US Department of State Case No. Doc No. 00624275? Date: 06f21!2017 ?m'ttd 5mm}: IN Dc 205w 1'10?th 2016 r. President am cm The White Home EH 1600 Avenue; NW 5; 5'3 Wahinglon. D.C. 20500Prat-dent. in "1 5'1? Ru?inn Federation's?fte- sponsored induction: and die 201p elee?fal 3 process. On October 71h, the Depuunent ef Homeland Security and Of?ce ofthe Diteetetef?uienal lnteliigenee stated mm the httellig'ence in een?dent that the Russian (Emmett directed the US'pereensand institutions, imitating from US on sites like DCLeaitneom and Wih'Eeeits and by the Cine-sire? 2.0 aniline pemm consistent with the methods and mativn?em ewam-diieemuffens.? The statement went on to say that ?01111! W: earlier-meet e?'teinls could have authorized mete activities." implitn?ens ofdtem?tsofa Russia's ineumbem We time you to emmider a range uranium in manna including-some et' all the following measures. First. the adminism?ttn-should utilize utisn'xtg We: under Executive Order 13694 t? been: the More?: individualswhehtive'engnged insigni?enmma?eiptneybaecu?ty 15mins affected orbeett intended to Secondtheadministm?en maximal: indudedtnsewhe mti?ee invoked in . Geoffrey Chapman, Senior EQEWW . UNCLASSIFIED US. Department of State Case No. Doc No. 006242757 Date: 06212017 UNCLASSIFIED US. Department of State 0659' No. DOC N0. Date: 06.211001? Third. what-espouse: boynnd Using they noodtoproto?ct lhunselven from th? Russian government ?you reposition. The United Swenhm?d innko whothuby?nsainonnyo?wooton Welook Rustin cybaaui??umdmkussir institutions? nation: worldwide- Sincuely; Benin-tin L. Caz-dint Wm PM United States Senator United States 3m: u. ?Evy 1-m- I ?-I-wlmw--I UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc No. 00624273? Date: UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc No. Date: 06l21i2017 United States Department of State Washington, D. C. 20520 DEC 2015 rm] The Honorable Benjamin L. Cardin United States Senate Washington, DC 20510 Dear Senator Cardin: Thank you for your November 1 letter to President Obama concerning Russia and its recent activities in cyberstiace. We have been asked to ?respond on the President?s behalf. We share your concerns over Russian malicious cyber activity, including the Russian government -- directed compromises of email ?'orn U.S. persons and institutions and their subsequent disclosure that were highlighted in. the October 7 - press statement by the Department of Homeland Security and the Of?ce of the Director-of National Intelligence. in addition to the public announcement, we have raised our concerns over these activities directly with the Russian government. As we have made clear to' the Russian govemntent and others, we will not tolerate attempts to interfere with the US. democratic process, and we will take action to protect our interests, including in cyberspace, and we will do so at a time and place of our choosing. We are also taking steps to protect our critical cyber in?'astructure - and will continue to harden those defenses We appreciate your thoughts 'on steps that could be taken to respond to cyber threats, and assure you that the Administration is undertaking a comprehensive Strategy to respond to maliciouscyber activities and signi?cant cyber threats, using a full range of diplomatic, law enforcement, economic, and other public and private tools. We will also continue to"pursue the establishment of international norms to ensure that countries around the. world act responsiny in the cyber sphere; [Emails AUTHORITY: Geoffrey Chapman, stints? ?.R_Etiewsr_.. I UNCLASSIFIED US. Department of State Case No. Doc No. 006242759 Date: 06l21i20?l? UNCLASSIFIED U.S. Department of State Case No. Doc No. 006242759 Date: 0621.001? -2. We hope: this infOnnation is helpful. If Wt: can be (if further assistance, please do not hesitate to contact us Sinceraly, Julia Fri??ld' Assistant .Se?retmy Legislative Affairs - - . .. m. UNCLASSIFIED US. D?partment of State Case No. Doc No. 006242759 Date: 06f21l2017 w. h?u 4 UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc No. Date: 06f21f201? United States Department of State Washington, D. C. 20520 on; 't 2915 someway! The Honorable Dianne Feinsteiu . United States Senate Washington, DC 20510 Dear Senator Feinstein: Thank you for your November 1 letter to President Obama concerning Russia and its recent activities-in cyberspace. We ha?tfe been asked to respond on the President?s behalf. We share your concerns over Russian malicious cyber activity, including the Russian government? directed compromises of email from [123. persons and institutions and their subsequent disclosure that were high-lighted in the October 7 press statement by the Department of Homeland Security and the Of?ce-of the Director of National Intelligence. In addition to the public announcement, we have raised our concerns over these activities directly with theRussian government. As we have made clear to the Russian government and others, wewill not tolerate attempts to interfere with the democratic process, and we will take action to protect our, interests, including in cyberspace, and we will do so at atime and place of our choosing. We are also taking steps to protect our critical cyber infrastructure and will continue to harden those defenses We appreciate your thoughts on steps that could be taken to respondto cyber tin-eats, and assure you that the Administration is undertaking a comprehensive strategy to respond to malicious 'cyber activities and signi?cant