[Senate Hearing 118-298]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 118-298

                              OPEN HEARING:
                    AN UPDATE ON FOREIGN THREATS TO THE 
                              2024 ELECTIONS

=======================================================================

                                HEARING

                               BEFORE THE

                    SELECT COMMITTEE ON INTELLIGENCE

                                 OF THE

                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION

                               __________

                              MAY 15, 2024

                               __________

      Printed for the use of the Select Committee on Intelligence
      
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        Available via the World Wide Web: http://www.govinfo.gov
        
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                   U.S. GOVERNMENT PUBLISHING OFFICE                    
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                    SELECT COMMITTEE ON INTELLIGENCE

           (Established by S. Res. 400, 94th Cong. 2d Sess.)

                   MARK R. WARNER, Virginia, Chairman
                  MARCO RUBIO, Florida, Vice Chairman

RON WYDEN, Oregon                    JAMES E. RISCH, Idaho
MARTIN HEINRICH, New Mexico          SUSAN M. COLLINS, Maine
ANGUS S. KING, Jr., Maine            TOM COTTON, Arkansas
MICHAEL F. BENNET, Colorado          JOHN CORNYN, Texas
BOB CASEY, Jr., Pennsylvania         JERRY MORAN, Kansas
KIRSTEN E. GILLIBRAND, New York      JAMES LANKFORD, Oklahoma
JON OSSOFF, Georgia                  MIKE ROUNDS, South Dakota
MARK KELLY, Arizona

                CHARLES E. SCHUMER, New York, Ex Officio
                 MITCH McCONNELL, Kentucky, Ex Officio
                  JACK REED, Rhode Island, Ex Officio
                ROGER F. WICKER, Mississippi, Ex Officio
                              ----------                              

                       William Wu, Staff Director
                  Brian Walsh, Minority Staff Director
                   Kelsey Stroud Bailey, Chief Clerk
                            
                            
                            C O N T E N T S

                              ----------                              

                              MAY 15, 2024
                           OPENING STATEMENTS

                                                                   Page
Mark R. Warner, U.S. Senator from Virginia.......................     1
Marco Rubio, U.S. Senator from Florida...........................     4

                               WITNESSES

The Honorable Avril Haines, Director of National Intelligence....     6
    Prepared Statement for the Record............................     9
The Honorable Jen Easterly, Director, Cybersecurity and 
  Infrastructure 
  Security Agency, Department of Homeland Security...............    12
    Prepared Statement for the Record............................    14
Larissa Knapp, Executive Assistant Director, National Security 
  Branch, 
  Federal Bureau of Investigation................................    21
    Prepared Statement for the Record............................    44

                         SUPPLEMENTAL MATERIAL

Questions for the Record.........................................    49

 
    OPEN HEARING: AN UPDATE ON FOREIGN THREATS TO THE 2024 ELECTIONS

                              ----------                              


                       TUESDAY, FEBRUARY 23, 2024

                                       U.S. Senate,
                          Select Committee on Intelligence,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:37 p.m., in 
Room SH-216 in the Hart Senate Office Building, in open 
session, the Honorable Mark R. Warner, Chairman of the 
Committee, presiding.
    Present: Senators Warner (presiding), Rubio, Wyden, King, 
Bennet, Casey, Gillibrand, Kelly, Risch, Cotton, Cornyn, 
Lankford.

 OPENING STATEMENT OF HON. MARK R. WARNER, A U.S. SENATOR FROM 
                            VIRGINIA

    Chairman Warner. I want to call this hearing to order, and 
I want to welcome today's witnesses. I want to warn them at the 
outset, we are finishing up one vote. We'll have another one. 
We're going to work through that process, but if people are 
slipping in and out, I think you understand.
    Our witnesses today are Avril Haines, the Director of 
National Intelligence; Jen Easterly, Director of the 
Cybersecurity and Infrastructure Security Agency, CISA; and, 
Larissa Knapp, Executive Assistant Director of the National 
Security Branch at the FBI. Welcome to all of you.
    Today's hearing builds on this Committee's bipartisan 
efforts since 2016 to educate the public on the intentions of 
foreign adversaries seeking to undermine the integrity of our 
democratic systems; and to ensure that the U.S. government is 
postured to protect our elections from those foreign threats. A 
broad interagency task force is tasked with protecting from two 
forms of election interference we've seen since 2016: 
interference efforts, often cyber enabled, that target election 
infrastructure; and separately influence efforts that seek to 
affect elections through covert or other illegal tactics. Since 
2016, we have held both open and closed hearings ahead of each 
federal election, featuring testimony from U.S. officials, 
social media executives, and open-source research executives. 
This is the first open hearing of this campaign season, but 
more will be coming.
    Now, I want to start by recalling the fact that I fear, at 
times, since particularly the 2016 cycle that was so long ago, 
that the public perception of past foreign election meddling 
has too often been treated as something that was trivial or not 
of major league. But as this Committee's exhaustive bipartisan 
investigation into Russia's meddling in 2016 election showed, 
and as a declassified Intelligence Community assessment showed, 
foreign influence efforts go well beyond simple online trolling 
or traditional propaganda. Foreign election efforts in the last 
eight years have, among other things, involved efforts to 
infiltrate, both online and in person, a range of U.S. 
organizations on both sides of the political spectrum, with the 
goal of stoking political polarization in the United States and 
promoting social and racial strife.
    We've seen as well successful impersonations of U.S. 
political and social organizations, with the Russian IRA 
memorably back in 2016 having Twitter and Facebook accounts for 
the Tennessee GOP and Black Lives Matter. Both of those 
accounts were actually bigger than the real organizations. 
We've seen harassment and sting operations against U.S. 
candidates, particularly when we saw just last cycle the PRC 
influence operatives try to set up a sting operation to bully 
and humiliate a Congressional candidate of Chinese heritage. 
We've seen successful efforts to actually organize real-world 
political rallies back in 2016, again, with one almost coming 
to real-life violence. Russian efforts orchestrated 
simultaneous rallies in Houston, one with an anti-Muslim event 
taking place at exactly the same time and place as a Muslim 
cultural event. Luckily, law enforcement intervened.
    We have also seen personalized emails sent in 2020 by 
Iranian influence actors posing as Proud Boys, which the Trump 
Administration leadership did a good job of pointing out. 
Globally, we've seen many of the same foreign influence actors 
aggressively meddling in the elections of our Democratic 
allies. The PRC's influence actors aggressively sought to shape 
the outcome of Taiwan's election earlier this year, including 
promoting narratives that the election had been rigged as 
Election Day neared. More recently, literally in the last few 
weeks, Czech and Belgian officials have disclosed efforts of 
Russian operatives to shape the outcome of June's E.U. 
elections with the goal of undermining European support for 
Ukraine. And a wide range of media, open source research, and 
other sources have similarly pointed to Russian influence 
operations in Slovakia, one of the cases that I think is 
particularly interesting--a country that when Russia invaded, 
75 percent-plus of Slovaks supported Ukraine. A few years later 
due to Russian efforts, Slovakia now has a pro-Russian 
president and literally 55 percent of the Slovaks are saying 
they think the United States started the war in Ukraine.
    We've seen recently as well that deepfakes of the Moldavian 
president have been widely circulated. And fresh off the 
presses just a couple hours--I'm not going to ask our witnesses 
to testify about it--a new Russian effort geared at somehow 
saying that Zelenskyy and the CIA are working on trying to 
undermine again our elections in this year.
    The barriers to entry for foreign malign influence have 
unfortunately become incredibly small. Since 2016, we've seen 
declassified intelligence assessments name a whole host of 
influence actors who have engaged in, or at least contemplated, 
election influence and interference activities, not only 
Russia, not only Iran or PRC, but also Cuba, Venezuela, 
terrorist organizations like Hezbollah, and a range of foreign 
hacktivists and profit-motivated cybercriminals.
    One of the things, and I think this hearing is so important 
in many ways, our adversaries could be more sophisticated and 
aggressive in both scale and scope in this election, even than 
in prior years. Let me tell you why I think that's the case.
    First, our adversaries are more incentivized than ever to 
intervene in our elections because they can understand that it 
could affect their particular national interest. In the case of 
Russia, Putin clearly understands that influencing public 
opinion and shaping elections in the United States is a cheap 
way to erode American and Western support for Ukraine. 
Similarly, we've seen that the conflict between Israel and 
Hamas has been fertile ground for disinformation since October 
7th.
    Second, the scale and sophistication of these sorts of 
attacks against our elections can now be accelerated by AI 
tools. The truth is the kind of audio and video manipulation 
that even as recently as four years ago and clearly eight years 
ago was still a challenge now can happen at a speed and scale 
due to AI tools that's unprecedented. And literally, there's 
not a week or month that goes by that those AI video and audio 
tools don't continue to improve. And I just on a personal note, 
I fear that Congress's inability to pass any new guardrails in 
the last 18 months for AI-enabled mischief really could pose a 
huge problem. We've already seen fake video of President Trump 
embracing Dr. Fauci. We've seen audios of President Biden 
telling people to use a different voting day in New Hampshire. 
The truth is these tools are out there and growing in their 
danger.
    Third, we've seen, unfortunately, increasingly large 
numbers of Americans of all political stripes across the 
political spectrum who simply don't trust U.S. institutions 
from federal agencies and law enforcement to the mainstream 
media, who increasingly rely on the wildest conspiracies 
imaginable that pop-up on the web. The truth is these tools are 
out there and growing in their danger.
    And fourth, since 2022, we've seen a concerted litigation 
campaign that has sought to undermine the federal government's 
ability to share on any kind of voluntary basis vital threat 
information with social media platforms. And unfortunately, 
since 2022, we've seen from some of those same social media 
platforms considerable disinvestment and, in certain cases, 
utter disinterest in platform integrity by some of those social 
media companies.
    And an area where the Vice Chairman and I have worked very 
closely together, we've seen the rise of a dominant social 
media platform, TikTok, with ownership based in a country that 
is clearly adversarial in terms of their intents on our 
elections. It is these kinds of attempts by foreign actors and 
adversaries to sow disinformation, undermine confidence in 
elections, and seed discord that Americans can expect their 
federal agencies, both law enforcement and intelligence, to 
help detect and defeat. We've got to do a better job of making 
sure Americans of all political stripes understand what is very 
probably coming their way over the next less-than-six months.
    I hope today's witnesses can provide a comprehensive 
overview of these current threats and anything that may be 
emerging and what we can do in a collaborative cooperative, 
bipartisan way to make sure that the public is aware of this, I 
think, dramatic threat to our democracy.
    With that, I'll turn it to the Vice Chairman.

