Russia Might Be Responsible for the PACER Hack

As the investigation into the recent PACER hack continues, federal courts are taking drastic measures to strengthen the security of sensitive case documents. Just a few days ago, administrators announced that they were taking additional steps to protect these documents from cyberattacks. However, new evidence suggests that Russia may be at least partially responsible for the breach.

The New York Times reports that investigators have found conclusive evidence that links Russia to the hack. The breach, which was first reported by Politico last week, exposed sensitive court data across multiple U.S. states and is believed to have compromised sealed records that weren't publicly available. Searches by the attackers reportedly included cases involving people with Russian and Eastern European surnames.

The PACER hack comes on the heels of another high-profile breach in 2021, known as the SolarWinds breach. In response, new procedures were implemented to ensure that highly sensitive documents are handled more securely. These procedures require that documents be filed using paper or a secure electronic device, rather than being uploaded to the Case Management/Electronic Case Files (CM/ECF) system.

In 2022, the Department of Justice (DOJ) informed the judiciary of another ongoing breach. In light of this new evidence, district court chief judges were warned last month to keep cases with documents related to criminal activity with an overseas tie off of the CM/ECF system and instead upload them to a separate, secure system that doesn't connect to PACER.

A recent order issued by Eastern District of New York Chief Judge Margo Brodie reinforces this new approach. Until further notice, criminal cases and those related to criminal investigations are prohibited from being filed in CM/ECF, and instead must be uploaded to a separate system that doesn't connect to PACER. This is a drastic measure taken to protect sensitive documents from potential cyber threats.

The Administrative Office of the U.S. Courts notes that while most documents filed with the judiciary's electronic case management system are not confidential, some filings contain sensitive information that must be kept under seal. These documents can be vulnerable to exploitation by threat actors, making it essential for courts to implement more rigorous procedures to restrict access to these documents.

The recent PACER hack serves as a stark reminder of the importance of protecting sensitive case documents from cyber threats. As the investigation continues, it is crucial that federal courts prioritize security and take proactive measures to prevent future breaches.