WEBVTT - U.S. Government Files Charges in Yahoo Hacking (Audio)

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<v Speaker 1>The US government has accused Russia of directing some of

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<v Speaker 1>the world's most notorious cyber criminals to break into half

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<v Speaker 1>a billion accounts at Yahoo in a sweeping criminal conspiracy

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<v Speaker 1>that married illicit profits with intelligence gathering. The federal indictment

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<v Speaker 1>charges to Russian intelligence officers and two hackers with conspiring

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<v Speaker 1>to carry out one of the largest cyber intrusions in

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<v Speaker 1>US history. The government was sending a clear message to

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<v Speaker 1>Moscow that cyber attacks would not be tolerated. Here's Acting

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<v Speaker 1>Assistant Attorney General Mary McCord. The involvement and direction of

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<v Speaker 1>FSB officers with law enforcement responsibilities makes this conduct that

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<v Speaker 1>much more egregious. There are no four free passes for

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<v Speaker 1>foreign state sponsored criminal behavior. The Russians targeted a diverse

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<v Speaker 1>crew from the White House and military officials, two executives

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<v Speaker 1>at banks and global companies. Our guests are and mckennack,

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<v Speaker 1>professor at Penn State Law School, and John reid Stark,

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<v Speaker 1>founder of John reid Stark Consulting and founder of the

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<v Speaker 1>SEC's Office of Internet Enforcement. John. In the announcement, the

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<v Speaker 1>government made its case to the public that Moscow is

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<v Speaker 1>orchestrating criminal hacks with cyber criminals tell us more about

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<v Speaker 1>the Russian cyber spying regime. Sure, Jean, how are you

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<v Speaker 1>this afternoon? And thanks for inviting me to talk to you. Uh.

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<v Speaker 1>You know, when I read this, I thought, like Captain

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<v Speaker 1>Renault and Casablanca. Remember, I'm shocked, shocked to find the

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<v Speaker 1>gambling is going on. It's this kind of hacking in

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<v Speaker 1>this kind of scheme has been going on for quite

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<v Speaker 1>some time, dating back to when I was at the SEC. Remember,

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<v Speaker 1>there have been cyber attacks on the federal government dating

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<v Speaker 1>back that are documented, dating back to two thousand nine,

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<v Speaker 1>two twelves, all over the place and by various different

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<v Speaker 1>state sponsored terrorist regimes. So I don't know that this

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<v Speaker 1>is anything new. But what's amazing is that these people

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<v Speaker 1>were finally caught, and I think the FBI has really

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<v Speaker 1>got to be commended here. I'm sure this investigation took

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<v Speaker 1>quite some time. It's the first time, as far as

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<v Speaker 1>I can tell, that actual Russian intelligence officials were indicted

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<v Speaker 1>right along with the hackers that they had engaged to

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<v Speaker 1>carry on these arts. On that last point, what what

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<v Speaker 1>is the significance of that The fact that for the

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<v Speaker 1>first time Russian FSB agents were included in an indictment.

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<v Speaker 1>It's thanks for having me, folks. It's really it's significant

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<v Speaker 1>just because we've heard so much in the news. Our

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<v Speaker 1>election cycle was filled with these you know, allegations of

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<v Speaker 1>Russian hacking, um and interference with the election, and so

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<v Speaker 1>to see the FBI and the Department of Justice come

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<v Speaker 1>out so clearly with you know, very strong charges both

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<v Speaker 1>based on economic espionage for foreign as well as our

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<v Speaker 1>federal laws for computer fraud and abuse, UM, it's really

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<v Speaker 1>it's significant, and it shows that, you know, they were

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<v Speaker 1>very careful I'm sure before making these charging documents public.

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<v Speaker 1>It shows that they are really ready to back up

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<v Speaker 1>and and to to prosecute this. You know. What's going

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<v Speaker 1>to be the trick here though, is one of the

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<v Speaker 1>one of the hackers involved has already you know, been

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<v Speaker 1>on the list to be extradited from Russia, and Russia

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<v Speaker 1>of course has not extra extradited that hacker. So what

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<v Speaker 1>remains to be seen now is what's the fallout going

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<v Speaker 1>to be for US Russian relations when US demands extradition

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<v Speaker 1>of these two FSB officers. As I think where we're

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<v Speaker 1>really going to see things get sticky, particularly with you know,

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<v Speaker 1>current presidential politics John that that is one of the

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<v Speaker 1>questions here. What if you've got the Russian government involved,

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<v Speaker 1>and you've got hackers who you can extradite, How effective

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<v Speaker 1>can it be to bring indictments and situations like this.

