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Sunday 12 March 2023

McCarthy returns to his home state to rally beleaguered California Republicans


SACRAMENTO, Calif. — House Speaker Kevin McCarthy rallied Republicans in his home state Saturday, urging California GOP delegates to be hopeful despite their dismal showing in recent years.

McCarthy, addressing the state party for the first time since he clinched the speakership with a 5-seat majority, pointed to November as evidence that Republicans can be relevant in California, where the GOP hasn’t won a statewide race since 2006 and Democrats have a supermajority in the Legislature.

“Do not believe we cannot win here,” McCarthy told delegates. “We won a majority in the House by defeating the speaker in this state by winning five more Congressional seats in California.

McCarthy’s speech comes as California Republicans could be poised to play an important role in the March 2024 primary, which is early enough in the year that the state’s large delegate pool could influence a potential race between former President Donald Trump and Florida Gov. Ron DeSantis.

The speaker avoided presidential politics in his speech at a downtown hotel, though he did take cracks at Rep. Adam Schiff, who is running to replace retiring Sen. Dianne Feinstein, and Gov. Gavin Newsom for his support of a high-speed rail system planned to eventually cut through the state’s Central Valley.

“The only thing I think Gavin spends more time on than high speed rail is spending time on his hair,” McCarthy said.

The speaker, who is from the Central Valley city of Bakersfield, is in familiar territory in Sacramento, where he served in the Assembly as the Republican leader before he was elected to Congress. His influence is welcome to a party that has fallen on hard times in California.

“He may be the highest-ranking Republican in the nation,” said California Republican Party Chair Jessica Millan Patterson, who was picked for the job by McCarthy in 2019. “But as a California Republican, he will always be one of us.”

While the speaker and Patterson avoided talk of the presidential race, it was clearly on the minds of many at the weekend convention.

Trump was by far the dominant name at the convention, with vendors hawking bedazzled “Let’s Go Brandon” hats, MAGA flags and rhinestone-encrusted purses shaped like stilettos and guns emblazoned with “Trump.” But many spoke fondly of DeSantis.

“I know what I get with Trump,” said Susan Walsh, a delegate from Nevada County who was attending the convention with her dog, a Portuguese podengo named Trump. “I want DeSantis to stay [in Florida], just in case I need to flee.”

Marty Miller, a resident of nearby Lincoln, Calif., was the only vendor offering DeSantis merchandise on Friday, including a blue “DeSantisland” t-shirt written in Disney font.

A native of Florida, Miller said California Republicans are open to DeSantis, but many are waiting to see what Trump does.

“They like Trump,” he said. “But he’s got to keep his mouth shut.”



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Judge denies media access to records in Mar-a-Lago grand jury fight


A federal judge has rejected a bid by media organizations to gain access to records related to a dispute over compliance with a grand jury subpoena for classified documents stored at former President Donald Trump’s Florida estate.

The chief judge of the U.S. District Court in Washington, Beryl Howell, issued an order Saturday turning down efforts by news outlets, including POLITICO, to obtain the legal pleadings related to the fight, as well as transcripts of related closed-door court sessions.

News organizations attempted in December to gain access to a proceeding Howell held with Trump’s lawyers reportedly relating to contempt proceedings connected to Trump’s compliance with the Mar-a-Lago documents probe, but the judge declined to admit a passel of journalists who had gathered in the hallway outside her courtroom to seek entry to the hearing.

In her latest six-page ruling, Howell said revealing any of the records publicly would invade grand jury secrecy.

“Responding to petitioners’ request would be infeasible without disclosing grand jury material because, if the government asked to hold the former president in contempt, as petitioners allege, that request would have been part of an effort to secure compliance with the grand jury Subpoena,” wrote Howell, taking care not to confirm any details of the battle. “The requested filings would invariably and consistently touch on ‘matters occurring before the grand jury.’”

Howell noted news reports about prosecutors’ efforts to seek contempt proceedings over allegedly inadequate efforts by Trump lawyers to locate documents with classification markings related to the ongoing probe headed by special counsel Jack Smith.

Last month, Howell denied a similar access request from POLITICO and The New York Times for information about privilege battles relating to prosecutors’ efforts to call former White House aides before a grand jury investigating attempts to interfere with the certification of the 2020 presidential election.

