Category Archives: NSA

US National Security Advisor John Bolton on Saturday asserted that America and its allies have not been able to convince the North Korean administration to surrender their nuclear armaments. He further mentioned that the US should have considered other options including a regime change to stop North Korea. In a webinar hosted by the Institute for Korean-American Studies think tank,the former White House officialsaid, "There was never once convincing evidence that North Korea had made a strategic decision to give up nuclear weapons,"Yonhap News Agency reported.

During his time as the national security adviser to the former US President Donald Trump, John Bolton played a vital role in setting up US-North Korea summits between the former President Donald Trump and North Korean supreme leader Kim Jong-un, held in Singapore in June 2018 and in Hanoi in February 2019. Earlier, at the Singapore summit, Kim had agreed with the US and promised to completely denuclearize his country in exchange for normal relations with America. However, North Korea has stayed away from denuclearization negotiations with the US after the summit in Hanoi ended without a deal. Bolton highlighted that the North has always committed to giving up nuclear weapons, but never kept the words.

Bolton further added "They're certainly prepared to negotiate for relief from economic sanctions or to get tangible economic benefits. But when it comes to following through on their commitment to giving up their nuclear weapons program, somehow it just never happens, and that's because they don't want to, and that's something we should recognize because that colours every other possible option available to us."

The former US National Security Advisor suggested other possible options that could lead to denuclearization. He said the use of force could be one option. "One other thing I'd like to say is for all those people who for years have said it's not acceptable for North Korea to have nuclear weapons but weren't willing to take other steps, weren't willing to consider the use of force, weren't willing to consider regime change, are you going to be held to account when North Korea has deliverable nuclear weapons that can hit any target they want in the United States," said Bolton.

The former NSA also criticised the Chinese government for not taking any initiative to change North Korea's behaviour and mentioned that the US should pressurise Beijing to make efforts to denuclearize the Korean Peninsula. "I think at least one thing we can do if you could get agreement within the United States, is to make China the centre of focus," Bolton said. Without China's support, without its shipment of oil and other fuels to North Korea, without its economic lifeline, the (North Korean) regime would fall very, very quickly, he further mentioned.

Here is the original post:
US: Former NSA John Bolton asserts North Korea unlikely to give up nuclear weapons - Republic World

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EU

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Industrial IoT

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5G Non-Standalone (NSA) Architecture Infrastructure Expected to reach 10.2 Billion by 2028 Key Players , Qualcomm, Intel, Avago, Skyworks,...

Two and a half years ago, Special Counsel Robert Muller submitted his report in which he declared that Donald Trump did not engage in a criminal conspiracy with agents of the Russian government who had interfered in the 2016 election on his behalf. Numerous members of Trump's campaign were indicted on various related and unrelated charges, but the special prosecutors were never able to gather enough evidence of a conspiracy.While Trump had behaved in extremely suspicious ways, investigators simply couldn't prove that he knew what the Russian government was doing.

Trump went on to spend his entire term committing overt acts of corruption, combining his business with his duties and openly defying all ethical restrictions against conflicts of interest. He blatantly obstructed justice many times and was even impeached for abusing his power by attempting to sabotage his political rival's presidential campaign. He broke the law repeatedly and got away with it every time.

So why wouldn't he engage in a conspiracy to interfere with the peaceful transfer of power and overturn the election he lost?

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

That is exactly what has come into focus this week as one revelation after the other implicating him in such a conspiracy is reported. And it's also become clear that there were many people who were aware of what Trump and his co-conspirators were doing, yet none of them sounded the alarm. I don't know if that makes them accomplices in a legal sense but it certainly makes them shamefully unethical.

All week, I've been writingaboutthe latest developments,from the contemptible comments Trump made at his rally last weekend dangling pardons to insurrectionists and summoning the mob to take to the streets if anyone tries to hold him legally accountable for his criminal acts to the reports that he had contemplated issuing Executive Orders to seize the voting machines. Every day brings new details, each one more stunning than the last.

To recap the week: We learned that Trump had asked then-Attorney General Bill Barr to have the Department of Justice seize the voting machines in states in which he thought he could overturn the results. Luckily, he was told that would be illegal. It was then revealed that his former national Security Adviser, Gen. Michael Flynn (Ret.), and his lawyer, Sidney Powell, had tried to persuade him to order the Pentagon to seize the voting machines in those same states and that he directed his lawyer Rudy Giuliani to get the Department of Homeland Security to do it. He was talked out of this each time, but it took a massive effort to get him to back off of these daft plans.

