercept a broad range of threats.”

Last week, the UAE and Bahrain conducted their first-ever joint maritime drill with Israel’s navy. The US Fifth Fleet also participated in the five-day show of force in the Red Sea, which was reported by Israeli media outlets as sending a message to Iran.

The naval exercises came a little more than a year after Israel and the UAE established diplomatic ties in normalization agreements brokered by the Trump administration. The Abraham Accords broke decades of Arab consensus to not formally recognize Israel until the issue of a Palestinian state was settled.

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All cities and towns in China, as well as “most” villages, will be covered by 5G networks by 2025, the Ministry of Industry in Beijing has announced in a new infrastructure development plan.

Under the plan, the number of 5G base stations per 10,000 people will be increased to 26, and gigabit optical fiber networks will be extended to most urban and rural areas of China, the Ministry of Industry and Information Technology (MIIT) announced on Tuesday.

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Digital infrastructure has been defined as a “strategic, basic and pioneering industry to help build a new type of digital infrastructure and support economic and social development,” according to MIIT official Xie Cun. 

Information technology will be “deeply integrated” with the economy and society, with the goal of spurring internet innovation and creating a business boom, the ministry added. Meanwhile, the authorities are working on “a new type of supervision system” as well as measures to protect users’ personal information and data.

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Slovakia has become the latest European country to implement lockdown restrictions on people who haven’t had the Covid vaccine, as it seeks to prevent a resurgence in infections and hospital admissions over the winter.

Slovakian Prime Minister Eduard Heger announced the new measures in a press conference on Thursday, declaring a “lockdown for the unvaccinated” after the country reported a record number of new cases.

The new restrictions in Slovakia, which come into effect on Monday, will require people to have been vaccinated or have recovered from Covid in the past six months to enter restaurants, non-essential shops, or public events.

In the past few days, the European nation has seen record numbers of new infections, including over 8,000 on Tuesday, with hospitals running out of space to treat Covid patients.

Slovakia has one of the lowest rates of vaccination in the European Union, with over 50% of individuals still not jabbed. The country of around 5.5 million has so far only inoculated 2.5 million people against the virus.

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Earlier this week, Austria became the first nation to impose restrictions on unvaccinated individuals, as it sought to limit pressure on hospitals and emergency care units. The move came into effect at midnight on Monday for anyone aged 12 and older who has not received their Covid vaccine or recently recovered from the virus.

The German state of Bavaria and the Czech Republic followed Austria in restricting access for unvaccinated individuals. Only people who can show proof of vaccination or that they have recently recovered from Covid will be allowed to enter public spaces, such as restaurants and shops. 

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Scientists have used artificial intelligence to “predict” formulas for new designer drugs, with the stated goal of helping to improve their regulation. The AI generated formulas for nearly nine million potential new drugs.

Researchers with the University of British Columbia (UBC) used a deep neural net for the job, teaching it to make up chemical structures of potential new drugs. According to their study, released this week, the computer intelligence fared better at the task than the scientists had expected.

The research team used a database of known designer drugs – synthetic psychoactive substances – to train the AI on their structures. The market for designer drugs is ever-changing, since their manufacturers are constantly tweaking their formulas to circumvent restrictions and produce new “legal” substances, while cracking their structure takes months for law enforcement agencies, the researchers said.

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“The vast majority of these designer drugs have never been tested in humans and are completely unregulated. They are a major public-health concern to emergency departments across the world,” one of the researchers, UBC medical student Dr. Michael Skinnider has said.

After its training, the AI was able to generate some 8.9 million potential designer drugs. Afterwards, researchers ran a data sheet of some 196 new drugs, which had emerged in real life after the model was trained, and found that more than 90% of these have been already predicted by the computer.

“The fact that we can predict what designer drugs are likely to emerge on the market before they actually appear is a bit like the 2002 sci-fi movie, Minority Report, where foreknowledge about criminal activities about to take place helped significantly reduce crime in a future world,” senior author Dr. David Wishart, a professor of computing science at the University of Alberta, has said.

Identifying completely unknown substances remains an issue for the AI, the research team has noted, but they hope it might potentially help with that task, since the computer was also able to predict which formulas of designer drugs were more likely to be created and hit the market. The model “ranked the correct chemical structure of an unidentified designer drug among the top 10 candidates 72 percent of the time,” while throwing in spectrometry analysis, which is an easily obtained measurement, bumped the accuracy to some 86%.

“It was shocking to us that the model performed this well, because elucidating entire chemical structures from just an accurate mass measurement is generally thought to be an unsolvable problem,” Skinnider stated.