  OPENING STATEMENT OF HON. MARCO RUBIO, A U.S. SENATOR FROM 
                            FLORIDA

    Vice Chairman Rubio. Thank you. Thanks for calling this 
hearing. And thank you all for being here on this important 
topic. And by the way, it's one I think we're going to be 
dealing with for the next quarter century, but it's hopefully 
one we get to learn from experience on.
    I always think it's important at the outset to sort of--
because I know this will be discussed--as threats to the 
election is a broad topic. And it's always bifurcated into two 
things. There's election interference, which is trying to hack 
into the voter database or messing with the early reporting, 
unofficial reporting system of a state--things of that nature. 
That's more easily understood. And then there is this whole 
topic of influence. And it's not just in elections; it's also 
in our debates. We saw elements of that during COVID. We see it 
during policy debates here on a range of topics. The propaganda 
has always been a weapon of war. I think today you can do it at 
scale faster, more convincingly, and in ways that spread very 
quickly and are difficult to contain. And in particular, we've 
seen this globally--I mean, we've seen increasing amount of 
damage that's being done to the reputation of the United States 
in parts of Africa by a very active effort to undermine, make 
life very difficult, for our diplomats to serve in that region. 
Or for our military personnel in some of these countries where 
the Russians have moved in and gained greater influence. So, 
all of that is happening at a global scale and the Chairman's 
already talked about some of the countries that have faced 
efforts to meddle in their elections and try to influence and 
steer the outcome and in some cases, successfully.
    But today, I think the focus is going to be on how this 
could be used in an election and in policy debates, too. But 
let's focus on elections for a moment. And the reason why I 
want to really focus on that is I think we'll hear a lot about 
the tools that are available, the capabilities that someone has 
to put out an AI video to spread narratives that are difficult 
to knock down, and so forth. The weaponization of this 
information. What I think I hope to learn a little bit more 
about is when this happens, if this happens, who's in charge of 
responding to it? Have we thought through the process of what 
do we do when one of these scenarios occurs? Because I don't 
think I have a clear understanding of who's in charge and how 
we would respond. Who would take the lead?
    I know that if a hurricane is headed towards the United 
States, the National Hurricane Center is going to put 
meteorologists on the air who are going to describe to us: this 
is the hurricane, this is what it looks like, this is how 
strong it's going to be when it gets here. They're going to put 
out forecasts. It's going to issue warnings. And people, 
Republicans, Democrats--no matter who you're going to vote 
for--are going to take the appropriate steps. If something like 
that were headed towards our election, I don't know who's in 
charge of putting it out there.
    More importantly, I think no matter who puts it out there, 
the candidate or issue on the other side of it, their followers 
are going to question whether it's the government interfering 
in the elections themselves, and it's not helpful. As an 
example, and I use this as an example because it's a very 
recent one, when the whole laptop situation happened, the 
Hunter Biden laptop, a number of former intelligence 
officials--I get it, they're formers, no longer in the employ 
of any of these agencies, but that title carries weight--all 
signed a letter saying this has all the hallmarks of a Russian 
disinformation campaign. We know now that it was not a 
disinformation campaign. I don't want to get into the 
particulars of what was on it. I'm just saying we now know that 
it was not a Russian disinformation campaign, but the result of 
it was that social media companies would not allow anyone to 
post the articles and there was a media blackout. It could not 
be reported in any other-- except for one place. And so what 
happens as a result of that, whether it had an influence on the 
election or not, the result of it now is that we have some 
segment of the country who repeatedly says things like the 
Intelligence Community interfered--even these reformers--but 
that title.
    And so why that is relevant here is because no matter who 
this disinformation campaign is geared after, the other side is 
going to say the people issuing the warnings are people that 
are interfering in the elections on behalf of the candidate 
they favor. So we're in a real quandary here. But I do think we 
have to begin by at least understanding if something were to 
happen. If tomorrow there was a video, very convincing video of 
a candidate. Let's not say president, let's say, U.S. Senate or 
Congress and a video comes out with 72 hours to go before 
election day, of that candidate saying some racist comment or 
doing something horrifying, but it's fake. Who is in charge of 
letting people know this thing is fake, this thing is not real? 
So that we can have people who are going to go to the ballot 
box believing something that's not real is real, that's 
influencing our election, especially a close one. And I ask 
myself, whoever is in charge of it, what are we doing to 
protect the credibility of the entity that is--whoever it is in 
charge of saying it--so that the other side does not come out 
and say our own government is interfering in the election?
    So, I think we're going to be struggling with this for a 
very long time because the Russians are the best at it. They've 
been doing it a long time and so they know, and they've 
perfected it. But every election cycle, more and more cast of 
characters are joining the parade here in terms of getting into 
this business. And I think in the years to come, we're going to 
see more and more nation-states and maybe non-state actors 
begin to not just come after us and our elections and our 
political process, but those of other countries, as well.
    So this issue is not going away anytime soon. I think it's 
only going to accelerate. It's going to get worse. And we 
really need to begin to lay out some parameters about how we 
are going to respond to these things in a coordinated way that 
we know ahead of time, as opposed to the ad hoc basis in which 
this has been handled in years past, in terms of responding to 
the disinformation piece of it. It's a tough one to handle, but 
it's one that I think we have to get a handle on.
    Chairman Warner. I agree.
    I think, Director Haynes, you're going to lead us off?

            STATEMENT OF AVRIL HAINES, DIRECTOR OF 
                     NATIONAL INTELLIGENCE

    Director Haines. Thank you very much, Chairman Warner, 
Ranking Member Rubio, and Members of the Committee. I really 
appreciate having the opportunity to brief you on the 
Intelligence Community's election security work, alongside my 
colleagues at CISA and FBI, who are leading efforts to take 
actions to secure our elections alongside the extraordinary 
state and local officials who are on the front lines of this 
work.
    The U.S. government's efforts to protect our elections have 
improved significantly since the 2016 presidential election. 
And even as the threat landscape is becoming increasingly 
complicated, it is my view that the U.S. government has never 
been better prepared to address the challenge. Protecting our 
democratic processes from foreign influence or interference is 
an absolute priority for the Intelligence Community.
    Our efforts are effectively organized by the Foreign Malign 
Influence Center, or FMIC, which houses the Election Threats 
Executive. The Election Threats Executive leads, coordinates, 
and integrates the IC's activities, initiatives and programs in 
this realm. And fundamentally, we support the federal 
government, particularly CISA and the FBI, as they work to 
secure our elections, as well as state and local election 
officials across the country who actually manage and secure the 
election infrastructure on a day-to-day basis. We do so by 
ensuring that our resources are aligned to promote collection 
and analysis so that we're able to identify and mitigate 
foreign threats to our elections and communicate our 
assessments to our federal partners, to you in Congress, to 
state and local officials, and to the American people. We also 
facilitate a notification framework that ensures that when 
relevant intelligence is collected concerning a foreign 
influence operation aimed at our election, appropriate notice 
is given to those who are being targeted so that they can take 
action.
    And while most of these notifications are nonpublic, there 
are, as you both indicated, scenarios in which public 
notifications are appropriate and if doing so would render the 
foreign influence operation less effective, and that is part of 
that mandate. Of course, exposing a foreign actor's efforts is 
only one way in which we counter election threats. We support 
the law enforcement community as they disrupt election 
influence operations through legal action, including the 
disruption of illicit financial networks. And we also support 
CYBERCOM as it conducts a range of cyber operations to ensure 
that foreign adversaries cannot use our digital infrastructure 
to attack our elections.
    Using every tool we have is critical as the challenge is 
expanding. Over the last several years, we've seen really three 
trends that make the threat landscape more diverse and more 
complex.
    First, there are an increasing number of foreign actors, 
including non-state entities, who are looking to engage in 
election influence activities.
    Second, there are more commercial firms through which state 
actors are able to conduct election influence activities, often 
increasing the sophistication of such activities while making 
it more challenging to track down the original instigator of 
the foreign influence efforts.
    And then third, perhaps most obviously, relevant emerging 
technologies, particularly generative AI and big data 
analytics, are increasing the threat by enabling the 
proliferation of influence actors who can conduct targeted 
campaigns, reducing the number of relatively sophisticated 
influence operations and content, and further complicating 
attribution. For example, innovations in AI have enabled 
foreign influence actors to produce seemingly authentic and 
tailored messaging more eficiently at greater scale and with 
content adapted for different languages and cultures. In fact, 
we've already seen generative AI being used in the context of 
foreign elections. In September 2023, two days before the 
parliamentary elections in Slovakia, which Chairman you noted, 
a fake audio recording was released online in which one 
candidate discussed how to rig the upcoming election with 
journalists. The audio was quickly shown to be fake, with signs 
of AI manipulation, but under Slovakia law, there is a 
moratorium on campaigning and media commentary about the 
election for 48 hours before polls open. And since the deepfake 
was released in that window, news and government organizations 
struggled to expose the manipulation and the victim of the 
deepfake ended up losing in a very close election.
    To position the IC to address generative-AI-enabled foreign 
influence efforts, we have an IC group focused on multimedia 
authentication that leverages DARPA's semantic forensics 
technology among other tools and enables those in the IC who 
are working on election security to rapidly access media 
forensic experts to facilitate the authentication of foreign 
suspect media related to the U.S. election. Members of this 
group regularly engage technical experts inside and outside of 
the government to ensure we are applying the latest techniques. 
And if state and local officials have concerns, for example, 
about media that is suspected to be synthetic or manipulated 
and violates a law or is tied to a foreign actor, they can 
request authentication assistance through the FBI. And of 
course, the most significant foreign actors who engage in 
foreign influence activity directed at the United States in 
relation to our elections are Russia, the People's Republic of 
China--or PRC, and Iran.
    Specifically, Russia remains the most active foreign threat 
to our elections. The Russian government's goals in such 
influence operations tend to include eroding trust in U.S. 
democratic institutions, exacerbating sociopolitical divisions 
in the United States, and degrading Western support to Ukraine. 
Russia relies on a vast multimedia influence apparatus, which 
consists of its intelligence services, cyber actors, state 
media proxies, and social media trolls. Moscow most likely 
views such operations as a means to tear down the United States 
as its perceived primary adversary, enabling Russia to promote 
itself as a great power. Whereas Beijing seeks to promote 
support for China's policy positions and perspectives, 
including in the context of specific elections, portray the 
U.S. democratic model as chaotic, ineffective unrepresentative; 
and magnify U.S. societal divisions. And the PRC also has a 
sophisticated influence apparatus through which they leverage 
emerging technologies, including generative AI. And they are 
growing increasingly confident in their ability to influence 
elections globally but remain concerned about the possible 
blowback in the event their efforts are disclosed. In fact, in 
2020, we assessed that China did not deploy influence efforts 
intended to change the outcome of the U.S. presidential 
election, principally because of concerns regarding blowback if 
caught. And thus far, we have no information to suggest that 
the PRC will take a more active role in this presidential 
election than it did in 2020, even as they continue to engage 
in efforts to promote politicians at all levels who are taking 
positions favorable to China on key issues. Needless to say, we 
will continue to monitor their activities.
    Finally, Iran is becoming increasingly aggressive in their 
efforts seeking to stoke discord and undermine confidence in 
our democratic institutions, as we've seen them do in prior 
election cycles. They continue to adapt their cyber and 
influence activities using social media platforms, issuing 
threats, disseminating disinformation, and it is likely that 
they will continue to rely on their intelligence services in 
these efforts and Iran-based online influencers to promote 
their narratives.
    We've also observed other countries attempt to support or 
undermine specific candidates, but these efforts tend to be on 
a smaller scale. For instance, some other countries do things 
like direct campaign contributions to candidates they believe 
would promote their interest if elected and seek to obscure 
their support.
    In brief, the election threat landscape is increasingly 
challenging, but our capacity to manage the threat has also 
improved, as you will hear from colleagues. There is nothing 
more important or fundamental to our democracy than protecting 
our elections. And I can tell you that we are focused and ready 
to do our part.
    And I thank you for your time, and I look forward to your 
questions.
    [The prepared statement of the witness follows:]
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    STATEMENT OF JEN EASTERLY, DIRECTOR, CYBERSECURITY AND 
                 INFRASTRUCTURE SECURITY AGENCY