RELATED:Donald Trump's having an awful week and it's only Wednesday

On Thursday the Washington Postreportedthat there was yetanotherplot brewing around the same time and it's just as nuts as the others:

The memo used the banal language of government bureaucracy, but the proposal it advocated was extreme: President Donald Trump should invoke the extraordinary powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show that foreign powers had intervened in the 2020 election to help Joe Biden win. Proof of foreign interference would "support next steps to defend the Constitution in a manner superior to current civilian-only judicial remedies," arguedthe Dec. 18, 2020, memo, which was circulated among Trump allies.

The "next steps" were almost certainly the seizing of the voting machines.

This is the same day Flynn and Powell sneaked into the White House to argue that Trump should issue a national security Executive Order that would activate the military to seize the voting machines. Whether any of this was connected with that or if it was a separate plot is unknown but suffice to say that there were multiple people involved in trying to get those voting machines and this certainly appears to have been yet another attempt.

RELATED:Donald Trump's lackeys failed him and saved democracy

This memo arguing to deploy the NSA to sift through electronic communications involved some new people who have not previously been identified, including a former Trump National Security Council member by the name of Rich Higgins. You may have heard of Higgins he wasthe guy who was forced outfor making the charge that globalists, Islamists, and other forces within the government were subverting President Trump's agenda. The plot also involved a lawyer for the Army who not very convincingly claimed to the Post that he knew nothing about any of it and a former Republican candidate for Congress from Virginia.

Keep in mind that one of the live theories that was floating around at the time was "Italygate," which held that an Italian defense contractor and the CIA had penetrated the voting machines and changed the votes from Trump to Biden. (You may recall thatat one pointSidney Powell called up the Pentagon and demanded that they send in a special forces crew to rescue CIA director Gina Haspel whom she said had been taken into custody while on a covert operation to destroy the evidence.I'm not kidding.)

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

Needless to say, using the NSA for this purpose is completely outrageous not to mention illegal. There's no indication that Trump himself was involved in this particular plot although he was certainly on board with the voting machine seizure idea, so who knows? But according to the Post, there were other high-level government officials who definitely knew about it. Republicans Sens. Kevin Cramer of North Dakota, Ron Johnson of Wisconsin and Cynthia M. Lummis of Wyoming were all invited to a meeting at the Trump Hotel by Mr. My Pillow, Mike Lindell, where the conspiracy theory that there was foreign interference in the election and the notion of seizing the machines came up again. After that meeting, Cramer and Johnson were sent a copy of that memo outlining the use of the NSA to search for evidence. Apparently, GOP members of the House were briefed on all of this as well.

We already knewthat the White House Chief of Staff Mark Meadows had tried to enlist the DOJ to investigate this inane "Italygate" conspiracy theory and it was previously reported that GOP Sens. Mike Lee of Utah and Lindsey Graham of South Carolina"vetted"the fraud claims, even going so far as to call people around the country to verify them. In fact, it's fair to assume that most of the GOP members of Congress were aware of the machinations that were happening in and around the White House because it's so crazy that word almost certainly got around. Quite a few were being heavily lobbied by the president and Rudy Giuliani to object to the count on January 6th.

Not one of them spoke up and alerted the public about what was going on. Cramer is the first to go on the record at all and it took him well over a year to do it. They all knew that Donald Trump was plotting a coup and they said nothing. Again, I don't know if it's illegal for an elected official to stand by passively as someone plots to overthrow the government but I know it should be.

Read more:

Originally posted here:
Republicans in Congress were in on Trump's coup plot - Salon

ISLAMABAD: National Security Adviser (NSA) Dr Moeed Yusuf on Thursday said Afghanistans Taliban government was maintaining cordial ties with Pakistan and recent border fencing troubles were not part of their policy.

Speaking at a meeting of the National Assemblys Foreign Affairs Committee, where he had been invited for a presentation on the recently unveiled National Security Policy (NSP), Dr Yusuf said: At the policy level in Afghanistan there is total positivity on Pakistan.

He said the state of relations with the new regime in Afghanistan was in complete contrast to the hostility and acrimony towards Pakistan witnessed during the previous government there when even Pakistani trucks were subjected to intense checking.

He made these remarks in response to a query about the health of relations with the Taliban government after multiple incidents in which Taliban commanders disrupted the work on fencing of the Pak-Afghan border and removed barbed wire from some places.

Moeed says government will encourage a debate on security policy in parliament

Dr Yusuf said those incidents were local level issues that were addressed locally and had nothing to do with the policy of Taliban government.

Responding to a question about talks with the Tehreek-i-Taliban Pakistan (TTP), the NSA said all options were on the table for the government after the terrorist group unilaterally refused to extend a ceasefire.

Prime Minister Imran Khan had in October disclosed that the government was holding peace talks with TTP. The two sides agreed in November to an extendable month-long ceasefire. However, at the end of the one-month period, TTP refused to prolong it on the pretext that Pakistan government did not fulfill its commitments.