cyber threats, using a full range of diplomatic, law enforcement, economic, and other public and private tools. We will also continue to pursue the establishment of intemational norms to ensure that countries around the world not responsibly in the 'cyber Sphere, REVIEW AUTHORITY: Geoffrey Chapman. Senior- Reviewer UNCLASSIFIED US. Department of State Case No. Doc No. 006242761 Date: 06:211201? UNCLASSIFIED US. Department of State Case No. F-201B-17309 Dec No. 006242?6?l Date: U6i21a?2017? We hope: this infennation-is- helpful. If we can be. Of please do not hesitate to- contact us. Sincerely, I . Julia Fri?eld AssiistantSecretan' Legislative Affairs P. .. . .m?u?n-n UNCLASSIFIED U.S. Department of State Case No. Doc No. 006242761 Date: 06212017 UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc No. (306241888 Date: 06l21i2017 UNCLASSIFIED of?cial - P??j 85 Trudeau, Elizabeth i 1 From: Trudeau Elizabeth Sent: . Wednesday, December 28, 2015 6: 23 AM To: PC List Subject: Reminder: P05: On WaPo RU story Reminder on this. Official Transitory UNCLASSIFIED From: Trudeau Eiizabeth Sent: Tuesday, December 2016 T: 26 PM To: PU List. Subject: P05: On WaPo RU story .. WashPost: Ohama administration is close to announcing measures to punish Russia for election interference The Obama administration is close to announcing a series of? measures to punish Russia for its interference in the 2016 presidential . election, including economic sanctions and diplomatic censure, according to of?cials. The administration is stiil ?nalizing the details, which are also expected to include covert action that likely will involve operations, the of?cials said. An announcement on the public elements of the response could come as early as this week. The sanctions part of the package culminates weeks of debate in the White House about how to revise an executive order from last year meant to give the president authority to respond to from overseas, but which did not originally covet efforts to in finance the electoral system. The Ohama administration last year rolled the order out to great fanfare as a way to punish and deter foreign hackers who harm the United States? economic or national security. The threat to use it last year helped wring a pledge out of China?s president that his country would cease hacking U.S. companies? secrets to bene?t Chinese ?rms, In December, during a closed door brie?ng with senators, the CIA shared a secret assessmenL The agency concluded it was now ?quite clear? that Russia's goal was to the help Donald Trump win the White House. (Jason AldagiThe Washington Post) But officials this fall concluded that it could not, as mitten, be used to punish the most cant cyber-provocation in recent memory against the United States Russia 3 hacking of Democratic organizations, targeting of state election systems and meddling in the presidential election With the clock ticking, the White House is working on adapting the authority to punish the Russians, according to the officials, who spoke on the condition of anonymity to discuss internal deliberations. President Obama last week pledged there would be a response to Moscow?s interference in the US. elections. Russia had denied involvement in the hacking. Trudeau, Elizabeth It UNCLASSIFIED 1 . Of?cial - Transitory UNCLASSIFIED U.S. Department of State Case No. Doc No. (306241888 Date: 06l21l20?l? UNCLASSIFIED US. Department of State Case No. Doc No. (306241888 Date: 06i21l201? UNCLASSIFIED Official - Transitory One clear way to use the order against the Russian suspects would be to declare the electoral systems part of the ?critical infrastructure" of the United States. Or it could be amended to clearly apply to the new threat interfering in elections. Administration of?cials would also like to make it dif?cult for President-elect Donald Trump to roll back any action they take. ?Part ofthe goal here is to make sure that we have as much of' the record public or communicated to Congress in a form that would be dif?cultto simply walk back," said one senior administration of?cial, who like others spoke on the condition of anonymity to discuss intomal deliberations. Oharna issued the executive order in April ZDIS, creating the sanctions tool as a way to hold accountable people who harm computer systems related to Critical functions Such as electricity generation or transportation or who gain a competitive advantage through cyberthelt ofcommercial secrets. President Obama and Chinese President Xi .l inping attend a news conference in November 2014 in Beijing. (Feug LilGetty Images) The order allows the government to been the assets in the United States of people overseas who have engaged in cyber acts that have threatened US. national security or ?nancial stability. The sanctions would also block commercial transactions with the designated individuals and bar their entry into the country. Butjust a year later, a Russian military spy agency would hack into the Democratic National Committee and steal a clove of emails that were released a few months later on WikiLeaks, US. officials said. Other releases followed, including the hacked emails of Hillary Clinton's campaign chairman, John Pedesta. ?Fundamentally, it was a low-tech, high-impact event,? said Zachary Goldman, a sanctions and national security expert at New York University School of Law. And the 2015. executive order was not crafted to target hackers who steal emails and dump them on WikiLeaks or seek to disrupt an election. it