But last month, Howell also opted to unseal several significant filings in a grand jury matter connected to Rep. Scott Perry (R-Pa.), a key ally in Trump’s effort to overturn the 2020 election. Howell said the grand jury materials in that case could be released in part because the court of appeals held public arguments about the matter that revealed details that had previously been public.

Howell, an appointee of President Barack Obama, is set to end her seven-year term as chief judge next week. Grand jury-related matters not resolved by then are expected to be transferred to her successor, U.S. District Court Judge James Boasberg, also an Obama appointee.



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California members of Congress to be briefed on Silicon Valley Bank failure


Members of California's congressional delegation are set to be briefed Saturday afternoon by officials from the Federal Deposit Insurance Corporation amid jitters about the downfall of the Silicon Valley Bank, according to two people familiar with the situation.

The Northern California bank’s Friday collapse marked the nation's largest bank failure since the 2007 financial crisis and has raised concerns about ripple effects throughout the rest of the economy.

Rep. Ro Khanna (D-Calif.), who represents Silicon Valley, said early Saturday on Twitter he wanted to ensure the bank’s depositors would be protected.

“The Treasury Department and FDIC must communicate loudly and clearly that depositors will be protected,” he wrote. “The investors and executives of SBV should bear risk and lose. But this should not mean that workers go without paychecks on Monday or small businesses collapse.”

Most of Silicon Valley Bank’s deposits were not insured by the FDIC because they were over the $250,000 limit for federally backed deposits. The bank’s depositors had included many Silicon Valley startups and health care businesses that are now scrambling to meet payroll demands after the bank’s failure.

The briefing comes as California lawmakers also brace for flooding in their state after heavy storms. The extreme weather could help alleviate drought conditions but could also bring heavy property damage in certain areas.



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Saturday 11 March 2023

High schoolers take on what Biden can’t: Making college cheaper


There’s a two-for-one special that’s become a popular tactic for teens looking to lower the cost of a college degree: dual enrollment programs.

Community colleges saw a 12 percent spike this academic year in these programs, which allow high school students to take their classes and simultaneously apply the credits toward a diploma and an associate degree. Governors in Arizona and Florida, and elsewhere, have been pushing to expand dual enrollment options as a way to streamline the path from high school to the workforce or quicken the path to a bachelor’s degree.

While the Biden administration’s free community college agenda remains stalled on Capitol Hill, some college advocates see dual enrollment as a way to trim the cost of school before students take out hefty loans that have become increasingly difficult to repay.


“It's dead at the federal level, and what does the free community college movement do, just keep pounding on the same message that's not working?” said Alex Perry, organizer of the College in High School Alliance, a coalition of national, state and local organizations that support dual enrollment and early college programs.

“Or, do they reset and start thinking about how do we find things that resonate with both Democrats and Republicans and have the byproduct of providing students with free community college?” he said. “In my mind, I've just described dual enrollment.”

Nearly all states have dual enrollment policies. Schools, districts or states fund about 78 percent of these programs, according to the Education Department. In 26 states, dual enrollment tuition is free to students through public funding, while families in 12 other states shoulder the costs for the program.

Although many school districts are seeking out partnerships with local colleges on their own, some states are looking to bolster programs. In Arizona, Democratic Gov. Katie Hobbs announced in January a $20 million dollar increase in funding to support dual enrollment throughout the state. The Washington state legislature is weighing bills to expand access to dual enrollment.

And in Florida, Republican Gov. Ron DeSantis has proposed a scholarship program for K-12 teachers to teach dual enrollment courses on high school campuses to expand access, and has even floated it as an alternative to Advanced Placement courses amid his public feud with the College Board.

“[Dual enrollment is] a win-win all the way around, and it really is looking at redesigning the high school experience of the future,” said Miami Dade College President Madeline Pumariega, who added that the programs could make a degree more affordable, especially since some states offer the courses at no extra charge to students.

Dual enrollment has nearly doubled between fall 2011 and fall 2021, an increase of about 510,000 students, according to the Community College Research Center. One in five community college students nationally are dual enrollment participants. And since the onset of the pandemic, colleges and school districts have been working to ease requirements that previously restricted which high school students could enroll in their courses.

