On June 30th, 2020, the U.S state of California filed a lawsuit against the tech company Cisco for discriminating against an Indian-American engineer based on caste. It was filed against the company's San Jose headquarters campus, which has a workforce predominantly of South-Asian origin.
The lawsuit was filed by the California Department of Fair Employment and Housing for discriminating against the employee on the grounds that he belonged to the population that was once known as the ‘untouchables’ under the caste system of India.
The Indian American employee who preferred to stay anonymous named two employees Sunder Iyer and Ramana Kompella, for harassing and discriminating against him based on caste. The two named employees work as supervisors at Cisco and belong to a high-caste.
The suit says that the engineer was allegedly forced to accept the caste hierarchy in the workplace, and when he refused to do so, they isolated him, decreased his role in the team, and reduced his salary. They even retaliated against him and assigned him to work with deadlines that were impossible to meet.
It is alleged that Iyer told other workers that the employee was Dalit and gained entry into the Indian Institute of Technology through affirmative action. The lawsuit further went on to accuse Cisco of failing to take ‘corrective action’ despite multiple investigations.
The Department of Fair Employment and Housing cited this as the civil rights violation of the engineer under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, sex, colour, religion and national origin.
Though the law doesn’t explicitly state discrimination with regards to caste, it does prohibit workplace discrimination that is based on arbitrary factors. Currently, the case is still pending, and Cisco says it intends to ‘defend itself’.
Though this is America’s first case against the caste system, it doesn’t mean it is a new problem, and neither is caste-based discrimination an exclusive issue of Cisco. This issue has been widely prevalent across numerous workspaces in America.
“This is the first civil rights case in the United States where a government entity is suing an American company for failing to protect caste-oppressed employees and their negligence leading to a hostile workplace,” said Thenmozhi Soundararajan, Executive Director of Equality Labs.
Equality Labs is an organisation that seeks to fight against the issue of caste in the United States. The organisation’s survey in 2016 titled ‘Caste in the United States’ found that 67% of Dalits living in America have faced verbal or physical assault at their workspace based on their caste.
The same survey also reports that one in three Dalit students suffered some form of caste-based educational discrimination in the States. Dalit women too face their own set of challenges in workspaces. In addition to facing slurs that are manifested in caste, they are often subjected to sexual harassment in connection to the prevalence of caste-based sexual violence in India.
The lawsuit against workplace discrimination at Cisco has made several Dalit employees across America to come forward and speak up about the harassment they have been subjected to due to their caste. This is why California’s case is especially significant as it sheds light onto the sheer scale of this caste-based discrimination at both the work and educational spaces.
It is a landmark case as it shows that there is a need to include caste in the protected category and enable more such civil rights litigations. It formally recognises the existence of caste elements at work and educational spaces that form the breeding grounds for systematic discrimination, bullying and ostracisation to thrive.
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SolarWinds Attack and its implication for U.S. Security: Sabotage or espionage?
SolarWinds, a publicly listed Texas-based company with a value of more than $6 billion, has a very reputed customer list including multiple U.S. government agencies. The company develops softwares for businesses and agencies to help manage and monitor their networks, systems and IT infrastructure. The company is a service provider to over 425 of the Fortune 500 companies, top 5 U.S. accounting firms, all major U.S. telecom providers, the U.S. treasury, several global universities and educational institutions, the NSA and the White House.
A set of hackers managed to sneak a malicious code into the software update of SolarWinds for a tool called “Orion”. Earlier, in 2020, the hackers had injected malware into the updates of Orion which were released between March and June of 2020. On 5th of Jan, 2021, the Federal Bureau of Investigation (FBI), Cybersecurity and Infrastructure security Agency (CISA), the Office of the director of National Intelligence (ODNI) and the National Security Agency (NSA) made an official joint statement stating, "an Advanced Persistent Threat (APT) actor, likely Russian in origin, is responsible for most or all of the recently discovered, ongoing cyber compromises of both government and non-governmental networks". U.S. government agencies like The Pentagon, National institute of Health, FBI, DHS, the Department of Energy and the Department of Veterans affairs were some significant users of Orion. In fact, in August 2020, the Department of Veterans affairs renewed its Orion license in a 2.8-million-dollar order. The Department of Veterans affairs has been heavily involved in COVID-19 relief.
The Orion hack began as early as March 2020. Over 18,000 customers had installed the compromised software which implies that these customers were vulnerable to spy operations throughout 2020. The malware inserted in the updates provided remote access of an organization’s network to the elite hackers. Since the malware was undetected for months, it gave the hackers an opportunity to obtain information from their targets. In fact, the hackers could also monitor emails and other internal communications. FireEye, the cybersecurity company who were the first to discover the breach describes the capability of the malware, from initially lying dormant up to two weeks, to hiding in plain sight by masquerading its investigation as “Orion Activity”. In 2016, Russian Military hackers used a method called “supply chain” to infect companies performing business in Ukraine with a hard-drive wiping virus called NotPetya. This attack is considered to be one of the most damaging cyber-attacks till date. The infiltration tactic used in the current hack is also identified to be similar to the “supply chain” method.
The Orion software framework contained a backdoor that communicated via HTTP to third party servers. Cybersecurity firm, FireEye has been tracking the trojanized version of Orion plug-in as SUNBURST.
