Key members of the U.S. federal judiciary received a stark warning on Tuesday regarding the potential risks of cyber breaches by foreign actors during the upcoming election year. The alert came from U.S. Circuit Judge Michael Scudder, who chairs the committee on information technology for the federal courts, during a meeting of the U.S. 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 IT systems,” Scudder stated at a post-meeting press conference. He referenced public reports from the U.S. intelligence community indicating that “foreign adversaries see this election season as an opportunity to spread misinformation and sow doubt about the workings and stability of our national government.”
Recent intelligence assessments have accused Iran of conducting cyber operations against the campaigns of both U.S. presidential candidates, including a hacking attempt targeting Republican former President Donald Trump’s campaign.
Scudder, who serves on the 7th U.S. Circuit Court of Appeals based in Chicago, emphasized that while he was not aware of any current cyber threats involving the courts, “we must presume the judiciary faces this same risk.” He added that the intelligence community’s findings highlight broader national security concerns, suggesting that election-related litigation could once again become a focal point for cyber interference.
In 2020, three “hostile foreign actors” successfully breached the federal judiciary’s document-filing system, as noted by Democratic Representative Jerrold Nadler during a hearing in 2022. This incident prompted significant changes in how sensitive documents are handled at lower court levels to enhance cybersecurity measures.
As the election approaches, Scudder’s warnings underscore the importance of vigilance within the judiciary to protect against potential cyber threats that could undermine public confidence in the electoral process and the integrity of judicial proceedings.