Dr Yusuf said the talks were started at the request of the Taliban government because Pakistan wanted to give dialogue a chance.

He said the talks were held on the condition that the terrorist group would renounce violence, respect countrys Constitution, and there will be no immunity for those involved in violence and other crimes.

Other officials have in the past said that TTP made unacceptable demands during the talks because of which the process could not continue.

About the NSP, Dr Yusuf said the government would encourage a debate on the policy in the parliament. He said the process for the implementation of NSP had, however, begun after its approval by the federal cabinet last month.

The policy has laid out an implementation framework with well-defined progress indicators and the National Security Division has to present status of progress to the National Security Committee every month.

He said that former adviser to the prime minister on foreign affairs, Sartaj Aziz, had started working on the policy in 2014, added Dawn.com.

He went on to say that the policy concerned the economic security of the country and the common man. He said Kashmir issue was part of the NSP, adding that food security, hybrid war, education and organized crime had also been included.

The policy has been drafted for the next five years. Some measures are long-term and some are short-term, he said.

In a message on Twitter later, Dr Yusuf said some of his remarks to the committee were mischaracterised by media and that some quotes being attributed to him were incorrect.

Published in Dawn, January 28th, 2022

See the rest here:
Opposition to fencing not Talibans policy: NSA - DAWN.com

New Delhi: Pakistans National Security Advisor (NSA), Moeed Yusuf Thursday said that the safety of foreigners in the country is Pakistans responsibility, and concerns of Chinese workers and engineers working on the China-Pakistan Economic Corridor (CPEC) are being taken seriously, Express Tribune reported.

The NSAs remarks came in an interview with the Beijing Review where he mentioned that some countries and their proxy actors do not want the CPEC to succeed, as they see the Pakistan-China partnership as a threat.

Yusuf acknowledged that there have been a number of attacks on the CPEC projects, highlighting that India supported and funded them through anti-Pakistan militant organisations operating from third countries, the report said.

Unfortunately, our enemies will continue to seek ways to target us, he added.

However, the NSA stated that regardless of these attacks, there is clear evidence that the Pakistan-China relationship is still going strong as the two countries came out stronger and further strengthened security protocols.

All inimical forces working at the behest of external powers to undermine the CPEC will be defeated, said Yusuf, adding that Pakistan now has a mechanism to ensure the security of every Chinese citizen in the country.

He emphasised that the full potential of the CPEC will only be realised when there is peace in the region, the report said.

Responding to a question, the Pak NSA maintained that Pakistan neither believes in camp politics, nor it wants to be pushed in that direction.

China has always counselled us to have good relations with everyone, and we have always maintained that Islamabads relations with Beijing are not exclusive, he said.

Read the original:
Pak NSA accuses India of funding attacks on CPEC projects - The Kashmir Walla

A bald eagle named Christmas found freedom Tuesdayat Lake Gallimore on the south side of the Naval Support Activity Crane installation. She was released close to the area where she was found, obviously injured, 52 days before by a worker at Crane.

With frigid temperatures and a bitingwind, the eagle flew out of the gloved hands of Robert "Angel" Lange, a Navy veteran who now works as a wildlife rehabilitator. A few short hops up the grassy hillside, testing her wings, took the raptor to the edge of the icy lake.

While a handful of spectators watched, Christmas then headed out onthe ice, into the frigid waters for a short swim and onto a small island in the lake.

"She's testing her wings," Lange said, explaining the bird hadn't been able to truly fly since she was caught almost two months before, even though she'd spent time in his flight cage in Knox County.

The raptor traveled to her release location in a 12-by-24-by-7-foot dog cage and needed to work her wings before taking to the air, Lange said.

While the bird was making her way onto the island, two other bald eagles watched from their perch in a tree above their nest, one of two active nests at Crane.

Eagle events: Want to see a bald eagle? Eagles over Monroe events

Many bird species lay their eggs later in the year, butbald eagles in Indiana do so from December through February. Getting the adult female back into the wild near where she was found increases the chance she may find a mate this year.

When Christmas was captured, she had a puncture wound to her breast and an infected wing. Lange speculates the wound could have been caused during mating or while the bird was adding sticks to a nest.

Because of cooperation between Crane and the Indiana Department of Natural Resources, Crane officialswere able to contact a conservation officer who then contacted Lange. A visit to a veterinarian for X-rays revealed no broken bones and the eagle was transported to Lange's rehab center where she was fed and medicated until her release.

The Crane installation about 35 miles southwest of Bloomingtoncovers63,000 acres, mostly in Martin County,with about 52,000 acres of forest, according to Brady Miller, NSA Crane natural resources manager.

