Arrests and indictments of foreign cybercriminals are still appropriate in certain circumstances and something the FBI pursues “every day of the week,” said Assistant Director Bryan Vorndran. But as federal agencies look to have the most disruptive impact possible on cyber crime, FBI officials are thinking carefully about how best to time an indictment, or whether an indictment is even the best action.
“We’re just much more mature in the space of working with our interagency partners, and really keeping an eye down the road in terms of how we have the biggest impact,” Vorndran said.
The FBI, he said, is now “very open to being told” that when it comes to an adversary, ”‘You know what, as a team member, it may not be the right time to deploy an indictment, but it very much may be the right time to deploy’” an action from U.S. Cyber Command.
The evolution reflects the fact that multiple government agencies share responsibility for, and have unique roles in, countering a cyber threat that has only deepened over the last decade. The Justice Department has long regarded indictments of foreign hackers as a way to “name-and-shame” them and deter the hostile governments that employ them. Other government agencies, though, are bringing their own powers to the table that may take may precedence over the use of criminal charges or been seen as imposing greater costs or deterrence.
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