The resulting uptick in dual enrollment students has spurred a small increase in overall community college attendees from the last academic year — a much needed boost after those institutions faced the worst enrollment plunges due to the pandemic.

Pumariega said Miami Dade’s program has seen unprecedented growth this year largely because of Florida’s embrace of the policies. During the pandemic, the state ran a pilot program that allowed students to qualify to take the classes without the PERT, a state-issued standardized test for college. Additionally, school districts and the Florida College system’s joint partnership makes it so that those credits are offered to families at no charge.

Some students may even be able to complete an entire associates degree while in high school, and it allows students to earn college credit through their coursework rather than a test, such as the exam required after completing an Advanced Placement course.

Similar to Florida, Louisiana also eased its requirements to participate in dual enrollment because barriers, including standardized tests requirements, transportation and cost, often can make the program less accessible for underrepresented students.

“The ACT was a sole requirement for students to access dual enrollment,” said Tramelle Howard, Louisiana state director for The Education Trust, a nonprofit that advocates for advancing equity in education. “Historically, for students of color, for example, if the ACT requirement in Louisiana was a 19, and the average ACT score of Black students was 16.5, just from the eligibility requirements alone, you were keeping out a large portion of students.”

For years, Gov. John Bel Edwards has been pushing to expand access to dual enrollment. After the Democratic governor’s failed bid to make the courses free for high school juniors and seniors because of discussions on how to pay for it in 2019, the state legislature passed a bill to create a Statewide Dual Enrollment Task Force.

How to fund the program is something the state is still working through, Howard said, and The Education Trust will be pressing the state legislature for $25.3 million to support dual enrollment.

In South Carolina, the state uses lottery funds to help waive some tuition costs for some students, but tuition costs and fees for dual enrollment are also covered by families. Some colleges and districts are taking on partnerships to share the cost of providing the programs.

Greenville Technical College entered a new agreement with its local Greenville County School District after the pandemic which has boosted its dual enrollment program by 38 percent, according to Larry Miller, the college’s vice president for learning and workforce development. The college also saw significant increases in Black and Latino students, who have been underrepresented, enrolling in the program when they changed their admissions process like Florida and Louisiana have.

The college has also been key in providing access to courses in welding and other hands-on technical education to help high schoolers build skills that they can apply to a job or a certificate, a path Republicans in Congress have long touted as an alternative to a traditional college.

This week, President Joe Biden urged Congress to fund what his administration called the “Career-Connected High Schools initiative,” which would dole out $200 million for programs that align high school and college by expanding access to dual enrollment, work-based learning and college and career advising for students in high school.



But on the federal level, there has not been much innovation to advance dual enrollment beyond an Obama-era experiment that allowed some low-income high school students to use Pell Grants to fund college coursework. The Education Department said it is still working on a final report on key findings from the experiment.

Lawmakers on both sides of the aisle have been cautious about expanding Pell Grant eligibility to high school students, especially since the program has a lifetime Pell eligibility cap of about six years.

“While we are supportive of expanding the Pell Grant for high-quality credentials that prepare students for the workforce, the Pell Grant should remain a resource for low and middle-income Americans pursuing postsecondary education options,” Education and the Workforce Committee Chair Virginia Foxx (R-N.C.) told POLITICO. “Expanding Pell Grants to high school students would be an inappropriate expansion of the federal government.”

The way dual enrollment is funded varies by state. And for some colleges, it can be costly to provide those programs, according to the CCRC, because some colleges offer dual enrollment courses at a lower tuition rate to high school students. But dual enrollment can become “more efficient as the numbers enrolling in DE grow,” researchers said.

“There needs to be some kind of funding to support the community college costs,” Perry, the organizer with the College in High School Alliance, said. “But I think we have a long way to go in terms of figuring out how to do this in a way that not just works for students, but also unlocks the ability for high schools and for colleges to offer these courses, particularly for underrepresented student populations who don't have access right now.”



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Liberal groups raise 'grave concerns' about Biden judicial pick


Several liberal advocacy organizations are expressing serious doubts about President Joe Biden’s nominee to the First Circuit Court of Appeals, highlighting his handling of a school sexual assault case.

In a memo sent to Democrats on the Judiciary Committee and obtained by POLITICO, the National Women’s Law Center, the Leadership Conference on Civil and Human Rights, and People for the American Way expressed “grave concerns” about Michael Delaney’s nomination.