    Director Easterly. Chairman, Vice Chairman, Members of the 
Committee: thank you for the opportunity to discuss CISA's 
efforts to protect and defend our Nation's election 
infrastructure.
    Since 2017 when election infrastructure was designated as 
critical and the CISA was designated as the sector risk 
management agency, CISA and our partners, including the 
Intelligence Community and the Federal Bureau of Investigation, 
have made significant progress increasing the security and 
resilience of the Nation's election infrastructure, working to 
support state and local election officials who serve on the 
front lines of our democracy administering, managing, and 
securing our elections. Election infrastructure has never been 
more secure, and the election stakeholder community has never 
been stronger.
    As a result, these election officials ran secure elections 
in 2018 and 2020 and in 2022. As you know, there is no evidence 
that malicious actors changed, deleted, or altered votes or had 
any material impact on the outcome of any of these elections. 
This, of course, has been validated time and again, including 
in multiple court challenges. And in any race that was close in 
2020, there were paper records that could be counted and 
recounted and audited to ensure accuracy. In this job, I've had 
the privilege to spend time with chief election officials 
across the Nation of both parties, and I know how tirelessly 
they work to ensure that their citizens' votes are counted as 
cast. It's why I have confidence in the integrity of our 
elections and why the American people should as well. However, 
we cannot be complacent. While election infrastructure is more 
secure than ever, as you just heard, the threat environment is 
more complex than ever. We have seen, as the DNI noted, that 
foreign adversaries remain a persistent threat to our election 
infrastructure, aiming to undermine American confidence in 
election integrity and our democratic institutions and to sow 
partisan discord. These are efforts which will be exacerbated 
by generative AI capabilities.
    Perhaps more concerning are the continued physical threats 
to election officials, which largely stem from unfounded claims 
that the results of the 2020 election did not represent the 
will of the American people. Such claims are corrosive to the 
sacred foundations of our democracy, and they have led to 
harassment and threats of violence against election officials 
of both parties and their families. As a result, we've seen a 
wave of resignations, with election officials taking 
operational experience and institutional knowledge with them. 
And some of those who remain are operating under difficult 
conditions. We at CISA are very proud to stand shoulder to 
shoulder with these election officials, these election heroes 
who are on the front lines of our democracy.
    In fact, CISA is providing more services in more 
jurisdictions than ever before, with training and resources 
featured on our ``Protect 2024'' website. Since the beginning 
of 2023, we've provided over 340 cybersecurity assessments, 520 
physical security assessments, 70 tabletop exercises, 220 
training sessions that reached 9,000 election stakeholders. 
Every week we provide reports to nearly a thousand election 
entities with highlighting vulnerabilities so they can be 
immediately remediated. We've provided and sponsored 230 
security clearances for election officials and worked with the 
Intelligence Community to provide classified briefings on 
foreign adversary threats. And most recently, we hired ten 
dedicated regional election security advisors who bring a 
combined 210 years of election expertise and experience to work 
on the front lines with election officials.
    Finally, we remain laser focused on the threat of foreign 
malign influence operations, providing guidance as recent as 
last month on the tactics of disinformation used by our foreign 
adversaries. We'll continue to use our Rumor vs. Reality 
website to provide accurate information about election 
infrastructure security. And perhaps most importantly, we will 
amplify the voices of state and local election officials who 
are the true authoritative subject matter experts when it comes 
to elections. These election officials know that while 
elections are political, election security is not; and we at 
CISA are committed to keeping it that way and look for your 
leadership and support in helping us do so.
    Thank you.
    [The prepared statement of the witness follows:]
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    Chairman Warner. And it's my understanding, Ms. Knapp, 
you're not going to do opening, right?
    Ms. Knapp. [Nonverbal affirmative response.]
    Chairman Warner. Let me first of all thank the witnesses 
for their testimony and particularly acknowledge what Jen 
Easterly just said: our election officials are our election 
heroes and many of them who served diligently opening and 
closing polls for decades on end. The fact that they are under 
a level of harassment at this point really is one of the most 
serious efforts I think to undermine our democracy. Some of 
that may be domestically generated, but some of that could also 
be enhanced by foreign interests.
    Let me direct my first question to Director Haines. And 
again, I think there has been some rewriting post-2016 that 
somehow some of the activities in Russia or even in 2020 with 
Iran, that that was kind of harmless trolling.
    Can you speak to the fact that literally the level of 
violence that was incited in cases, or exacerbating racial 
strife, religious strife? These foreign adversaries are trying 
to pit us against each other at unprecedented levels, literally 
leading to violence.
    Director Haines. I think you did a very nice job in the 
opening of highlighting a number of such incidents. I will say 
that just starting with Iran, it is, as I noted in the opening 
statement, increasingly aggressive in their efforts seeking to 
stoke this kind of discord and promote chaos and undermine 
confidence in the integrity of the process.
    And they use social media platforms really to issue 
threats, to disseminate disinformation. And we saw how they did 
that in 2020. That's one of the incidents that you identified, 
where they attempted to incite violence and threaten voters by 
sending spoofed emails designed to intimidate the voters, to 
incite social unrest. And distributing content, including a 
video that implied that individuals could cast fraudulent 
ballots even from overseas, all entirely false, called out by 
my predecessor, Director Ratcliffe at the time in 2020, and 
others in the Intelligence Community and law enforcement 
community.
    So I think that is a very good example. We've also seen 
Russia engage in these types of tactics, particularly in their 
global efforts to influence elections, trying to effectively 
incite disorder in order to distract sometimes law enforcement 
from being able to manage an election or do other things in 
that respect as well.
    I'll leave it at that.
    Chairman Warner. And I would just say, I recall that 
incident, and again it was a little bit of what Senator Rubio's 
question about, who announces that? There was a real show of 
force at that moment when we had the ODNI. We had the FBI 
director, we had the head of CISA--I'm not sure whether General 
Nakasone was involved. Because my fear is who makes that 
message in a politicized environment? It needs to be people who 
are going to be viewed, as much as possible, credibly by both 
sides. And I think, again, in that case, the Trump 
Administration did the right thing.
    Lots and lots of talk about AI. There's not a week that 
goes by that we don't see a new enhancement in terms of either 
video or audio deepfake capabilities. I don't think, even 
though we passed some bipartisan legislation out of the Rules 
Committee today, that will get the national legislation on 
deepfakes. I would point out there's about a dozen-plus states 
that have taken this on their own, and they range from red 
states to blue states and everything in between. And those of 
us who have been pushing the tech companies to do more--there 
were 20 tech companies that came together in what was called 
the Munich Accord. And this includes all of the big--it's the 
Facebooks, it's the Googles. It is also Twitter, TikTok, 
Anthropic, OpenAI--promising that they would have a commonality 
of watermarking, so you can indicate if something has been 
altered, this AI in elections, a commitment to try to take that 
content down and to educate voters. This was not just geared at 
America. Half the world is going to an election this year. 
Right now, India has got an election. The Europeans will have 
their parliamentary election shortly in June. I worry that 
after that much publicized announcement in February to use the 
old political term--``where's the beef?''--I don't see that 
common watermarking standard emerging. I don't see these 20 
tech companies moving in the aggressive nature that I would 
hope. I'd like to hear briefly from each of the witnesses on 
how you think the state of the collaboration between tech 
companies on making sure AI is not misused.
    Director Easterly. Thanks for the question, Chairman. I saw 
the letter that you sent out to those companies yesterday, 
which I think will be very helpful in getting specific answers. 
I will say, we've been working with the generative AI companies 
specifically about threats to elections and ensuring that they 
are putting procedures and technology in place. Many of them 
are part of what's called CCPA, the Coalition for Content 
Provenance and Authentication. In addition, one of the very 
useful things that they're doing is if there are any questions 
about elections, they're actually driving people who use that 
technology to sources like canivote.org or ``Trusted Info 
2024'', which is the National Association of Secretaries of 
State website that provides verified information at the state 
and local level. So it's really a validation that they are 
pushing people to those trusted sources. All that said, what we 
are doing is providing guidance to state and local election 
officials on AI threats and ways that they can mitigate such 
threats to their election infrastructure. We put out something 
in January and again in April about foreign malign influence.
    Director Haines. I'll just add to that by saying that 
absolutely I support everything that Jen just indicated. In 
addition, I think we're seeing both the opportunity for them to 
continue to provide detection tools, building relationships 
with some of the state and local partners. And that's been a 
part of what I think is important to continue to encourage. I 
think we're still in the process of watching them build out, 
essentially, their capacity and efforts in this area. And so 
things like your statement I think are helpful to channel that 
energy and to begin to push forward on it.
    I think another thing that we're obviously doing is we've 
been engaging with them in order to make sure that we 
understand the technologies they're bringing to bear, to make 
sure that we're producing, basically, the state of the art 
identification authentication services within the IC, and also 
for state and local partners, if they so request appropriately, 
as I indicated, through the FBI. And we're also promoting the 
adoption of DARPA's suite of technologies, frankly, in this 
area that really allows users to detect, to characterize 
falsified media assets to defend in particular against large-
scale automated disinformation attacks to public authorities 
and to third parties. So I think all of that is mutually 
reinforcing in this area.
    Chairman Warner. Ms. Knapp.
    Ms. Knapp. Thank you, Sir, for the opportunity to respond. 
Obviously, AI is definitely a concern to us, as well. Whenever 
we get any sort of intelligence, we do provide it to the social 
media companies for action. When we do get any sort of intel 
indicating the hand of a foreign adversary, that information is 
provided to social media companies, whether it is as simple as 
an internet protocol address, an email address, or a phone 
number for them to take what action deemed necessary.
    Vice Chairman Rubio. All right. And I understand that the 
talk about protecting the infrastructure, it's very important. 
But I want to focus on, and I'm going to largely base the 
scenario I'm about to outline, I'm going to base it on a CNN 
February 9th exclusive about a tabletop exercise and it 
basically describes the following tabletop exercise. China 
creates a fake AI video showing a Senate candidate destroying 
ballots and they're able to identify that it's AI, that it's 
fake. So we have the ability to do that. And I think that's 
what you've described, what the DNI's office is able to do 
through that, through DARPA. I guess the effort, the semantic 
forensics technology and all that.
    Okay. So we know it's fake. What the article says and what 
I want to know, maybe the article is wrong, and you can correct 
me, is after that in this tabletop exercise, no one knew what 
happened next. They struggled on what the response should be. 