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Chris Inglis’ new White House office has a startup feel to it. There are desks, a few chairs, a coffee maker and a poster hanging on the wall.  But as the head of the newly established Office of the National Cyber Director, Inglis has to make due with what he has while still advising President Joe Biden on the smartest ways for the US to prevent and respond to cyberattacks.

Inglis has already had numerous conversations with the president, who has made clear that the government has a role to play in the defense of the private sector and in assisting the private sector in defending critical infrastructure.  And the president knows, says Inglis, that means the government needs to get its own cyber house in order. 

But like any real startup, Inglis’ resources are scarce.  More than three months after being confirmed by the Senate, he still doesn’t have the full staff he needs to take on his timely and critical mission.  That’s because the funding for his office – some $21 million, part of the $1 trillion infrastructure bill making its way through Congress – is still stuck in the political spin cycle.  Why does it matter?

“The threat is greater than I can ever remember,” Inglis told me during last month’s AFCEA and INSA Intelligence & National Security Summit in National Harbor, Maryland. “The audacity, the brazenness, the thresholds that have been crossed at every turn; we’re in a difficult place.”

While he’s waiting for Congress to act, he says he’s spending about fifty percent of his time defining his role, being careful not to duplicate the work already being done by other agencies and departments, while spending another fifty percent building relationships that will be important later.  Eventually, he’s expected to have a staff of some 75 people who will be expected to work hand in glove with CISA, the National Security Council’s cyber staff, the OMB and others.  The remaining fifty percent of his time, Inglis jokes, is spent figuring out how to attract the country’s best talent.   

“People are starting to flow into the organization. I’m confident that we’re coming up to a breakout moment, not for the National Cyber Director, but the contribution that we can and should make. I’m sobered by the nature of the challenge, I’m optimistic we can make a difference.”

Optimistic he is.  And he’s not even complaining about being given a critical task for US national security and then having to wait for politics to play out before being able to act on it.

“It has been a semi-silver lining in that we would not have had time to think about how we want to apply the resources coming our way.”

While Inglis has been waiting, he and his small team have had time to think about the four things they’d like to focus on right away. 

First, is streamlining the roles and responsibilities in government of who handles what when it comes to protecting the public and private sectors from cyberattacks.  He also spoke during his confirmation hearing about the importance of allocation of resources and while the Office of the National Cyber Director doesn’t have the authority to move money, it does have what Inglis calls the responsibility to account for cyber money.

“One of the most critical gaps in cyber is that the physical digital infrastructure is not built to a common standard. The executive order related to this requires that within a certain amount of time we have to install basic procedures like multifactor authentication and encryption of stored material. That is a challenge and a potential vulnerability for us. We need to make sure that we make these investments necessary to buy down the lack of investment for years.

The second gap is in talent related to number of people required to occupy these jobs. It’s not simply the folks with IT or cyber in their name, but general cyber awareness. There is some expenditure of resources of time, attention, and money to get awareness right on the part of the truly accountable parties like agency and department heads. We have to make sure they don’t see cyber as a cost center, but an enabler on the part of all the users as they understand what their roles are and what the accountability is.

He admits there is still a level of education needed within government to get there.

That is usually the case in both the government and the private sector,” he said.  “We need to think this way about cyber and invest in cyber so that we can enable the mission, not hold it back. I think that education is the most important and effective way to handle this. Then, it is to make sure that the accountability is aligned and harmonized. We tend to take risk in one place and expect someone in another place to be the mitigator of a risk they don’t understand was taken in the first place. We need to operate in a collaborative fashion and get away from divisions of effort which are an agreement not to collaborate and allow adversaries to pick us off one at a time.”

Inglis says that unity of effort must start at home.  “The executive order issued in May has begun to lay out common expectations about the hardware, software, and practices that we need to begin in those spaces,” he said.  “Externally, if we have sector risk management agencies who engage the private sector for the purposes of supporting and engaging the critical components of that infrastructure, we need to make sure you don’t need a Ph.D. in government to know who to deal with and what you’re going to get from them.”

He is arguing for the government to also put ‘valuable material’ on the table.  “That could be our convening power,” said Inglis. “We could perhaps address and reduce liability or give companies a clue as to what might be around the corner because the government has access to exquisite intelligence. If that setup is possible, we also need a venue where collaboration takes place. Information doesn’t collaborate, people do.”

Inglis likes to point to the example of CISA and the Joint Cyber Collaborative.  “They put people from the private sector and the public sector side by side to co-discover threats that hold us at common risk. That project sets up the possibility of implicit collaboration in what we then do with that common operational picture. The government could take ideas that private sector companies turn into proprietary systems and enrich and classify them to deal with it in their system.”