"A look at Delaney’s legal career includes an egregious lack of respect for the privacy, safety, and rights of survivors and an apparent endorsement of the practices schools so often use to intimidate survivors into silence,” the groups wrote. “We urge senators to further examine Delaney’s record and background and ensure they are not complicit in pushing survivors of sexual misconduct further into the shadows."

The controversy surrounding Delaney’s nomination is unusual for a Biden judicial pick, compounded with further concerns voiced by some Democratic members on the panel. The New Hampshire judicial nominee is under particular scrutiny for his representation of St. Paul’s School in a school sexual assault case. During that case, Delaney filed a motion that would have allowed the plaintiff, who was a minor, to remain anonymous only if she and her representatives agreed not to speak about the case publicly during the litigation.

The victim in the case, Chessy Prout, went public and a settlement was eventually reached in 2018. Prout recently wrote an op-ed in the Boston Globe encouraging the White House to withdraw Delaney's nomination. During his confirmation hearing, Delaney said he was an "advocate" for St. Paul's, and that the school "felt that the request to restrict [Prout's] lawyers from trying the case in the media was compatible with her desire to proceed with privacy and anonymity.”

Delaney, a former New Hampshire attorney general, has strong support from his home state Democratic senators, Jeanne Shaheen and Maggie Hassan, as well as the White House. Hassan and Shaheen have made the case for his confirmation broadly to their colleagues, including at the caucus lunch this past week.

Delaney’s allies also highlight support from Susan Carbon, former President Barack Obama’s director of the office of violence against women, who wrote that he was "instrumental" in making changes designed "to improve the civil and criminal justice systems for victims of crime" in New Hampshire. Other endorsements include four former New Hampshire Supreme Court justices, appointed by both parties, and 29 past presidents of the New Hampshire Bar Association.

“The strong support for Michael Delaney from legal experts, survivor advocates and lawmakers spanning the political spectrum speaks to his qualifications, ethics and commitment to justice throughout his nearly thirty-year career,” said Sarah Weinstein, a Shaheen spokesperson. “Senator Shaheen believes that both his record and strong backing from individuals in the advocacy and legal sectors underscore his qualifications.”

Laura Epstein, a Hassan spokesperson added that "Delaney’s strong, bipartisan support from a wide cross-section of leaders ... underscores his deep commitment to justice and why he will make for an excellent First Circuit Judge."

White House spokesperson Seth Schuster said the White House "has the utmost respect for sexual assault and domestic violence survivors and expects senators to take Mr. Delaney's full record into account when considering his nomination — as the White House did before nominating Mr. Delaney to the First Circuit."

The Senate Judiciary Committee is slated to take up Delaney’s nomination next week, but that is likely to change depending on attendance. Sen. Dianne Feinstein (D-Calif.) has been out of the Senate recovering from shingles. Senate Republicans, meanwhile, have made the school sexual assault case a key focus and are not expected to support his nomination. While no Democrats have come out publicly against Delaney, it's not clear he has the votes to get through committee.



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George Santos denies involvement in 2017 credit card scam


Rep. George Santos said he is “innocent” in response to questions about his alleged involvement in a 2017 credit card skimming operation, CNN reported on Friday.

Santos, who also goes by Anthony Devolder, told reporters on Capitol Hill he “never did anything of criminal activity” and that he had “no mastermind event,” CNN reports.

Santos’ comments come after POLITICO exclusively reported that his former roommate, Gustavo Ribeiro Trelha, claimed Santos oversaw the credit card operation. Trelha, who was convicted of the 2017 crime and was deported to Brazil, sent a sworn declaration to federal authorities on Wednesday detailing Santos' alleged role.

“I am coming forward today to declare that the person in charge of the crime of credit card fraud when I was arrested was George Santos / Anthony Devolder,” Trelha wrote in the declaration.

Santos, a freshman Republican congressman from New York, has faced backlash for lying about his ancestry, education and previous jobs while campaigning to represent the swing district. He now faces a House panel investigation, as well as state, federal and Brazilian law enforcement probes for a range of possible crimes. He's admitted to embellishing his resume but has denied any wrongdoing.