There was a struggle who would notify the public. According to 
this article--and the number two at the FBI, number two at CIA, 
number two at DHS was part of this tabletop--nobody raised 
their hand and says, we will do it. We want to be the ones in 
charge of notifying the public. There was real consternation if 
in fact this was being promoted through a cutout, like maybe I 
imagine like a blogger. Let's say there's a right wing blogger 
or a left wing blogger and that person is the one that released 
a video. Now, there was a certain fear that if we go out and 
say that this video is fake and this person is spreading it, 
people are going to say the government itself is interfering in 
our elections, and then a real question about if so many 
Americans already don't trust the federal government or the 
intelligence agencies, how can we get them to trust us that 
this is not a real video?
    So here's what I want to ask.
    If in fact a scenario like this plays out, video comes out, 
I'm not on the ballot this year, so let's use me. Video comes 
out and it's me and an audio recording, fake, saying, yeah, I'm 
going to rig the election and I'm going to steal a bunch of 
ballots. It's fake, you know it's fake, what happens at that 
point? Because I'm now a week before the election, six days 
before the election, does someone notify me? Am I able to say 
that? Is someone going to come out and say this is not real? He 
really didn't say that. What happens? Because this article says 
it would be turned over to state and local officials. I don't 
know what a state and local official is supposed to do. They're 
going to turn around and say yes, the DNI's office or the FBI 
or somebody told us this was fake. I don't understand what the 
process that would happen at that point is. Do we have a 
process that would kick in in a situation like that one that I 
just described?
    Director Haines. Absolutely. So first of all, I wasn't at 
the tabletop exercise, so I don't know what happened in that 
particular scenario. But I understand that's not actually an 
accurate representation of what the discussion was.
    I would say that in terms of what would happen, yes, there 
would be a statement. So I think the model that I pointed to in 
2020 is an appropriate model if there is basically a video or 
some deepfake or disinformation that's being promoted. It could 
be that we find out about it through intelligence. It could be 
otherwise identified and it would go through, if it's 
intelligence, through the notification framework. The 
notification framework is an interagency group that basically 
indicates: Okay, we think this is something that deserves a 
public----
    Vice Chairman Rubio. I apologize. I don't mean to interrupt 
you. I just wanted to ask you this for clarification. So the 
video is clearly fake, you may not be able to attribute it to a 
foreign entity, but you'll at least be able to say this is not 
real and we're working to see where it came from. Maybe it was 
designed by some guy in a basement, but maybe it was designed 
by a nation-state. But at a minimum, we have to be able to say 
this thing is not real and it could be the work of a foreign 
adversary. Would you be the one that would stand up? Is it the 
DNI? Is it the FBI? Who would be the person that would stand 
before the American people and say, we're not interfering in 
the election. we just want you to know that video is not real. 
Who would be in charge of that?
    Director Haines. So, I could be the person that goes out 
and makes that determination. And I'll just give you an 
example, frankly, one of the ones that the Chairman just 
mentioned from this morning. There's an article today about the 
fact that there is a fake video that was basically promoted, we 
think, by Storm 1516. It's a Russian affiliated group 
basically. And that video purports to show a whistleblower and 
a Ukrainian former employee of a made-up CIA-supported troll 
farm tasked with interfering in the upcoming presidential 
election. CIA immediately came out with a statement that 
basically indicates, and is reflected in the article, that this 
is fake. And I am here to say categorically that this claim is 
patently false, that there is no such thing. It is 
disinformation. And that is the kind of approach that we'll 
continue to take across the board.
    Vice Chairman Rubio. Okay. But is that established that 
you--would you say you could be the one that--I mean, who is--I 
guess my point is it really--I don't want there to be any gray 
area like someone needs to be in charge of interfacing with the 
American people. And ultimately saying we will be responsible 
for notifying the American people.
    Director Haines. Yes, the----
    Vice Chairman Rubio. Has that been established?
    Director Haines. The only hesitation that you hear from me 
is based on the fact that there may be certain circumstances in 
which, for example, a state or local official or other 
basically public authority is in a better position to make the 
public statement initially. And for the rest of us to come back 
behind. So it's just a question of going through the process 
and determining what exactly is the issue that's being raised? 
What's the fake information that's being put forward? Who is 
going to be the best essentially official to immediately come 
out?
    Vice Chairman Rubio. Who makes that decision about who the 
best person is?
    Director Haines. That's through, for example, the 
notification framework.
    Chairman Warner. I think it's a very valid question. I'll 
remind colleagues that in open hearings, we go by seniority.
    Senator Wyden.
    Senator Wyden. Thank you, Mr. Chairman. And it's good to 
have all three of you here. And I'd like to start by saying 
I've long believed that you have to follow the money to 
understand election interference in America. And today, I want 
to start with influence buying, because I think one very 
effective way for a foreign adversary to interfere in an 
election is to compromise a candidate. The best way to do that 
is with money. Now last year, Donald Trump argued to a court 
that the value of his assets could not be inflated because he 
could always find a Saudi buyer who would pay any price that he 
would suggest. The judge was just taken aback. And he wrote in 
his opinion that the statement of the former president 
suggested, quote, influence buying.
    So the question I'd like to ask you, Director Haines, is 
let's set aside Donald Trump, okay, for purposes of this 
question. Is a foreign country's influence buying of a 
candidate, in your view, a counterintelligence concern and a 
form of interference?
    Director Haines. Absolutely, and it's a tactic that we've 
seen, for example, the Chinese engage in quite regularly.
    Senator Wyden. Good. Then let's go to data purchases, 
something you and I have talked about, because one way for a 
foreign adversary to tailor their influence is through the 
purchase of large amounts of Americans' private data. The 
Executive Order that President Biden signed on February 28th 
and the data export bill included in the recent foreign 
military and supplemental, those were welcome steps. And I 
think you know I've indicated that. But unlike the bipartisan 
bill I have with Vice Chairman Rubio, they only apply to a 
handful of countries which, in my view means they just don't 
really get the job done.
    So the question here, Director Haines, is couldn't the 
countries covered by the executive order and the recently 
enacted data export legislation, like China and Russia, 
couldn't they just get the data from countries that aren't 
covered either by taking advantage of weak privacy laws or 
setting up front companies?
    Director Haines. I think it's sort of fact specific and 
it's hard for me to make a very broad generalization. But 
there's no question that both Russia and China, for example, 
look to obtain critical information, including, for example, 
polling data that ultimately allows them to determine the 
targets of their influence campaigns, including with respect to 
funding illicitly.
    Senator Wyden. So would you work with the Vice Chairman, 
Senator Rubio, and I to clean up these loopholes and pass 
effective legislation? Because it just seems to me we can say 
there's progress, no question about that. But you're just going 
to have a lot of the people who are engaging in these corrupt 
activities just make their way to countries that aren't 
covered. Then they're going to look at weak privacy laws. 
They're going to look at front companies. And bam, we're off to 
the races again with more corruption of the election process. 
So, I think we need to have the bill that the Vice Chair and I 
put in to really close that loophole.
    And I gather I ought to quit while I'm ahead, because you 
said you'll work with us.
    Director Haines. Absolutely, I'd work with you on really 
any legislation you have to offer.
    Senator Wyden. Very good.
    Director Haines. Thank you.
    Senator Wyden. So, with respect to this election worker 
issue question for you, Ms. Knapp, we've got a lot of interest 
in this strong statement that Director Wray put out. I wanted 
to make sure we protect election workers from threats of 
violence. This is something I hear from all of our county 
officials in my state. This is an obvious and ongoing threat to 
democracy.
    Tell us if you would, Ms. Knapp, what you are involved with 
in this area about the harassment of election workers, the 
general incitement of violence. What are your priorities in 
this area?
    Ms. Knapp. Thank you for that question, Sir. Obviously, as 
you had said, election workers are critical to our democratic 
process, and they are the front line of democracy. In terms of 
what we're seeing in this space is obviously election workers 
are being harassed via robocalls, via white powder letters, as 
well as swatting. And we take all of those incidents very 
seriously. We work very closely with the Department of 
Justice's Election Crimes Task Force. To date, since its 
inception in 2021, there have been 17 successful convictions, 
as well as 13 sentencings. We continuously work with state and 
local authorities on these matters to hold any and all 
individuals that have been identified accountable for those 
actions.
    Senator Wyden. My time is up. I'm going to ask you a 
question for the record, Ms. Knapp, about this gentleman, 
Alexander Smirnov. He was recently charged with lying to the 
Bureau, as you know, when he passed on disinformation about the 
Biden family. I'll ask you for the record. My time is up. Thank 
you, Mr. Chairman.
    Chairman Warner. Senator Risch.
    Senator Risch. Thank you, Mr. Chairman. I understand. I 
apologize. We were in a Foreign Relations Committee meeting, 
but I apologize.
    I think Senator Rubio made reference to the letter which he 
and I sent to you, Director Haines, regarding the 51 former 
Intelligence Community people who signed the letter regarding 
Hunter Biden.
    Does that ring a bell with you at all?
    Director Haines. Yes, Sir. I don't remember every detail of 
it, but I certainly remember the letter.
    Senator Risch. I'm going to help you out here.
    Director Haines. Good deal. Thank you, Sir.
    Senator Risch. No, it isn't a good deal, but I'm going to 
help you out. But we asked six questions and only one of those 
six questions was answered. So I'm going to ask you here 
publicly, and by the way, let me tell you how this fits in. I'm 
as concerned with this sort of thing as I am with foreign 
interference on the election process.
    And this was deplorable, these 51 people saying this was 
Russian activity when we all know now that it wasn't. I mean 
these were 51 people that had very significant influence in 
American society, and they sent this letter saying that this 
was Russian influence. So, let me ask some questions here.
    One of the questions we asked is how many of those 51 
people currently hold a security clearance? And that was as of 
May 31st of 2023. So let me ask it now, how many of those 51 
people still hold a security clearance?
    Director Haines. I believe we provided you with an answer 
on that. I don't recall the----
    Senator Risch. No.
    Director Haines. I thought we did. All right. If we did 
not, we will get that to you shortly. We have that information.
    Senator Risch. All right. So how many of the Appendix A 
individuals maintained business arrangements, contracts, or 
other consulting arrangements with any element of the U.S. 
Intelligence Community between October 1st, 2020 and October 
31st of 2020. That question was not answered.
    Director Haines. Yes, Sir. That question we're still trying 
to get an answer to.
    Senator Risch. You're still trying to get an answer to it?
    Director Haines. Yes, Sir.
    Senator Risch. That security clearance as of October of 
2020, surely you got a list of these people? Whether or not 
they had security clearance.
    Director Haines. We have a list of the people that had 
security clearances. As I said, that's an answer that I thought 
we had provided. We will provide that to you.
    On the contracts, that's a much more complicated question 