was an authority published at a particular time to address a particular set ofproblems," he said. So of?cials ?need to engage in some legal acrobatics to fit the DNC hack into an existing authority, or they need to write a new authority." Goldman said. Administration of?cials would like Obama to use the power before leaving of?ce to demonstrate its utility. ?When the president came into office,- he didn?t have that many tools out there to use as a response" to malicious cyber-acts, said Ari Schwartz, a former senior director for cybersccurity on the National Security Council. "Having the sanctions tool is really a big one. It can make a very strong statement in a way that is less drastic than bombing a country and more impactful than sending out a cable from the State Department." The National Security Council concluded that it would not be able to use the authority against Russian hackers because their malicious activity did not clearly fit under its terms, which require harm to critical infrastructure or the theil of commercial secrets. ?You would have to be able to say that the actual electoral such as state databases, was critical infrastructure, and that what the Russians did actually harmed it," said the administration of?cial who spoke on the condition of anonymity. ?Those are two high bars.? Though Russian government hackers are believed to have penetrated at least one state voter-registration database, they did not tamper with the data, of?cials said. it Some believe that state election systems would ?t under ?government facilities," which is one of the 16 critical in?'astrueturc sectors designated by the Department of Homeland Security. Another option is to use the executive order against other Russian targets say, hackers who stole? commercial secrets and then, in either a public message or a private one, make clear that the United States considers its electoral systems to be critical infrastructure. The idea is to not only punish but also deter. ?As much asl am concerned about what happened to us in the election, 1 am also concerned about what will happen to us in the future," a second of?cial said. am ?rmly convinced that the Russians and others will say, ?That worked pretty well in 2016, so let?s keep going.? We have elections every two years in this country.? Even the threat of sanctions can have deterrent value. Of?cials and experts point to the agreement Chinese President Xi inping reached with Obama last year that his country would stop commercial cyberspying. Xi came to the table following news reports last Trudeau, Elizabeth it UNCLASSIFIED 2 - Of?dal - Transitory UNCLASSIFIED US. Department of State Case No. Doc No. 0062-41888 Date: 06/212017 UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc No. (306241888 Date: 06/211201? Of?cial - Transitory summer that the administration was preparing to sanction Chinese companies. Complicating matters, the Trump transition team has not yet had extensive brie?ngs with the White House on cyber issues, including the potential use ofthe cyber-sanctions order. The slow pace has caused consternation among of?cials, who fear that the administration's accomplishments in cybersecurity could languish if the next administration fails to understand their value. [Trump turning away intelligence briefers since election win] Sanctions are not a silver bullet. Obama noted that ?we already have enormous numbers of sanctions against the Russians." for their activities in Ukraine. So it is questionable, some eXperts say, whether adding new ones would have a meaningful effect in changing the Kremlin's behavior. But in combination with other measures, they could be effective. Criminal indictments of Russians might become an option, of?cials said, but the FBI has so far not gathered enough evidence that could he introduced in a criminal case. At one point, federal prosecutors and FBI agents in San Francisco considered indicting Guccifer 2.0, a nickname for a person or people believed to be affiliated with the Russian in?uence operation and whose true identity was unknown. Before the election, the administration used diplomatic channels to warn Russia. Obama spoke to Russian President Vladimir Putin at a Group of 20 summit in China in September. About a week before the eiection, the United States sent a ?hotline"-styic message to Moscow using a special channel for crisis communication created in 20 3 as part of the State Department?s Nuclear Risk Reduction Center. As'par?i of that message, the officials said, the administration asked Russia to stop targeting state voter registration and election systems. it was the ?rst use of that system. The Russians, of?cials said, appeared to comply. Of?cial - Transitory UNCLASSIFIED Trudeau Elizabeth UNCLASSIFIED 3 Official - Transitory' UNCLASSIFIED US. Department of State Case No. F-2016-17309 Doc N0. C06241888 Date: 05f21i2017 UNCLASSIFIED US. Department of State Case No. Doc No. 006241891 Date: 0620201? uncussmeo . Official - Transitow Trudeau. Elizabeth From: - Trudeau, Elizabeth Sent: Thursday. December 29. 2016 2:20 PM To: PO List Cc: . Toner, Mark Subject: P05: PG for background only Attachments: EUR - Russia - Bach? and PNG [29 Decemberi?ocx The following should be used on BACKGROUND only, As much as possible, please refer people to the paper state men ts. Official - Tra nsitorv UNCLASSIFIED Trudeau, Elizabeth UNCLASSIFIED 1 - Official - Transitury UNCLASSIFIED 0.8. Department of State Case No. Doc: No. 006241891 Date: 06l21l2017