Using what he calls “all the tools in the toolkit,” Inglis also notes the importance of international relationships, which fits nicely into the White House’s International Summit on Ransomware last week in Washington, which zeroed in on tighter cryptocurrency standards, among other things. “Beyond the Five Eyes, what do other like-minded nations think about what is expected behavior in this? What are governmental actions that are appropriate,” he asked.  

Inglis has been an active participant in the president’s recent actions in cyber.  He took part in a White House meeting with tech leaders in August that was hosted by President Biden, who Inglis says, spent the first hour sharing his vision about how the country should focus on collaborative integration.  “The companies represented weren’t only companies like Microsoft and Apple, but people who operate in the critical infrastructure space,” said Inglis.  “The people component, educators, were represented reflecting the president’s view that cyberspace is not just technology, it is also the people component. They are a major link in the chain, and we need to get the roles and responsibilities right.”

While he’s waiting for the funding he needs to get his office fully staffed, Inglis said he’s also putting thought into reconciling resources with aspirations.  Managing expectations is going to be important.  Frustration has been growing for years over what some see as a lack of government response to some of the largest hacks in history.  The phrase ‘time and place of our choosing’ as a definition of response has grown old and some Americans are weary of a government that isn’t responding in a more public way to the beating it sees the US taking in cyberspace.

So, I asked Inglis whether there should be red lines in cyber.

“Red lines are both good and bad,” he answered.  “They are clear and crisp, and everybody knows what they are. The downside is that because of that, an adversary knows exactly how far they can go. It means that you set up a somewhat permissive environment. Red lines also don’t have context; sometimes there is a reason that a defender would make the ransomware payment. As a matter of policy, the U.S. government does not pay ransomware, but I imagine there will be a situation at some point where a hospital is against the Russian state and actual life and safety is at risk. If there is no other way to get the material back, in order to get back in the business of saving lives, they would want to rethink if a red line is a red line in that particular situation. I think the right thing to do here is not to establish hard thresholds of things with scripted responses, but outline what we are prepared to defend and what principles we will exercise in defense of those things. We commit to defending the private sector when it is held at risk by a nation state in cyberspace as much as in the kinetic space and make that clear to adversaries. I think that would be more helpful in changing decision calculus and creating a useful ambiguity about when and where we will come in.”

Inglis said he’s also thinking a lot about present and future resilience.  It’s a worthwhile focus, given that the White House estimates that nearly half a million public and private sector cybersecurity jobs are currently unfilled. 

“That is a massive problem,” said Inglis. “However, the more insidious problem is that the 320 million people in the United States who use the internet who have no idea how to properly take their place on the front lines of this issue. There is an awareness issue that requires us not to make Python programmers out of them but to make sure they understand the nature of this space.”

Everyone has heard the old saying that time is money, but in Inglis’ case, time is security so I asked him point blank whether he thought government was moving has quickly as it should on the cyber problem.

“Government is moving at speed; the question is if it is at the necessary speed. I don’t think anyone is moving at the necessary speed. Some are moving at light speed, but at the end of the day, we need an integrated, collaborative approach. While we won’t have unity of command, I think there needs to be a universally felt sense of urgency so that we will all get our heads in the game.”

Congress, are you listening?  Oh, and by the way, that poster in Inglis’ office? It reads, ‘Hours Since the Last Surprise.”

As a startup with maybe too few resources at the start and who often didn’t understand how all the wickets are run, we have our occasional surprise,” said Inglis.  “When we encounter those surprises and go to someone with the deep and sharp expertise to help us navigate that, we get what we need. However, we are not a full functioning, full featured, fully capable organization yet. We’re trying to build somebody else’s airplane while we’re free falling from our own. We have a parachute, and we can land safely, but it is a bit of a challenge at times.”

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The longest lunar eclipse in over 500 years will occur in the early hours of November 19, lasting several hours.

The peak of the partial eclipse will take place in the predawn hours on Friday when 97% of the moon will be eclipsed by the Earth’s shadow. The previous longest partial eclipse took place in 2018 and lasted less than two hours, while this will last for several hours.

The eclipse will be visible from all 50 US states, Canada, and Mexico, as well as parts of South America, Polynesia, Australia, and China, according to NASA.

The moon will be at its farthest point from Earth during the eclipse, slowing its orbit and extending the time it takes to move out of the darkest part of the planet’s shadow, known as the umbra, as the moon, Earth, and sun will all be aligned. The Holcomb Observatory has released a video detailing what the eclipse will look like. 

The event will begin shortly after midnight and unlike a solar eclipse, no one will need special eyewear to view the phenomenon.

When the eclipse occurs, the moon will take on a reddish hue, with only a sliver of the actual moon visible. The event will last for several hours, making it the longest of its kind in 580 years, with the next lunar eclipse not occurring until May of 2022.

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