and that's something that we're looking to give you.
    Senator Risch. How many of the Appendix A individuals 
currently maintain business arrangements, contracts, or other 
consulting element of the U.S. Intelligence Community? And that 
was as of May 31st, 2023, and move that forward to today. Both 
of those last two questions. How many of those people of those 
51 had the arrangements in October of 2020? And how many of 
them have any contacts today?
    Could you get that information for us?
    Director Haines. I don't have that information now, but we 
will look to provide it to you.
    Senator Risch. Okay. So let's talk about this particular 
problem. Senator Rubio was asking the question about who's 
going to stand up and look in the camera and say this is 
baloney, and that's going to be you. I think you've said that's 
the high responsibility that you have. And that was in the 
context of foreign interference in an election.
    What about this sort of thing where it's domestic 
interference, that's obviously false? Who's got the 
responsibility for standing up and looking in the camera and 
saying folks don't count on this, it's not true? Is that going 
to be your responsibility?
    Director Haines. Sir, I think my responsibility with 
respect to formers that speak out and provide the wealth of 
their experience and knowledge in such circumstances is not to 
determine what they should or shouldn't say, but rather to 
ensure that they're not disclosing classified information. That 
we're protecting that and dealing with that. It's not----
    Senator Risch. What if it's false? And they're using their 
robes of their having knowledge of security matters and 
intelligence matters. And you know it's false. Is that your 
response or do you just say no, I'm not going to get involved 
in that?
    Director Haines. I don't understand, because I think, first 
of all, I think they said that their experience makes them 
deeply suspicious of that activity, right? And I wouldn't----
    Senator Risch. They went a little farther than that, I 
think, but I'll take your characterization of it.
    Director Haines. Okay.
    Senator Risch. And if you know that's false and you come 
into the information that it's false, is it your obligation or 
not your obligation to stand up look in the camera and say 
folks when you're voting, no, don't take this into account.
    Director Haines. Senator, I don't think I could even 
frankly make sure that I've read everything that a former might 
have said or that anybody else has on these issues. So, no. I 
don't think that it's appropriate for me to be determining what 
is truth and what is false in such circumstances.
    Senator Risch. But what if you know? I mean you're sitting 
here. You're the center of intelligence in America right there, 
and this has come out and you know it's false. What's your 
obligation or do you have any?
    Director Haines. I think my obligation is to ensure that 
the best intelligence is being provided to the President, to 
the federal government, to the Congress, and where possible to 
the American people through declassification.
    Senator Risch. But not----
    Director Haines [continuing]. Which we would do----
    Senator Risch. But not calling out someone who stands up 
and purports to have intelligence information that you know is 
false.
    Director Haines. Senator, first of all, I'm not sure I'm 
the best arbiter of what is true and false. And secondly----
    Senator Risch. Let's say in a particular instance, you've 
seen the paper, you know, it's false. Let's take that instance. 
What do you do?
    Director Haines. I mean it depends on the situation. If 
we're talking about a fake video that's been put forward----
    Senator Risch. Somebody with intelligence credentials 
stands up and says, I know this from an intelligence 
standpoint, and you know as the Director of National 
Intelligence that it's false.
    Director Haines. No, I do not----
    Senator Risch. What do you do?
    Director Haines. I do not consider that to be part of my 
responsibility. If there is disinformation that is put forward, 
false information, right, then we have the capacity to 
authenticate it or to identify it as false. We will do so 
basically to our customers and there will be a process whereby 
determinations are made, and it may not be to the public, but 
it might be classified information. It might be anything else. 
I don't know under the circumstances. It's too much of a 
hypothetical.
    Senator Risch. My time is up and I'm not making progress, 
so I'm going to give it back to you.
    Chairman Warner. We ought to continue to pursue this. I 
mean, my sense that it would probably be the responsibility of 
the FBI, if there was proven--. I'm not sure we want the 
director of National Intelligence commenting about a domestic 
statement made by an American.
    But I understand your point, I mean I think that----
    Senator Risch. Well, that's the purpose of this hearing is 
to find out how American voters are going to be----
    Chairman Warner. But although the purpose, our purview at 
least, is focused on that foreign influence, but I understand 
your point.
    Senator King.
    Senator King. Well, following up on this point, it seems to 
me the tension here is I don't want the U.S. government to be 
the truth police. If you start talking about what's true and 
what's not true in political advertising, you know, you could 
have a thousand people doing that full time, 24 hours a day. 
That's not the job of the U.S. government.
    It strikes me that the role you can play, however, is 
disclosure of sources. That if you know through your 
intelligence sources and your attribution that a particular 
piece of information, true or not, is coming from a foreign 
source, that's the role where it's important for you to notify 
the public so they know the source, not whether it's true or 
not, because I just think that's an impossible determination. 
But at least people should know the source.
    In a Maine town meeting when somebody stands up to talk, 
you assess not only what they say, but who they are--and you're 
not allowed to wear a bag over your head in a Maine town 
meeting. And so that's where I think you have an important role 
to play.
    And the thing that bothers me and worries me? Use of the 
word ``notification framework.'' I've seen that. It's a 
bureaucratic nightmare, a notification that comes in February 
after a November election ain't any good. And what I want to 
urge is disclosure of sources when you're aware of it 
immediately. Immediately. Mark Twain said it: bad news gets 
around the world before good news gets its shoes tied.
    So I hope that you go back and look at this process and not 
make it bureaucratic. But if you have evidence that this is 
coming from a foreign source, let the public know so they can 
assess that. Is that something you can take back?
    Director Haines. Yes, absolutely, and that is something 
that we do is try to attribute where information is coming 
from, essentially, and working through the methodologies on 
that.
    And I realize ``notification framework'' may sound quite 
bureaucratic, but it really is a living thing. And for example, 
they have worked through a process where they can expedite 
their decision-making process through within 48 hours. They are 
looking at even making that----
    Senator King. That should be the standard. 48 hours should 
be the----
    Director Haines [continuing]. Across the board. Yes, it's 
not much longer than that in terms of----
    Senator King [continuing]. Having this information, that 
it's foreign sourced, within the U.S. government doesn't do us 
any good if the election is five days away and you don't get 
that information.
    Director Haines. Absolutely. Agree.
    Senator King. Because what's going on here is our 
adversaries are using our strength against us. It's a kind of 
geopolitical jujitsu: the strength of our society, its 
openness, the First Amendment, freedom of expression. They're 
using that in order to manipulate our most fundamental sacred 
right, which is the right of an election. And so we've got to 
be alert to it.
    And as I say, I disagree with my colleague. I don't think 
you're in the truth or falsehood business. I think you're in 
the disclosure of intelligence business. And I hope that that's 
something you can continue.
    Now at CISA, I'm worried that you may be overly concerned 
with appearing partisan and that that will freeze you in terms 
of taking the actions that are necessary. You gave a very 
impressive list of all the meetings and things that you're 
doing, but I'm hearing from some election officials that they 
don't feel that CISA is out there with them. They're not 
getting the support that they need. So I hope that you're being 
very forward-leaning about the protection you can provide to 
state and local election officials.
    Director Easterly. Thank you, Senator. Actually, as I 
mentioned, we are providing more services in more jurisdictions 
than ever before. We've actually enhanced our field force of 
cybersecurity advisors, physical security advisors, and then 
election security advisors who are former secretaries of state 
or state election directors who are working hand in hand with 
secretaries of state and current state election directors. And 
I am in touch with chief election officials across the country 
to include Secretary of State Bellows and others to ensure that 
they are getting everything that they need to run safe and 
secure elections. And that's not been affected in any of a 
partisan way.
    Senator King. Please ramp it up. We've got about six 
months, and we know that these adversaries are going to be 
coming at us.
    Final question, we know that in 2016, and I believe in 
2018, the Russians got into something like 35 states' election 
infrastructure. They didn't do anything with it. There was no 
effort to manipulate voting lists. But they weren't doing it 
for fun. I'm worried that they're still there and that the 
potential for, for example, people walking into a polling place 
in Miami and finding their name has disappeared off the list--
the potential for chaos is very high. So I hope all of you are 
pursuing those--I call them sleeper cells--that may still be 
there in state election infrastructure.
    Director Easterly. I'll just comment that since we have 
designated election infrastructure as critical, there's been 
enormous progress in particular in raising the bar on 
cybersecurity. So as you know, not all of voting equipment--
vote tabulation and vote casting is not connected to the 
internet. Just vote registration and election night reporting. 
So that, the fact that it's disconnected, it's not exposed to 
the internet, that's a layer of security. But there are also 
multiple layers. Election officials take a defense-in-depth 
approach--technological layers, physical layers, procedural 
controls--to ensure that that election infrastructure is secure 
and resilient.
    The other thing that's important to remember, Senator, is 
that we have so much diversity across our election 
infrastructure. If you've seen one state----
    Senator King. It's a benefit.
    Director Easterly. It's a benefit. If you've seen one 
state's election, you've seen one state's election. And so the 
virtue is there are procedures and controls under the chief 
election officials that make that election equipment secure. 
And having worked with folks like Secretary of State McGrane in 
Idaho, I know that all election officials are focused laser-
like on this. And they don't see elections security as a 
partisan political issue.
    They see it as an issue of ensuring that they can enable 
every one of their citizens' votes to be counted as cast.
    Senator King. Final quick question. Director Haines, did 
you hear about the three conspiracy theorists that walked into 
a bar?
    Director Haines. No.
    Senator King. It wasn't a coincidence. [Laughter.]
    Director Haines. That's great. Thank you.
    Senator King. Thank you, Mr. Chairman.
    Chairman Warner. Senator Cornyn.
    Senator Cornyn. Well, thank you for the good news. Director 
Haines, you said we've never been better prepared. Ms. 
Easterly, you said our elections have never been more secure. I 
think that's good news. All the campaigns I've been involved in 
in my career and/or observed as a citizen have never been 
exemplars of truth telling. They are contests, political 
contests for the hearts and minds of the voters and hopefully 
the ballot cast by that voter. And I frankly don't think it 
makes a whole lot of difference if it's some message is 
generated by some computer code or algorithm or artificial 
intelligence or a human being that is not telling the truth or 
some third party like these 51 intelligence officials who 
basically shared in a lie attributing certain information in 
election to Russian disinformation.
    I actually found also, Ms. Easterly, I found this statement 
in your statement to be reassuring. You said our election 
infrastructure is diverse, managed locally by state and local 
government offices to meet their unique jurisdictional 
