[Congressional Record Volume 171, Number 64 (Wednesday, April 9, 2025)]
[Senate]
[Pages S2508-S2509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF SEAN PLANKEY
Mr. WYDEN. Mr. President, I must object to the Senate proceeding to
the nomination of Sean Plankey of Pennsylvania, to be Director of the
Cybersecurity and Infrastructure Security Agency (CISA), Department of
Homeland Security.
Since July 2022, I have repeatedly urged CISA to release an
important, unclassified report by independent cybersecurity experts
that the Agency commissioned, titled ``U.S. Telecommunications
Insecurity 2022.'' Congress and the American people have a right to
read this report, and until CISA releases it, I must object to this
nomination.
CISA permitted my staff to read the report in person at the Agency's
office in the fall of 2023. However, CISA has marked this unclassified
report ``For Official Use Only'' and has refused to provide copies of
the report to Congress and in response to FOIA requests from the
public. I directly asked then-CISA Director Jen Easterly to release the
report in a February 27, 2024, phone call; however, she continued to
stonewall my requests until she left office in January 2025.
CISA has to date refused to release the report by making a claim that
the report is predecisional and deliberative and protected by a so-
called ``deliberative process privilege.'' Setting aside that a FOIA
exemption does not apply to disclosures to Congress, based on my
staff's review of this report, this report is a technical document
containing factual information about U.S. telecom security. The report
does not recommend or discuss specific policy options that CISA could
take to address this threat. As such, this report contains important
factual information that the public has a right to see and CISA should
stop withholding the entire report under a purported ``deliberative
process privilege'' claim.
On February 29, 2024, I wrote to then-President Biden, urging the
administration to take action to address the serious national security
threat posed by foreign governments exploiting U.S. phone carriers'
weak cybersecurity. In that letter to then-President Biden, I stated
that ``CISA is actively hiding information about [the threat] from the
American people . . . CISA refuses to publicly release this
unclassified report, which includes details that are relevant to
policymakers and Americans who care about the security of their
phones.'' The Biden administration took no action in response to my
letter.
CISA's inaction on telecommunications security prompted the Agency's
top telecommunications security expert to file a whistleblower report
with the Federal Communications Commission (FCC) in the summer of 2024.
Citing his access to nonpublic reports and other ``very concerning
information,'' the CISA official told the FCC that ``there have been
numerous incidents of successful, unauthorized attempts to access the
network user location data of communications service providers
operating in the USA.'' He added that foreign surveillance went beyond
location tracking and included ``the monitoring of voice and text
messages'' and ``the delivery of spyware to targeted devices.''
CISA's multiyear cover up of the phone companies' negligent
cybersecurity has real consequences. In a November 2024 joint
statement, CISA and the Federal Bureau of Investigation confirmed that
the Chinese Government hacked ``multiple telecommunications companies
to enable the theft of customer call records data, the compromise of
private communications of
[[Page S2509]]
a limited number of individuals who are primarily involved in
government or political activity, and the copying of certain
information that was subject to U.S. law enforcement requests pursuant
to court orders.'' Vice President Vance subsequently revealed that his
communications and those of President Trump were compromised in this
hack. This espionage incident, and the harm to U.S. national security
caused by it, were the direct result of U.S. phone carriers' failure to
follow cybersecurity best practices, such as installing security
updates and using multifactor authentication, and Federal Agencies
failing to hold these companies accountable.
The Federal Government still does not require U.S. phone companies to
meet minimum cybersecurity standards. While it is too late to prevent
the Salt Typhoon hack, there is still time to prevent the next
incident. As such, I intend to object to considering this nominee until
CISA agrees to release this report, which will enable Congress and the
public to better understand the current threats and the need for
stronger cyber defenses.
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