The US federal judiciary has been warned about the risks of foreign interference in election-related litigation and the spread of misinformation during the upcoming 2024 election season. US Circuit Judge Michael Scudder, chair of the committee on information technology for the federal courts, issued the warning at a meeting of the US Judicial Conference in Washington, D.C.
“Now is a time when everyone in the judiciary needs to stay alert and be extra smart and vigilant in all aspects of our use and monitoring of our systems,” Scudder told reporters. He cited reports from US intelligence agencies indicating that foreign adversaries see the election season as an opportunity to spread misinformation and sow doubt about the stability of the US government.
Last month, US intelligence accused Iran of launching cyber operations against the campaigns of both US presidential candidates, including a hacking operation targeting Republican former President Donald Trump’s campaign. Scudder noted that while there are no known current cyber threats involving the courts, the judiciary must presume it faces the same risk as the nation as a whole. “It takes really no imagination in our view to see election-related litigation potentially hit the courts again this upcoming cycle,” he said.
Judiciary urged to bolster cybersecurity
In 2020, three “hostile foreign actors” breached the federal judiciary’s document-filing system, according to disclosures made by Democratic Representative Jerrold Nadler in 2022. The cyberattack prompted the judiciary to change how it handles sensitive documents at the lower-court level.
The Judicial Conference continues to prioritize cybersecurity to protect the integrity of the judiciary. Measures implemented since the 2020 breach include increasing multi-factor authentication and encouraging the use of government equipment over personal devices. Judge Scudder emphasized the importance of judiciary staff taking robust cybersecurity precautions, such as updating passwords and being careful about what they click on.
Maintaining a secure cyber environment is seen as crucial to ensuring the judiciary can function effectively during the turbulent election period.
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