Senator to Supreme Court justice: Federal court hacks threaten US security

U.S. Senator Ron Wyden has sharply criticized the federal judiciary, labeling its response to a significant recent cyber breach as "negligence and incompetence." This criticism follows a hack that compromised confidential court documents, allegedly orchestrated by hackers with connections to the Russian government. The vulnerability in the judiciary's electronic case filing system was first highlighted in a Politico report three weeks ago. It revealed that the weaknesses exploited in the latest breach had been known since 2020. According to The New York Times, sources familiar with the situation indicated that Russia bore some responsibility for this cyber intrusion. The breach affected two interconnected filing systems: CM/ECF (Case Management/Electronic Case Files) and PACER. Reports indicate that a similar attack had already been detected back in 2020. The most recent compromise was first identified around July 5, as reported by Politico, which cited anonymous sources not authorized to speak publicly. This alarming discovery comes just a month after Michael Scudder, a judge leading the Committee on Information Technology for the federal courts, informed the House Judiciary Committee about the persistent threat posed by increasingly sophisticated cybercriminals targeting the federal court system. The CM/ECF system allows parties involved in federal cases to electronically submit pleadings and other court documents. While many of these documents are publicly accessible, some are sealed due to ongoing criminal investigations, classified intelligence, or sensitive information in civil cases. In a letter addressed to Chief Supreme Court Justice John Roberts, who oversees the federal judiciary, Wyden expressed deep concern over the exposure of sensitive information that jeopardizes national security. He criticized the judiciary for not adhering to security protocols that are standard across most federal agencies and in private industry. Wyden stated, "The federal judiciary’s current approach to information technology is a severe threat to our national security. The courts handle some of our nation's most confidential and sensitive information, including national security documents that could reveal sources and methods to our adversaries, as well as sealed criminal charging and investigative documents that could allow suspects to evade justice or threaten witnesses."