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https://www.wsj.com/articles/some-cyber-experts-want-to-investigate-hacks-like-plane-crashes-11628069401


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 * Pro Cyber News


SOME CYBER EXPERTS WANT TO INVESTIGATE HACKS LIKE PLANE CRASHES


AS BIDEN’S PROPOSED CYBER REVIEW BOARD FACES QUESTIONS ABOUT INDEPENDENCE AND
AUTHORITY, ADVOCATES PUSH FOR NTSB-LIKE FRAMEWORK

THE NTSB LAST MONTH STOPPED USING A RECONSTRUCTION OF THE WRECKAGE FROM THE 1996
CRASH OF TWA FLIGHT 800 AS A TRAINING AID FOR INVESTIGATORS.

Photo: Chip Somodevilla/Getty Images
By
David Uberti
Close


DAVID UBERTI

 * Biography
 * @daviduberti
 * david.uberti@wsj.com

Aug. 4, 2021 5:30 am ET

Print

Text


President Biden in May ordered the Department of Homeland Security to create a
public-private board to investigate major hacks but offered few details on how
the initiative would work. Some security wonks say the administration should
look to transportation disasters for clues.

Scott Shackelford, chair of Indiana University Bloomington’s cybersecurity
program, is among a group of academics who have advocated for a separate agency
outside of DHS to dissect hacks the way the National Transportation Safety Board
does plane crashes and other transit accidents. While he applauded Mr. Biden’s
executive order for taking a step toward the idea, he fears it could stall as
criminal hacking groups target more U.S. businesses.

“It took decades for us to land on that model in transit,” said Mr. Shackelford,
who is presenting his case Wednesday at the Black Hat USA cybersecurity
conference in Las Vegas. “Ideally, we won’t still be talking about this [for
cybersecurity] in 2040.”

Cyber and aviation experts say the Biden proposal bears parallels to the NTSB,
formed in 1967, offering hints on how a Cyber Safety Review Board might
function.



After an airline crash, the NTSB dispatches a “go team” of a dozen or more
people specializing in areas such as air-traffic control, weather or propulsion
to collect evidence, said Robert Sumwalt, who chaired the agency from 2017 to
earlier this year. Those experts study findings alongside firms involved in
incidents, including airline carriers or parts makers, to produce a report on
what went wrong, he said.

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Mr. Sumwalt was a pilot for now-defunct USAir in 1994 when a passenger jet
crashed outside of Pittsburgh, killing all 132 people on board. Representing the
pilot’s union in the investigation, he worked with other analysts to deduce that
the accident stemmed from a rudder malfunction rather than human error.

“Everybody is sort of looking over everyone else’s shoulder,” said Mr. Sumwalt,
who joined the NTSB in 2006 as one of five board members who vote on reports and
recommendations after probes.

The idea of a cyber investigative agency has gained prominence among some cyber
experts and lawmakers in recent years as Washington rethinks its approach to
security. The White House and Congress this year have elevated specialists in
the administration, tightened requirements for federal contractors and unveiled
first-of-their-kind security regulations for pipeline operators after criminal
hackers targeted Colonial Pipeline Co. in May.

Mr. Biden’s Cyber Safety Review Board could complement such efforts by analyzing
incidents such as last year’s hack of SolarWinds Corp. In his executive order,
Mr. Biden told the DHS secretary to appoint representatives to the board from
federal agencies and “appropriate private-sector cybersecurity or software
suppliers.” A chair and deputy chair would also include one person apiece from
the public and private sectors.



As businesses await details of the Biden initiative, some experts question the
proposed board’s independence from regulators and authority to compel hacked
companies to cooperate. Despite state and federal requirements that firms report
certain breaches, many companies keep incidents and their details secret for
fear of liability. Changing that behavior could require giving new authorities
to U.S. officials or new legal protections for companies, cyber experts say.

THE SCENE OF A FATAL 2018 CRASH OF A TESLA VEHICLE ON U.S. HIGHWAY 101 IN
MOUNTAIN VIEW, CALIF.

Photo: KTVU-TV/Associated Press

While the NTSB offers a good framework for a cyber agency, its investigations
often take a year or more, a pace that could fall behind changes in hacking
tactics or technology if applied to cyber incidents, security experts say. And
though NTSB officials can compel uncooperative companies to provide information
through subpoenas, a DHS spokeswoman said the new cyber review board won’t have
subpoena power or other “compulsory authorities.” She offered few other details
on its makeup.

That could be welcome news to businesses that fear investigations could disrupt
day-to-day work, said Paul Truitt, U.S. cyber practice leader for accounting
firm Mazars USA LLP.

“I think we ought to be cautious about what we authorize this board to be able
to do, and what can trigger their action,” said Mr. Truitt, formerly the chief
information security officer of gas-station chain Wawa Inc.



While most firms play ball with the process in transit, Mr. Sumwalt said,
officials can remove them if they obstruct inquiries or release information to
the press.

In 2018, he said he called Tesla Inc. Chief Executive Elon Musk to boot the car
maker from a probe into a California accident that killed the 38-year-old driver
of a Tesla electric vehicle.

“He hung up on me,” Mr. Sumwalt said of Mr. Musk. Tesla, which didn’t respond to
a request for comment, previously said it withdrew from the inquiry.

Christopher Hart, who chaired the NTSB from 2014 to 2017, said the agency’s
independence was key in focusing its investigative power on both private
companies and regulators. Earlier iterations of the agency sat within the
Commerce Department, starting in 1926, and the Transportation Department, from
1967 until Congress made it an independent agency 1975.

“That was kind of awkward—sending recommendations to its boss,” said Mr. Hart,
who is arguing for a stand-alone agency for cyber investigations alongside Mr.
Shackelford at Black Hat.

There is another fundamental difference between computer incidents and transit
accidents that officials on the Cyber Safety Review Board will face, Mr. Hart
said. While crashes often stem from technical malfunctions or mistakes by people
trying to do the right thing, he said, hacks aren’t accidents and typically
carry criminal or national-security implications.

“A lot of this is transferable,” he said of the model, adding that the NTSB took
a back seat in investigating the Sept. 11 plane hijackings. “But some of this
isn’t.”

Write to David Uberti at david.uberti@wsj.com

Copyright ©2021 Dow Jones & Company, Inc. All Rights Reserved.
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