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U.S. Judge Warns of Election-Year Foreign Hacking Risks in Presidential Polls

As millions of voters prepare for the November presidential elections, members of the U.S. federal judiciary were cautioned on Tuesday about potential cyber threats from foreign actors aimed at election-related litigation and misinformation.

U.S. Circuit Judge Michael Scudder, chair of the federal courts’ information technology committee, raised concerns about election-year hacking risks during a meeting of the U.S. Judicial Conference, the judiciary’s top policy-making body, in Washington, D.C.

“This is a critical time for everyone in the judiciary to remain vigilant and exercise caution in all aspects of our IT systems,” Scudder stated at a press conference following the meeting. He referenced intelligence reports indicating that “foreign adversaries view this election season as an opportunity to spread misinformation and undermine confidence in our national government.”

Last month, U.S. intelligence agencies accused Iran of conducting cyber operations against the campaigns of both presidential candidates, including an attack targeting former President Donald Trump’s campaign.

While Judge Scudder, who serves on the 7th U.S. Circuit Court of Appeals in Chicago, acknowledged that there are no known cyber threats currently targeting the courts, he emphasized, “We must assume the judiciary faces this same risk.” He added that intelligence reports highlight a nationwide threat, suggesting that election-related cases could once again come before the courts.

In 2020, three “hostile foreign actors” breached the federal judiciary’s document-filing system, according to Democratic Representative Jerrold Nadler during a 2022 hearing. This cyberattack led the judiciary to revise how it manages sensitive documents in lower courts.

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