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White House sets its sights on cloud overhaul


Governments and businesses have spent two decades rushing to the cloud — trusting some of their most sensitive data to tech giants that promised near-limitless storage, powerful software and the knowhow to keep it safe.

Now the White House worries that the cloud is becoming a huge security vulnerability.

So it’s embarking on the nation’s first comprehensive plan to regulate the security practices of cloud providers like Amazon, Microsoft, Google and Oracle, whose servers provide data storage and computing power for customers ranging from mom-and-pop businesses to the Pentagon and CIA.

The cloud has “become essential to our daily lives,” Kemba Walden, the acting national cyber director, said in an interview. “If it's disrupted, it could create large potentially catastrophic disruptions to our economy and to our government.”



In essence, she said, the cloud is now “too big to fail.”

The fear: For all their security expertise, the cloud giants offer concentrated targets that hackers could use to compromise or disable a wide range of victims all at once. The collapse of a major cloud provider could cut hospitals off from accessing medical records; paralyze ports and railroads; corrupt the software that help financial markets hum; and wipe out databases across small businesses, public utilities and government agencies.

“A single cloud provider going down could take down the internet like a stack of dominos,” said Marc Rogers, chief security officer at hardware security firm Q-Net Security and former head of information security at the content delivery provider Cloudflare.

And cloud servers haven’t proved to be as secure as government officials had hoped. Hackers from nations such as Russia have used cloud servers from companies like Amazon and Microsoft as a springboard to launch attacks on other targets. Cybercriminal groups also regularly rent infrastructure from U.S. cloud providers to steal data or extort companies.

Among other steps, the Biden administration recently said it will require cloud providers to verify the identity of their users to prevent foreign hackers from renting space on U.S. cloud servers (implementing an idea first introduced in a Trump administration executive order). And last week the administration warned in its national cybersecurity strategy that more cloud regulations are coming — saying it plans to identify and close regulatory gaps over the industry.



In a series of interviews about this new, tougher approach, administration officials stressed that they aren’t giving up on the cloud. Instead, they’re trying to ensure that rapid growth doesn’t translate to new security risks.

Cloud services can “take a lot of the security burden off of end users” by relieving them of difficult and time-consuming security practices, like applying patches and software updates, said Walden. Many small businesses and other customers simply lack the expertise and resources to protect their own data from increasingly adept hackers.

The problems come when those cloud providers aren’t providing the level of security they could.

So far, cloud providers have haven’t done enough to prevent criminal and nation-state hackers from abusing their services to stage attacks within the U.S., officials argued, pointing in particular to the 2020 SolarWinds espionage campaign, in which Russian spooks avoided detection in part by renting servers from Amazon and GoDaddy. For months, they used those to slip unnoticed into at least nine federal agencies and 100 companies.

That risk is only growing, said Rob Knake, the deputy national cyber director for strategy and budget. Foreign hackers have become more adept at “spinning up and rapidly spinning down” new servers, he said — in effect, moving so quickly from one rented service to the next that new leads dry up for U.S. law enforcement faster than it can trace them down.

On top of that, U.S. officials express significant frustration that cloud providers often up-charge customers to add security protections — both taking advantage of the need for such measures and leaving a security hole when companies decide not to spend the extra money. That practice complicated the federal investigations into the SolarWinds attack, because the agencies that fell victim to the Russian hacking campaign had not paid extra for Microsoft’s enhanced data-logging features.



“The reality is that today cloud security is often separate from cloud,” Anne Neuberger, the deputy national security adviser for cyber and emerging technology, said last week during a roll-out event for the new cyber strategy. “We need to get to a place where cloud providers have security baked in with that.”

So the White House is planning to use whatever powers it can pull on to make that happen — limited as they are.

“In the United States, we don't have a national regulator for cloud. We don't have a Ministry of Communication. We don't have anybody who would step up and say, ‘It's our job to regulate cloud providers,’” said Knake, of the strategy and budget office. The cloud, he said, “needs to have a regulatory structure around it.”

Knake’s office is racing to find new ways to police the industry using a ‘hodgepodge’ of existing tools, such as security requirements for specific sectors — like banking — and a program called FedRAMP that establishes baseline controls cloud providers must meet to sell to the federal government.