requirements, and involves in-depth layers of defense and 
redundancies to ensure security and resilience. It is because 
of these measures and the incredible efforts of election 
workers across the country that the American people can have 
confidence in the security of our elections process.
    Again, more good news. As I read that though it seems to 
suggest that the distributed nature of our election system is 
actually a strength against attempts to disrupt our election 
process.
    Is that correct?
    Director Easterly. Yes, Sir.
    Senator Cornyn. So any attempt by federal officials here in 
Washington, D.C., to centralize or concentrate that election 
authority would seem to me to run counter to that distributed 
structure, which is providing some defense against attempts to 
disrupt or interfere with our elections. That's my observation, 
not necessarily yours.
    So I was very encouraged to see that the work you've done 
with chief election officials in places like Texas and 
elsewhere--the training, the assessments, the resources you 
provided--have been successful and led you to believe that we 
have never been more secure. Let me ask you maybe, Ms. Knapp. I 
don't know who should take this question. But one of the 
biggest challenges we've had when it comes to elections or 
cyber-attacks basically have been attribution. How do we know 
what the source of some of this information or cyber-attacks, 
let's say. How do we know who it is?
    Ms. Knapp. Thank you for that question, Sir. I can 
certainly start and then I'm sure my colleagues would love to 
jump in.
    As you had mentioned, Sir, attribution is a difficult 
thing, but it is not something that is impossible, and it takes 
time. So for us from an FBI perspective, you know, that would 
involve us tracing the origin. We would gather all available 
intelligence, we would serve legal process, we would--it's an 
iterative process.
    Senator Cornyn. So that's not something you could do in 
real time, let's say, against the deadline or backdrop of an 
election date?
    Ms. Knapp. Well, it would depend; it would depend on how 
easy it is to, to have attribution. It would also depend on 
what sort of available intelligence is out there driving us to 
come to whatever conclusion. But I don't know if any of my 
colleagues want to jump in on this.
    Senator Cornyn. Director Haines, does the U.S. government 
do anything to impose costs against those who engage in this 
misconduct?
    Director Haines. Obviously that's a policy question, but 
yes, obviously there have been actions that have been taken. 
Sanctions.
    Senator Cornyn. It may be a policy question, but you would 
know.
    Director Haines. Yeah, fair enough. No, no, no. I mean 
sanctions are an example of the kinds of actions that have been 
taken, PNG and other actions, depending on the particular 
scenario. And we've also seen as we've been helping, for 
example, Europe look at Russian efforts to influence the 
European Parliament elections. They've been taking certain 
actions in response to some of those influence operations. So I 
do think there are in fact tools that can be used. And others 
may wish to join me.
    Senator Cornyn. I just have 17 seconds left. Let me change 
the subject a little bit. We've talked about virtual threats to 
election integrity, but not physical threats from terrorist 
groups. Director Haines, you said in your annual threat 
assessment, you're willing to acknowledge that perceptions of 
immigration policies are driving record numbers of illegal 
immigrants across our borders. Director Haines also talked 
about the ISIS-affiliated individuals who are facilitating the 
passage of migrants to the U.S.-Mexican border and into the 
United States. Can you tell us in open session how many illegal 
immigrants have ties to ISIS operatives? And does the IC assess 
that individuals with those connections have entered the United 
States through the southern border as Director Wray has 
testified?
    Director Haines. I can support what Director Wray has 
testified to publicly, but I can't answer your specific 
questions in open session. But we can obviously have further 
discussions.
    Senator Cornyn. You can't tell us what he told us, which is 
ISIS facilitators have managed to deliver people to the 
southern border and they have likely been released into the 
United States?
    Director Haines. There is a facilitation network that we 
have been monitoring, obviously, that has some links to ISIS. 
And that is something that we have been managing. But I can't 
go further into detail on that without being in closed session, 
Sir.
    Senator Cornyn. Well, I think we are looking at a matter of 
when, if not if, we're going to have to live with the 
consequences of that.
    Chairman Warner. Two quick comments before we go to Senator 
Bennet.
    One, you know, I do think as policymakers, and I think 
there have been times in the past when we have punched back 
against some of those who try to interfere. And I think we 
ought to do more of that and try to urge, as policymakers, that 
action. And I would also say I want to commend, I mean, some of 
this point you made with Jen about the decentralized nature. I 
want to applaud Texas, which in an overwhelming way, I think 
almost unanimous in your state house and 75 percent, I think in 
your state senate approved legislation that the Governor Abbott 
signed prohibiting deepfakes of political candidates. And I 
think that makes a lot of sense.
    Senator Bennet.
    Senator Bennet. Thank you, Mr. Chairman. Thanks for holding 
this hearing.
    It's a tough set of issues because we live in a free 
society. One way or another I think we're all trying to help 
strengthen this democracy and help strengthen the values that 
we all share. And we're under assault, you know, in a way that 
we've never been before from our adversaries. And we've got 
competing values at stake here. You know, the First Amendment 
on the one hand. Protecting our national security.
    On the other hand, I was reading, Director Haines, the 
piece in the WIRe last week about the Russian disinformation 
campaign, the Doppelganger Operation, the Kremlin-backed 
operation that promoted a fake Washington Post article that 
said that billionaire Soros was hiring people at $30 for anti-
Semitism. And this site looked just like the Washington Post, 
you know, and the people in this country that were having 
protests in the United States were basically being attacked in 
a sense by this propaganda, by this effort to divide us. And 
these guys were working, I think, with the Russians. Have 
fabricated articles from Le Monde and Fox News as well.
    And I just wonder if you could talk a little bit about the 
speed. And that's not an election issue, that's a democracy 
issue. This is a debate that's going on in the streets of this 
country and the streets of free countries all over the world, 
that our totalitarian adversaries are using to try to incite 
divisions and incite discord to take the temperature up based 
on information that isn't true. And somehow, we have to find a 
way as a free society to respond to that.
    And it seems to me that the first part of that is to help 
notify people in real time when this kind of thing is 
happening. When the country as a whole is subject to this sort 
of intentional misinformation that we're seeing, frankly, 
throughout Europe. We've seen it in the most devastating way in 
Myanmar, where people were killed as a result of the content 
that was being purposely disseminated over social media 
platforms there. And I think we would be naive to think that 
that level of political violence couldn't also occur here as 
well.
    So, I guess the first question I would ask is, what are we 
going to do about it?
    Director Haines. Well, I do think that one aspect of what 
you do about it is basically expose what the tactics are and 
what we're seeing, and then address specific issues as they 
come up just as you've been saying. And we have been looking at 
increasingly working with partners and allies, frankly, around 
the world to do exactly that, because it is better to do it in 
numbers, in effect, and to really get the message out in ways 
that people find increasingly credible in targeting that 
disinformation.
    There's also going after--and this is part of, I think, 
what you were describing--there's going after the platforms 
that get used in this context. So, Russia has been pretty 
extraordinary in terms of the platform that they've built for 
their work. They essentially have a state-run propaganda 
machine that is comprised of domestic media apparatus outlets 
targeting global audiences such as RT and Sputnik, and a 
network of kind of quasi-government trolls that are used. And 
over the years, the apparatus has grown. It's broadening the 
array of influence actors, the tactics that they use for covert 
and deniable operations. And they're trying, as you indicated, 
to shape U.S. political discourse, European political 
discourse, to reduce support for Ukraine, other things. And 
part of what we're seeing is their capacity to use some of the 
platforms that they've chosen are getting harder as we're 
getting better at disclosing how those platforms are being used 
and how countries are taking action to pull broadcasting 
licenses. Other things along those lines in order to actually 
make it more challenging.
    They obviously look for other opportunities and can get 
around these things, but that is among some of the sort of 
opportunities for battling it.
    Director Easterly. I might just add something to your 
question insofar as it relates directly to elections. And we 
have a great relationship with Secretary of State Griswold and 
Judd Choate, your election director, who are very, very focused 
on this issue. But if you look at two very powerful examples, 
again at the state level where this may actually happen, one 
focused on being prepared, the other focused on a very 
effective response. So in Arizona, Secretary of State Adrian 
Fontes has been working with his local election officials to do 
a series of tabletop exercises with deepfakes of him in the day 
before the election to prepare them to be able to respond and 
to be able to communicate. And he's brought in local media and 
the community to help them understand these kinds of threats 
and, again, to lay the ground to inoculate them from being 
influenced, because of course those could be amplified by 
foreign malign influence actors.
    The other very good example, I think, was the robocall that 
happened in New Hampshire two days before the primary election. 
When that happened, the attorney general, John Formella, came 
out with a very clear statement saying that it is likely 
criminal behavior, saying that it's being investigated, and 
that it should be ignored as an example of repression of the 
vote. And then the secretary of state, David Scanlan, came out, 
he amplified that on a whole bunch of media platforms to get 
that message out to all of the constituents. And then said at 
the end of the day, the turnout was actually higher than he 
expected.
    So, election officials who are the ones running and 
securing these elections are out there ensuring that they can 
prepare. And I think we have good examples of how they're 
actually able to react to it, Sir.
    Senator Bennet. Thank you very much and thank you both for 
your testimony. I know I'm out of time, Mr. Chairman, but if I 
could just finish with one thought. Those are two great 
examples in Arizona and New Hampshire, where local elected 
officials who have sworn an oath to the Constitution are 
fulfilling that oath.
    Director Haines had good examples of what we're trying to 
do with foreign actors that are associated with the Kremlin. 
That's good, too, Mr. Chairman. We still have the problem of 
our own platforms, these platforms in the United States of 
America, who have not taken the kind of responsibility they 
need to be able to deal with these challenges as well, who have 
not kept on the people that they in theory hired to do the 
content moderation work that they were going to do, who have 
not been willing to think about slowing down the degree to 
which information is shared across the planet Earth that goes 
through their network. So, I just think we've got a 
responsibility of our own here in terms of oversight to make 
sure we're going to have what's required as well.
    Chairman Warner. We're going to have that kind of hearing 
with the social media companies.
    And to the ever-patient and with seven minutes of time, 
Senator Lankford.
    Senator Lankford. I'll take that. Thank you. Thank you all 
for your testimony.
    You were just speaking to Senator Bennet about Russia and 
some of the influence that they have targeted and the ways that 
they're doing it. Can we switch sides and actually talk about 
China? What is China doing currently to try to influence the 
United States public opinion?
    Director Haines. I'll mention what they're doing here, but 
also what they're doing abroad because we're seeing it on a 
broad range of things. I think they're growing, we assess, 
really increasingly confident in their ability to influence 