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<v Speaker 1>It's always effective. I don't think it's obviously not as

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<v Speaker 1>effective as getting someone locking them up. But when I

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<v Speaker 1>was at the SEC for eleven years, we chased after

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<v Speaker 1>people and we Jeff only froze their money, but we

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<v Speaker 1>could never, only on very rare occasions, could we orchestrate

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<v Speaker 1>an actual arrest in a foreign country, because there are

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<v Speaker 1>so many issues of just not just judicial committy, but

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<v Speaker 1>also being able to extradite, being able to execute a

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<v Speaker 1>subpoena on someone in a foreign country is a very

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<v Speaker 1>difficult thing. So I think that these these types of

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<v Speaker 1>actions have a tremendous deterrent effect. I realize it's not

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<v Speaker 1>going to stop a lot of actors from doing what

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<v Speaker 1>they're doing, but I think and is exactly right because

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<v Speaker 1>what's so unique here is this prosecution crosses over to

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<v Speaker 1>the political arena. All the matters that I did when

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<v Speaker 1>I was at the SEC many involved foreign nationals, but

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<v Speaker 1>they were never tied explicitly to the government like this.

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<v Speaker 1>So it was essentially a one dimensional prosecutor prosecutorial exercise.

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<v Speaker 1>But now you're also going to going to be engaging

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<v Speaker 1>in the State Department, the Defense Department, the Pentagon, and

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<v Speaker 1>everyone else in helping to track these people down and

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<v Speaker 1>bring a justice. And they targeted a wide range of

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<v Speaker 1>people and companies both here and in Russia. Do we

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<v Speaker 1>know what information they got, what damage they actually did. Yeah,

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<v Speaker 1>we do from the helpful information provided by the Apartment

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<v Speaker 1>of Justice. UM, It's it's fascinating here because Yahoo, when

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<v Speaker 1>this story initially came out back in the fall of

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<v Speaker 1>that there had been a breach, insisted that there was

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<v Speaker 1>a limited amount of personally identifiable information that had been hacked.

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<v Speaker 1>What's clear from these documents released by the Department of

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<v Speaker 1>Justice is that Yahoo's user database was taken as well

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<v Speaker 1>as Yahoo's account management tool. And if you think about that,

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<v Speaker 1>that's like the keys to the you know, candy jar.

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<v Speaker 1>That it enabled, um, these hackers to not just get

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<v Speaker 1>folks you know, names, email addresses, and that kind of information,

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<v Speaker 1>but actually because of the information that was taken using

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<v Speaker 1>this proprietary information that Yahoo had and Yahoo's database UM

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<v Speaker 1>and account management tools these hackers were actually able to

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<v Speaker 1>get into the content of the communications, which is very

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<v Speaker 1>unusual for a hack in the sense of they were

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<v Speaker 1>actually able to read contents of emails from thousands of

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<v Speaker 1>individuals who's you know, communications were hacked. Not only that

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<v Speaker 1>in this case, um, which is in stark contrast to

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<v Speaker 1>what y'ah who said initially for a very long time

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<v Speaker 1>and continued to repeat, we also know that credit card

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<v Speaker 1>and financial information was actually taken and used by one

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<v Speaker 1>of the hackers. He used Yahoo's own account tools to

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<v Speaker 1>gain individuals financial information and credit card informations. And so

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<v Speaker 1>the flip side of this is that we're seeing a

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<v Speaker 1>flew of lawsuits across the country being filed against Yahoo

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<v Speaker 1>by individuals who are claiming their credit card information was compromised.

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<v Speaker 1>We're talking about the federal indictment charging two Russian intelligence

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<v Speaker 1>officers and two hackers with conspiring to carry out we're

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<v Speaker 1>the largest cyber intrusions in US history. Our guests are

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<v Speaker 1>and mchannic, professor at Penn State Law School, and John

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<v Speaker 1>read Stark, founder of John Reid Stark Consulting, and Assistant

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<v Speaker 1>Attorney General. Mary McCord said the charges are unrelated to

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<v Speaker 1>the hacking of the Democratic National Committee and the FBI's

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<v Speaker 1>investigation of Russian interference in the presidential campaign. But could

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<v Speaker 1>what they learned here through their investigation helped them with

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<v Speaker 1>those other investigations. Well, part of this is speculation, but

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<v Speaker 1>there's you know, when we see the strength of this

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<v Speaker 1>indictment against two known Russian intelligence officers, uh, that that

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<v Speaker 1>is probably going to be a very helpful treasure trow

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<v Speaker 1>of information. You know, we this this Russia has long

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<v Speaker 1>been known to work directly with hackers, um and so

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<v Speaker 1>I think that there's probably a lot more to this

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<v Speaker 1>than well, it may not be directly connected, you know,

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<v Speaker 1>just the activities of state spot INSERTD cyber hacking are

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<v Speaker 1>going to reveal lots of useful data. And I'm sure

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<v Speaker 1>John can add to this, and with what he's seen

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<v Speaker 1>at the sec UM just in terms of you know,

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<v Speaker 1>we're seeing a government that's involved in economic espionage against

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<v Speaker 1>the United States citizens and the information really, you know,

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<v Speaker 1>was personal information about the US government officials as well

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<v Speaker 1>as private citizens. John, can you add to that, sure?