Part of what makes that difficult is that neither the government nor companies using cloud providers fully know what security protections cloud providers have in place. In a study last month on the U.S. financial sector’s use of cloud services, the Treasury Department found that cloud companies provided “insufficient transparency to support due diligence and monitoring” and U.S. banks could not “fully understand the risks associated with cloud services.”

But government officials say they see signs that the cloud providers’ attitude is changing, especially given that the companies increasingly see the public sector as a source for new revenue.

“Ten years ago, they would have been like, ‘No way,’” said Knake. But the major cloud providers “have now realized that if they want the growth that they want to have, if they want to be within critical sectors, they actually not only need to not stand in the way, but they need to provide tools and mechanisms to make it easy to prove compliance regulations,” he said.

The push for more regulations isn’t getting immediate objections from the cloud industry.

“I think that that's highly appropriate,” said Phil Venables, Google’s chief information security officer.

But at the same time, Venables argued that cloud providers are subject to plenty of regulation already, pointing to FedRAMP and the requirements cloud providers must satisfy in order to work with regulated entities such as banks, defense industrial base companies and federal agencies — the very tools Knake described as “hodgepodge.”

The White House outlined a more aggressive regulatory regime in its new cyber strategy. It proposed holding software makers liable for insecure code and imposing stronger security mandates on critical infrastructure companies, like the cloud providers.



“The market has not provided for all the measures necessary to ensure that it’s not being inappropriately used, that it’s resilient, and that it’s being good caretakers of the small and medium-sized business under its umbrella,” said John Costello, the recently departed chief of staff in the Office of the National Cyber Director.

Cloud computing companies are “eager” to work with the White House on a “harmonized approach to security requirements across sectors,” said Ross Nodurft, executive director of the Alliance for Digital Innovation, a tech trade group whose members include cloud giants Palo Alto Networks, VMWare, Google Cloud and AWS — the cloud computing arm of Amazon. He also said that companies already comply with existing “extensive security requirements” for specific industries.

A spokesperson for Microsoft, which is not a member of ADI, referred POLITICO to a Thursday blog post from a Microsoft executive making similar assertions that the company looks forward to working with agencies on crafting appropriate regulations. Amazon said in a statement that it prioritizes security but did not address the question of whether it supports additional regulation. Oracle did not respond to a request for comment.

If the government fails to find a way to ensure the resilience of the cloud, it fears the fallout could be devastating. Cloud providers have effectively become “three or four single points of failure” for the U.S. economy, Knake said.

According to a 2017 study from the insurance giant Lloyds, an outage at one of the top three cloud providers lasting between three and six days could cause $15 billion in damages.

Such a collapse could be triggered by a cyberattack on a major cloud provider, a natural or human-caused disaster that disrupts or cuts power to a major data center, or simply a failure in the design and maintenance of a core cloud service.

If the White House can’t get the results it wants through using existing regulations and cajoling companies into improving practices voluntarily, it will have to hit up Congress. And that could be its biggest hurdle.

Some Republicans have already criticized the White House’s national cybersecurity strategy for its heavy emphasis on regulation.



“We must clarify federal cybersecurity roles and responsibilities, not create additional burdens, to minimize confusion and redundancies across the government,” Rep. Mark Green (R.-Tenn.), the chair of the House Homeland Security Committee, and Rep. Andrew Garbarino (R-N.Y.), head of its cyber and infrastructure protection subcommittee, said in a statement last week.

As gatekeepers of the House Homeland Security Committee, Garbarino and Green wield de facto veto power over any major cybersecurity legislation that the White House might send Congress.

In the short term, that eliminates the possibility of the more ambitious cloud policy proposals outlined or hinted at in White House’s new strategy

That could mean that the administration will have to increase pressure on the companies to do more on their own.

Trey Herr, a former senior security strategist who worked in cloud computing at Microsoft, said cybersecurity agencies could, for example, require the heads of the major cloud providers to appear before top government cyber brass on a semi-regular basis and prove that they’re taking adequate steps to manage the risk within their systems.

The major cloud providers “have plenty of ways to talk about the security of one product, but few to manage the risk of all those products tied together,” said Herr, who is now the director of the Atlantic Council’s cyber statecraft initiative.

“It’s one thing to do a good job building a helipad on the top of your house,” he said. But no one is asking if the house is built to handle that helipad in the first place.”



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