The US Senator Ron Wyden accused the federal judiciary of “negligence and incompetence” after a recent hack, reportedly by hackers with ties with the Russian government, who exposed confidential court documents.
The violation of the electronic archiving system of the judiciary first came to light three weeks ago in a report from Polico, which further went that the vulnerabilities operated in the hack were known since 2020. The New York Times, with reference to people who were familiar with the intrusion, said that Russia was “at least partially responsible” for the hack.
A “serious threat” for national security
Two overlapping archive platforms – one known as the CM/ECF (Case Management/Electronic Files) and the other Pacer – were violated in 2020 in an attack that resembled the most recently reported reported. The second compromise was detected for the first time around July 5, Politico reported, referring to two public sources that were not authorized to talk to reporters. The discovery of the hack came one month after Michael Scudder, a judge who is chairman of the Information Technology Committee for the national policy body of the federal courts, told members of the House Judiciary Committee that the federal court system is constantly being attacked by more and more advanced hackers.
The CM/ECF applies the parties in a federal case to submit pleadings and other judicial documents electronically. In many cases, those documents are public. In some circumstances, the documents are submitted under seal, usually when they concern continuing criminal investigations, classified information or their own information in civil matters. Wyden, an American senator from Oregon, said in a letter to the most important Supreme Court Justice John Roberts – who supervises the federal judiciary – that exposes sensitive information that endangers national security. He then criticized the judiciary for not following security practices that are standard in most federal agencies and the private industry.
“The current approach to the federal judiciary of information technology is a serious threat to our national security,” Wyden wrote. “The courts are entrusted to some of the most confidential and sensitive information from our nation, including national security documents that can reveal sources and methods to our opponents, and sealed criminal and research documents that can flee suspects for justice or witnesses.”