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<v Speaker 1>You know, I I totally agree. I think to what

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<v Speaker 1>it what it does is kind of answers the mysteries

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<v Speaker 1>of data breach response. I do a lot of data

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<v Speaker 1>breach response work where you sort of walked into the

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<v Speaker 1>situation and everyone wants to know, well, what were the

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<v Speaker 1>hacker looking for? What were their goals? But here, based

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<v Speaker 1>on the digital forensics and and other inculpatory evidence, you

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<v Speaker 1>can see that the hackers who were enlisted here had

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<v Speaker 1>a broad range of goals. By the one thing they

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<v Speaker 1>wanted to do was to search Yahoo user mail accounts

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<v Speaker 1>for credit art and gift card account numbers. Another thing

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<v Speaker 1>they did was they set up an online marketing scheme

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<v Speaker 1>by manipulating Yahoo search results for erectile dysfunction drugs. And

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<v Speaker 1>I think that demonstrates the range of the use of

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<v Speaker 1>exceltrated data and in the broad range of the the

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<v Speaker 1>hackers attack factor. In other words, it's just like a

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<v Speaker 1>burglar who comes into a home. They rumage through, grab

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<v Speaker 1>anything they can. It might be targeted, it might be not,

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<v Speaker 1>it might not be. They just grab everything they kind,

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<v Speaker 1>they take it away, and then they see what they

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<v Speaker 1>can do with it to monetize it. So whether that

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<v Speaker 1>sheds light on an actual motive of what these hackers

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<v Speaker 1>were doing, certainly the indictment indicates that they had specific

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<v Speaker 1>targets in mind. But the indictment also indicates that these

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<v Speaker 1>guys just grabbed anything they could and then they went

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<v Speaker 1>wound up doing any kind of scheme they could to

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<v Speaker 1>enrich themselves. And what are some of the things we

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<v Speaker 1>don't know yet based on We learned a lot from

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<v Speaker 1>this indictment, but there are a lot of things we

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<v Speaker 1>don't know. Tell us about some of those. So what

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<v Speaker 1>we don't is and I haven't heard the news today,

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<v Speaker 1>but I know the Canadian hacker. One of the hackers

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<v Speaker 1>was a Canadian citizen, and we are waiting to hear

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<v Speaker 1>if he is going to be extradited by the Canadian courts.

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<v Speaker 1>Um appears the US government has requested that One of

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<v Speaker 1>those things I think we can learn from this is

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<v Speaker 1>going forward, how information can be used by state actors

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<v Speaker 1>in terms of, you know, what who are they targeting,

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<v Speaker 1>and what are they targeting? As John pointed out, they

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<v Speaker 1>went in and tried to grab everything. But we know,

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<v Speaker 1>because of the details provided in the indictment that these

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<v Speaker 1>two Russian intelligence officers had specific targets, and not only

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<v Speaker 1>that this conspiracy was an ongoing, evolving process based upon

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<v Speaker 1>information that was discovered. So going forward, we may learn

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<v Speaker 1>more details about individuals in the United States government as

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<v Speaker 1>well as individuals in private industry who were targeted, specifically targeted.

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<v Speaker 1>And when we see that that was directed by I

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<v Speaker 1>Russian intelligence officers, I think we're going to learn a

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<v Speaker 1>lot more. But we don't know those details. We just

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<v Speaker 1>have this, you know, sort of santalizing figure off oh over.

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<v Speaker 1>Individuals contents of their communications were specifically targeted by these

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<v Speaker 1>Russian intelligence officers. So it's going to be interesting to see.

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<v Speaker 1>We don't know where that's going to lead. It's certainly,

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<v Speaker 1>it certainly will be and we'll be talking about it more.

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<v Speaker 1>Thank you both for being on Bloomberg Law. That's and mccannic,

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<v Speaker 1>professor at Penn State Law School, and John reid Stark,

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<v Speaker 1>founder of John Reid Stark Consulting, coming up on Bloomberg Law,

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<v Speaker 1>first in Hawaii then Maryland. A pair of judges halt

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<v Speaker 1>President Donald Trump's revised travel band before it can be enforced.