elections, but remain concerned about the possibility of 
blowback should they be discovered. And the PRC has made 
improvements to its influence operation tools using artificial 
intelligence, big data analytics. Their tactics globally 
include bankrolling candidates they prefer, using deepfake 
technologies to generate content, collecting polling data to 
determine targets for them, conducting social media influence 
operations. For example, the PLA will take over and operate 
social media accounts on a number of different platforms. We 
look to disclose that and tell companies about that when it 
happens to promote disinformation across the board. And they 
also target their diasporas. And we've seen them obviously seek 
to influence elections not only in the United States in the 
context of Congressional candidates, generally--this has been 
one of the things in a different levels and spaces--but also 
elections in Taiwan, in Australia, and in Canada. So a pretty 
significant portion.
    Senator Lankford. How do we expose that? How do we put the 
word out? Attribution is the challenge here as we've already 
talked about. Once it starts to get out there on social media 
and other places, how is that exposed most effectively if it's 
discovered on the federal side?
    Director Haines. I'll start, but I think my colleagues may 
wish to amplify certain aspects of this. I mean, we obviously 
put in our annual threat assessment some of the things that 
we're seeing the PRC engage in, in terms of influence 
operations, including in these spaces. And when we get 
intelligence that indicates that the PRC is, for example, 
taking on social media accounts or things like that in a 
platform, we then pass that information through. The FBI is 
able to provide that to the companies to take action.
    Senator Lankford. A general statement if they're going to 
do it is different than an example to say here's an example of 
a post that we know was created by or was amplified by China, 
Russia, Iran, North Korea--whatever it may be. In 2016 and 
2017, we were able to pull exact examples and to be able to 
list them, post them, and say this was Russian created. Here's 
where it started. Here's where it came from and to be able to 
expose it. How do we do that now as we're approaching this 
election, and foreign actors are trying to influence?
    Director Haines. We will do just that. So essentially the 
same playbook in that sense that we are identifying specific, 
credible intelligence. We are passing that to the companies or 
exposing it publicly, as the case may determine.
    Senator Lankford. Okay. Let me keep going, because I'll be 
limited in time, though I have mercifully seven minutes to be 
able to walk through this, but I'll still run out of time on 
this.
    Since we passed the Help America Vote Act, HAVA, as it's 
called at this point, there's been perpetual funding that's 
been sent out to multiple states to be able to improve their 
systems. It's been interesting. I pulled new numbers, because 
every state says: we can't improve our election systems, we 
don't have enough money on it. So, we pulled the recent 
spending and what people have and what they haven't spent 
already.
    Colorado--my colleague, Senator Bennet, just left--has 
received $15 million; has only spent 27 percent of that money.
    Hawaii has received 8 million; has spent 26 percent of it.
    Louisiana has received $14.5 million and has spent zero of 
that.
    So far, Maryland, $17 million; has spent 37 percent.
    Minnesota, $16 million; has spent 41 percent.
    Not to leave my own state out, Oklahoma has received 11 
million; we've spent 23 percent of that.
    Now, other states have spent more on it, but this money has 
been sitting there for years. This is not money that was 
allocated to them three months ago. Quite a bit of this funding 
was allocated to them years ago and they have not actually 
spent it.
    So my question is, Ms. Easterly, on this, how do we 
encourage states to be able to up their game on a couple of 
areas? One is learning the lesson of the unofficial results in 
their own websites and how to be able to protect those systems. 
That's an obvious area of creating distrust on election night 
if those are actually interfered with. The second one is old 
school paper ballot backups, so if there's a problem with the 
machine, everybody can verify it with a piece of paper.
    When we have states that have literally millions of dollars 
sitting there saying we don't have enough to be able to do 
this, when most of them do, how do we advance this?
    Director Easterly. Thanks for the question, Senator. So I 
can't speak to those statistics, and I'm happy to follow up on 
that. But I will say what we provide is the Sector Risk 
Management Agency, our no cost services and no cost training. 
So many of the states, in fact, thousands of jurisdictions, 
take advantage of the cybersecurity assessments, the free cyber 
hygiene scanning we provide, the endpoint detection and 
response that we have, the malicious domain blocking. So, all 
of that is in place across the country, so I know they're 
taking advantage of that. And that has significantly raised the 
bar from a cybersecurity perspective.
    I think your points about election night reporting are very 
good ones. One of the things that I think it's really important 
for everyone to remember is that those are all unofficial 
results, right? And they need to be canvased--they need to be 
certified--which takes days to weeks.
    Senator Lankford. But if it's announced on election night 
who won and then a week later, the state announces, oops! No, a 
different person won, that sows incredible distrust----
    Director Easterly. I agree.
    Senator Lankford [continuing]. Where now no one trusts the 
election results anymore. And while the election results were 
unofficial, if those are interfered with, that's a real 
vulnerability to building trust among the American people.
    Director Easterly. I agree with that, Sir. As I said in my 
opening statement, these systems are more secure than ever 
before. And election officials--to include Paul Ziriax who's 
your state election director--are terrific, are working 
incredibly hard to make sure that every one of their citizens 
votes are counted as cast. And I think it's really important 
that we focus on them because they're the true election experts 
and we listen to their voices and what they say. And so I would 
hope that anybody who is providing unofficial results would 
make sure that that state election director gets a voice in 
that--to say it's not canvased, it's not certified yet. So 
let's wait until it's certified.
    Senator Lankford. Okay, thank you. Mr. Chairman, I'm just 
going to ask a follow-up question on this and I'm going to have 
it done.
    Ms. Knapp, as far as the FBI and U.S. Attorneys offices 
following up on a criminal offense of voting, if you're not 
legally present in the country and you're voting in a federal 
election, that is a federal crime. What I'd love to be able to 
know, and I've not been able to get the statistics on, is how 
many prosecutions do we have across the country for a federal 
election crime? Is that actually being followed up on? Do we 
have a good number of both charges being filed and actual 
prosecutions on that for a federal election crime?
    I know in my state, we talked about Paul Ziriax in my state 
and what our district attorneys are doing in the state. If 
someone votes twice or whatever may be, the prosecution's there 
and they have a good history on that. I don't know on the 
federal side. Can you all provide that to me?
    Ms. Knapp. Sir, thank you very much for the question. What 
I do have in front of me right now is how many cases have been 
charged through the Department of Justice Task Force on 
Election Security. What I don't have is that second part, but I 
can at least give you a general number right now. So right now, 
the task force has charged 17 cases with a resulting 13 
convictions. But with respect to your subset question, I'm 
happy to take that back to my team and get you a more complete 
answer.
    Senator Lankford. Thank you.
    Chairman Warner. I think those HAVA numbers are pretty 
remarkable. I'm glad you shared those.
    Senator Lankford. Some states have spent 70, 80 percent of 
them; quite a few of our states spent 50 percent or less on 
HAVA numbers, and these are the most recent from just a couple 
of months ago.
    Chairman Warner. That's a very fair question. And on your 
question about how many federal violations, I thought there 
was, I mean, something in that range. I thought after the 2000 
election, I thought there was a canvass of--that had a 
relatively small, small number. But I think that might have 
been both state and federal.
    Let me move to a slightly different topic that is related 
to this. As I think you know, we're talking about AI being all 
the buzz at this point, but I think the nefarious nature of 
some of our adversaries of using a series of technology 
platforms. You know, the independent entities, Mandiant and 
Graphika, both companies that the Committee's very familiar 
with and that we've used, have reported that there are some of 
these gig employment companies, Freelancer and Fiverr are two 
that I think their reports indicated, where foreign governments 
are actually hiring, unwittingly, citizens in those countries--
targeted countries--and then in effect paying them to be 
influence operators. And even more specifically, Cameo, which I 
think goes after celebrities, depending--I'm not sure whether 
they're A, B, or C list--but has gone out and appeared to have, 
again, unwittingly enlisted celebrities to help on anti-Ukraine 
messaging.
    How are we thinking as we think about malicious use by 
foreign actors? You know, a couple of years ago, we would not 
have thought that a gig platform would be a tool for that kind 
of foreign influence. Anybody on the panel want to take that 
one?
    Director Haines. I'll start, and we'll play in. But I 
think, first of all, you're absolutely right. I think one of 
the key trends that I identified with the use of commercial 
firms--and some of them are witting and some of them are 
unwitting in this space--it's marketing firms, it's public 
relations firms, it's reputation management firms, it's gig 
firms. It's across the board and they're increasingly being 
relied on of launder covertly-directed narratives through media 
sources and social media platforms. And this complicates, 
obviously, attribution. And this is something that we're trying 
to get better at in a faster way.
    But part of the reason that they're doing this, right, is 
because these firms tend to be more nimble than their own 
intelligence services and government apparatus basically for 
taking action. They're also frequently more sophisticated in 
their capacity to actually promote influence campaigns. And so 
this is one of the things that we're watching. And in 2020, 
just to give you a sense of the scale of this, these types of 
firms we judge were involved in information manipulation in at 
least 48 countries by our count. So it is really becoming 
increasingly widespread, and it's one of the challenges that 
we're trying to manage in all----
    Director Easterly. I would only add that just last month we 
actually worked with FBI and DNI to put out an advisory that 
very specifically highlights these tactics, to include using 
proxy media, laundering it through PR, whether witting or 
unwitting, how to recognize it, and then mitigations around how 
to actually deal with these types of things. And we're doing 
separate training on it as well. So part of this is the 
awareness of it at the election official level and then what 
they need to do to mitigate it. Separately, though, the 
platform is an issue, obviously, that needs to be addressed 
directly.
    Ms. Knapp. Sir, thank you for the opportunity. We are 
obviously, like my colleagues, absolutely concerned with any 
sort of technology that our adversary uses. What I can say in 
this setting is when we have specific information on a 
particular company, we will directly engage with them. However, 
in absence of that, partnering with key partners like CISA and 
putting out the general awareness piece that allows companies 
to be more aware and more informed so they can mitigate that 
and spot it within their own systems.
    Chairman Warner. Well, one of the things I would suggest 
and that this Committee and Senator Rubio and I, I think, have 
done fairly effectively, was doing a series of classified 
briefs by industry sector around the challenges of the PRC. 
This is more specific, but I would hope that the FBI or DOJ 
might update their FARA, the foreign agent entities, that makes 
all of this activity illegal. That guidance ought to be 
updated. And I would strongly encourage some level of convening 
of these kind of platforms. Again, where do you draw the line? 
But if we have in open-source documentation from Graphika and 
Mandiant the fact that these platforms are being used, and its 
citizens are being unwittingly used now whether the platforms 