FireEye Logo
FireEye described the use of SUNBURST backdoor on one of its blogs published on 13th December 2020. It stated,
“After an initial dormant period of up to two weeks, it retrieves and executes commands, called “Jobs”, that include the ability to transfer files, execute files, profile the system, reboot the machine, and disable system services. The malware masquerades its network traffic as the Orion Improvement Program (OIP) protocol and stores reconnaissance results within legitimate plugin configuration files allowing it to blend in with legitimate SolarWinds activity. The backdoor uses multiple obfuscated blocklists to identify forensic and anti-virus tools running as processes, services, and drivers.”
FireEye described the attack through the SUNBURST backdoor as “highly evasive”. Meanwhile, SolarWinds is facing a class action lawsuit filed by a stakeholder of the IT Infrastructure Management software company in the U.S. District Court for the Western District of Texas on 4th Jan 2021. The lawsuit is filed against SolarWinds’ ex-president, Kevin Thompson and chief financial officer, J. Barton Kalsu on the grounds of violating Federal Securities laws under Securities Exchange Act of 1934. The complaint states that SolarWinds Company failed to disclose that "since mid-2020, Orion monitoring products had a vulnerability that allowed hackers to compromise the server upon which the products ran". The complaint also mentioned that SolarWinds update server had a fairly weak and easily accessible password, ‘solarwinds123’.
Microsoft’s internal security research team found evidence that the same hackers had accessed some internal source code in their company’s systems. Microsoft mentioned that the attempted activities were beyond just the presence of malware SolarWinds code in their environment. Microsoft has “an open source like culture” which allows teams within Microsoft to view the source code. The company acknowledges that it is a threat model but they are downplaying the risk by saying “just viewing the source code should not cause any elevated risk”.
The Russian Hackers have also managed to breach the network of Austin City, Texas. The breach dates back to at-least mid of October 2020. The hackers have seemed to target the U.S. Treasury, Departments of Commerce and Homeland Security, The Pentagon, Cybersecurity firm FireEye, and SolarWinds. The breach of the network of the Austin city is an apparent win for Russian hackers. Theoretically, the compromise could have helped them access sensitive information in accordance with the city governance, elections, city police and by excavating deeper, the hackers can practically burrow inside energy, water and airport networks of the city.
Berserk Bear, the hacking outfit that is currently believed to be behind Austin’s breach appears to have used Austin’s network as grounds to stage larger attacks. Berserk Bear also known as BROMINE inter alia several names is believed to have been responsible for a series of breaches of significant U.S. infrastructures in the past year.
The attacks on SolarWinds, U.S. government and FireEye have been linked to another Russian group called APT29 also popularly known as Cozy Bear. Berserk Bear is allegedly a unit of Russian federal Security Service (FSB). Cozy Bear is known to be affiliated with the Russian Foreign Intelligence Service, or SVR. FSB and SVR are considered to be successors of the Committee of State Security of the Soviet-era which was widely known as the KGB.
The Austin Council seems to have been aware of the breach from October 2020. The FBI and CISA had published an initial advisory warning of “advanced persistent threat actors” (APTs) on October 9th, 2020. The advisory warned the city council of APTs targeting state and local governments. On October 22nd, a follow-up advisory was published in which both agencies accredited the breach to Berserk Bear. CISA published a heat map listing the types of organizations that were breached, scanned or targeted by Berserk Bear. The reputation of Berserk Bear of lurking fit their common pattern of espionage-oriented attacks. Sami Ruohonen, a researcher at Finnish cybersecurity firm F-Secure said that the adversaries have already been in the network for more than a couple of months before someone discovers their existence. Ruohonen also mentioned that this technique is specially preferred by APT groups because, the longer they go unnoticed, the longer they have a remote access to the network. F-Secure, in a report published in 2019, compared Berserk Bear and similar groups to the cyber equivalent of sleeper cells.
The cybersecurity experts have warned Austin city and the U.S that Berserk Bear hackers are not just involved in espionage and sabotage. They can gear up at any moment and create havoc in the United States. These Russian Hackers can cause city blackouts, disturbance in water supply and can even disrupt COVID-19 relief. Vikram Thakur, a technical director at Symantec who has tracked Berserk Bear for years quotes, “We should be cognizant of the level of information that they have, turning on valves or closing valves, things of that sort — they have the expertise to do it.”
SolarWinds replaced their ex-CEO Kevin Thomson with Mr Sudhakar Ramakrishnan. Unlike his predecessor Thomson, who is an accountant by training, Ramakrishnan comes from a security background having led Pulse Secure in the recent past. The new CEO publicly stated that the company will be making 5 critical changes to put security front and center. The company also hired ex-CISA chief Chris Krebs and Facebook’s former security lead, Alex Stamos. Krebs and Stamos work as independent consultants to help the company coordinate its crisis response. Krebs told the Financial Times that it could even take years to uncover the full extent of the hack. On the brighter side, the new CEO mentioned that the company has engaged several cybersecurity experts to assist SolarWinds in its efforts to become more secure. We can hope that, with better expertise, vision and understanding of threat and vulnerability management, the company is now headed towards a better future.