are unwitting or not, is maybe an open question. But if they 
realize that if they were wittingly helping foreign agents 
interfere, that would be a violation of the law, I think that 
would be a helpful process.
    Thoughts on that?
    Director Easterly. My main thought is one of the really 
great things since 2020 that's different now, Chairman, is we 
have the FMIC, which we didn't have before, which allows for 
those classified briefings. And I'll defer to Avril, but I 
think that is very much added value.
    Director Haines. I'll just say that I very much support the 
idea of getting the sector together and seeing whether or not 
we can enhance our capacity to get out to everybody, 
essentially, on these issues. So, absolutely.
    Chairman Warner. One thing I am concerned about, because I 
appreciate all of the comments and the outreach that CISA has 
done, but, you know, how do we in an appropriately nonpartisan 
way--? I've heard some reports that there are, not many, but a 
certain number of counties that are actually opting out of some 
of the voluntary tools that CISA has used in the past, like the 
Albert system, where I thought for a long time we had literally 
a level of cyber protection down to the county levels. But for 
whatever reason, certain counties are now opting out of that. I 
heard in Washington state. Is that kind of a one-off? Or I 
would just hate, as we get closer to the election, if the 
distrust of the federal government becomes such that people are 
literally turning away voluntary cyber and other educational 
protections.
    Director Easterly. The good news, Chairman, is that that's 
not accurate. The trend is actually states and local 
jurisdictions continue to take advantage of the no-cost 
voluntary services. With respect to the Albert sensors in 
particular, there's 1,083 sensors across the country. I think 
less than a handful--less than five--have not renewed their 
contract and that's for a variety of reasons, to include opting 
to use different technology for intrusion detection.
    So this is something we look at very closely, and I have no 
concerns. At the end of the day, as you know, Chairman, CISA is 
a nonpartisan, nonpolitical agency. And we cannot be effective 
unless we can work with election officials at the state and 
local level of both parties. So I'm very attuned to that, and I 
have not seen any significant changes in our ability to provide 
no cost services, information, and no cost voluntary training 
to election jurisdictions across the nation.
    Chairman Warner. I again turn to Senator Rubio for his 
closing comments, then I'll make one or two quick comments. You 
know, I think we--the whole system was shocked by 2016. And 
again, I think a lot of good work by this Committee to point 
out the level of Russian interference. And I still remember at 
first some of the tech companies refusing even to believe it. I 
think we then took action in 2018. I think, and again, I have 
repeatedly said, I think under the Trump Administration, we 
were very well prepared in 2020 because there was effective 
communication and a team that was working well together.
    I worry at times that in 2024, because of increasing 
distrust of any governmental entity, I worry in terms of social 
media platforms that don't seem to even try to have their users 
adhere to their own standards--these are not government 
standards--to their own standards. I worry in terms of some of 
these new AI tools that can operate at speed and scale that's 
unprecedented. And the fact that we've kind of all become a 
little bit almost immune to misstatements, mistruths, 
falsehoods.
    I share some of the concerns raised by a number of the 
Members, Director Haines, that we do need a kind of pre-
assigned process, especially if we're getting into those last 
30 days, or last week or so, before the election of who would 
report. I think this effort today that made the press, it 
probably is appropriate that the CIA itself responded. But as 
we get into those final days and weeks, having an approach--and 
again citing the 2020 example where in effect everyone across 
the board came out and called out the Iranians for their 
action. We need to not be game-time thinking that through with 
all of the potential forces that are coming to bear potentially 
on this election.
    Senator Rubio.
    Vice Chairman Rubio. Just to wrap this all up. First of 
all, I haven't focused as much on the CISA role because to me 
the technical aspects--it's not that it's easier technically, 
you know, protecting elections from people that are 
professional hackers that are constantly trying to get into 
everything from water systems to election systems to hospital 
systems. I mean, these people--this is what they do all day. So 
I'm not in any way diminishing the importance and the 
difficulty of it. I am pointing out, though, that it's 
technical, right? It's a red state, it's a blue state--they're 
both going to be equally impacted. They both are fertile 
ground, especially when you get down at the Congressional level 
and even in local elections.
    So the reason why I focused so much on election 
interference, on an election influence, and in particular 
foreign malign influence, is because that's a lot trickier. And 
just the threats, I don't know what this comes from. I think 
it's the one of the--yes, the assessment for foreign threats to 
'22. If you just go through this, you start to see one of the 
first things that it points out, which I think you see to this 
day, is that part of their effort is some of these operators 
are largely focused on amplifying what are already authentic 
beliefs in American politics, right? So these are people who 
already believe these things. And one of the things they do is 
they just simply amplify things that people are already saying. 
So what's the risk there? If you say that the Iranians or the 
Russians or the Chinese are amplifying a message, some people 
take that to mean if I believe in something that I've stood for 
for a long time, all of a sudden now I'm a Chinese agent or now 
I'm a Russian agent because I'm actually saying things on the 
campaign trail?
    And so you see, it for example, and it's also, you know, 
Iran proposed helping nationalist groups inside the U.S. And 
Iranian officials have advocated using covert social media to 
pit the extremist groups against each other, though more likely 
for use in 2024. This was written in '22. So obviously we're 
now in '24 and you see that. So that's just an effort to get 
Americans to fight and make us look weak internally.
    Then the other thing is that in October of '22, Twitter 
exposed three separate Iranian-based influence networks 
operating on the platform, generally supporting left-leaning 
U.S. politicians, including a range of House and Senate 
candidates. And according to industry reports, many exposed 
accounts espoused pro-Palestinian sentiments. At the same time, 
they expressed positive sentiments towards progressive 
candidates.
    Now you flip to the Russians. The Russians tried to 
denigrate the Democratic Party before the midterm and undermine 
confidence in the election, most likely to weaken U.S. support 
for Ukraine. So they denigrated the Democratic Party. They 
wanted--in particular, they amplified questions about whether 
U.S. aid to Ukraine would continue if the balance of power in 
Congress shifted. Their intent there is not that they're 
Republicans, but their intent there was to denigrate the 
Democratic Party because it furthered their aim, and in the 
process, also begin to influence our willingness to continue to 
be committed to helping Ukraine. You move on to others. So 
another one--that the Russians are blaming multiculturalism and 
leftist ideals for ostensibly driving the U.S. into a crisis. 
There are a lot of people that actually hold that view, 
irrespective of what the Russians believe. They're just 
amplifying what somebody has probably been saying for 15 years. 
That doesn't make that person a Russian agent. It just makes it 
more difficult on this.
    And then you have these unique cases--and this one in 
particular strikes home--because I think I know who they're 
talking about. We assessed the Cuba attempted to undermine the 
electoral process of specific U.S. Congressional politicians in 
2022 that they perceive as hostile. They focused their 
operations aimed at denigrating specific U.S. candidates in 
Florida, although in an attempt to shape the impression of 
other politicians as well, because they view Cuban-Americans in 
Miami as having an outsized influence on U.S. policy with 
regards to Cuba. And they also cultivated members of the U.S. 
media who held critical views of that Member of Congress. So I 
probably know who they're talking about. But the point--and 
obviously it was in '22, where I happened to be on the ballot, 
among others. But the point being is that that's a very 
specific aim.
    My whole point in all of this is you have the example that 
I've used about the fake AI video. Okay? And that's almost, I 
don't say it's an easy question, but that's a more obvious one. 
It's clearly a fake video. And I think what we want to know is: 
do we have a formalized process to act very quickly to say this 
thing is fake, even if we can't attribute it? You don't need to 
attribute it to be able in the last days of a campaign to at 
least protect the American people. And it has to be done in a 
way where the other side, who maybe hopes it's real, doesn't 
feel like you're tipping the scales in favor of your preferred 
candidate, right? To be blunt, let's say a video comes out 
that's fake about Trump, and the DNI comes out and says this 
video it's not a fake. Or let me do the reverse. A video that 
comes out about Biden and the DNI, yourself or whoever's in 
charge of coming out with this, says this video is a fake. I 
can see where people on the Trump side would say, well, that's 
just because you're trying to help Biden. It's probably a real 
video and the reverse would be true in a different scenario.
    So it's a hard thing to do, but someone has to be in charge 
of coming forward and at least saying it's fake, even if we 
can't attribute it. That's the obvious question. This one, the 
one I've just described about amplifying voices that are 
already out there in narratives, that's a lot tougher. I think 
the most we can say in that regard is, look, we know that these 
countries are doing this. They're not doing it because they're 
Democrats or Republicans. It serves some purpose--influencing 
Cuba policy, influencing Ukraine policy, making America look 
chaotic, getting groups to fight against each other. But this 
is what they're doing and let people make judgments as to how 
they take these narratives. It's tough.
    I don't have an easy answer for how we fix it or what the 
process should look like in terms of notifying people. I just 
know that this is going to get far more complex, and I predict 
it won't just be about elections. It will actually become in 
real time--it already is--on policy debates that we're having 
here. Should we have tariffs? Should we ban TikTok? Should we 
you-name-it? On a weekly basis, whatever the issue is here, I 
can see this becoming part of an influence even in our daily 
political debates.
    So we really need to get a handle on it. It's a tough one, 
but we really need to, because it's going to get far worse, far 
more sophisticated with many more players. And, I think, pose a 
grave danger at some point of turning into something that we 
haven't fully anticipated. And so I hope we can continue to 
work on finding a way forward, because I'm sure they'll be 
talking about it at this dais after we're both gone. This will 
still be a factor.
    Thank you.
    Chairman Warner. I agree with Senator Rubio. I think these 
are challenging times. But I think the only thing that I would 
hope we both agree on is that Americans have got plenty of 
differences between them. But if that amplification can 
literally be traced back to the Cuban spy services, and it 
appears that millions of Floridians are saying something that 
they're not really saying, I think the Floridians ought to know 
that that is not the case, that we can trace it back to the 
Cuban services or we can trace it back that these individuals 
who are posting things anti-Ukraine are actually being paid by 
Russia. If that proof is there, some of these things would 
violate--. Why I think the upgrading of the FARA bill--. There 
are restrictions against foreign agents taking these kind of 
actions. So it is a challenge. Technology is going to make it 
much, much harder. This will not be the last time that we deal 
with this.
    And please, for all of the folks who are in the row 
supporting you and more importantly, back at your respective 
agencies, we're going to count on you. This truly is, we always 
say, and politicians always say, particularly when they're up, 
this is the most important election ever. Even though neither 
one of us is up this time, this is the most important election 
ever.
    We're adjourned.
    (Whereupon the hearing was adjourned at 4:20 p.m.)
    
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