While Naval Support Activity Crane and Naval Surface Warfare Center Crane are best known for the ordnance and technology stored and created on the installation, Jeff Nagan, public affairs officer, said caring for the environment is another priority, especially with the large land mass the installation encompasses.

Counting species: Whooping cranes, barn owls, red-throated loons found during area Christmas Bird counts

The National Audubon Society lists Crane as an "Important Bird Area," adding it has about 100 bird species including many that depend on large tracts of forested areas. Crane officials take annual surveys for certain bird species, including the American woodcock, according to Miller. But bald eagles are making a comeback, with some migrating through the area and others establishing nests.

The two active bald eagle nests, at Gallimore and Greenwood lakes,were established in the 1990s by birds released at Lake Monroe more than 30 years ago. Since that time, bald eagles have found their way to rivers and lakes across the Hoosier state.

Everyone involved with the release of Christmas was hoping she finds a mate andestablishesanother nest at Crane.

Contact Carol Kugler at ckugler@heraldt.com,812-331-4359 or @ckugler on Twitter.

Read more here:
A bald eagle named Christmas is released back into the wild at Crane after rehabilitation - The Herald-Times

Note: This OSINT analysis has been originally published at my current employers Web site https://whoisxmlapi.comwhere Im currently acting as a DNS Threat Researcher since January, 2021.

Weve recently came across to a currently active free VPN domains portfolio which based on ourn research and publicly accessible sources appears to be run and operated by the NSA where the ultimate goal would be to trick users into using these rogue and bogus free VPN service providers in particular Iran-based users where the ultimate goal would be to monitor an eavesdrop on their Internet activities and weve decided to take a deeper look inside the Internet-connected infrastructure of these domains and offer practical and relevant threat intelligence and cyber attack attribution details on the true origins of the campaign.

In this case study well offer practical and relevant technical information on the Internet-connected infrastructure of this campaign with the idea to assist the security community on its way to track down and monitor this campaign including to offer actual cyber attack and cyber campaign attribution clues which could come handy to a security researcher or a threat intelligence analyst on their way to track down and monitor the campaign.

Original rogue portfolio of fake VPN service domains courtesy of the NSA:

bluewebx[.]com

bluewebx[.]us

irs1[.]ga

iranianvpn[.]net

IRSV[.]ME

DNSSPEEDY[.]TK

ironvpn[.]tk

ironvpn[.]pw

irgomake[.]win

make-account[.]us

make-account[.]ir

IRANTUNEL[.]COM

JET-VPN[.]COM

newhost[.]ir

homeunix[.]net

vpnmakers[.]com

hidethisip[.]info

uk[.]myfastport[.]com

witopia[.]net

worldserver[.]in

music30ty[.]net

misconfused[.]org

privatetunnel[.]com

aseman-sky[.]in

Related domain registrant email addresses known to have been involved in thecampaign:

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]COM

[emailprotected][.]cz

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

[emailprotected][.]com

Related domains known to have been involved in the campaign:

gaysexvideo[.]us

keezmovies[.]us

hitporntube[.]com

enjoyfreesex[.]com

allfreesextube[.]com

thegaytubes[.]com

sextubeshop[.]com

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marriagesextube[.]com

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teensexfusion[.]net

rough18[.]us

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1retrotube[.]com

typeteam[.]com

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hadcoreporntube[.]com

reporntube[.]com

telltake[.]com

asianprivatetube[.]com

hostednude[.]com

alfaporn[.]com

sexbring[.]com

porntubem[.]com

newerotictube[.]com

firstretrotube[.]com

oralsexlove[.]com

1bdsmtubes[.]com

hairytubeporn[.]com

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xxxgaytubes[.]com

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amateurpornlove[.]com

admingay[.]com

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Exposing a Currently Active Free Rogue VPN Domains Portfolio Courtesy of the NSA An OSINT Analysis - Security Boulevard

At a glance.

SecurityWeek takes a look at Europols use of mass surveillance via a report by an international law professor. Europols bulk data mining has been determined to be a breach of the General Data Protection Regulation (GDPR), resulting in the European Data Protection Supervisor ordering Europol to delete all stored data not related to a person with a known link to crime. Douwe Korff, an Emeritus Professor at London Metropolitan University, compares Europols recent issues with mass surveillance to the Edward Snowden scandal. The GDPR was instituted, at least in part, in response to Snowdens revelations regarding NSAs mass surveillance, leading some to view Europols behavior as hypocritical. As the Guardian put it, While Europol lags behind the US in terms of technological capacity, it is on the same path as the NSA. Korff writes, This is about the desire of Europol and EU Member States to collect, in a generalized manner, vast stores of personal data on overwhelmingly innocent people,

As we noted yesterday, the White Houses Office of Management and Budget (OMB) has released a memorandum setting out a zero-trust architecture adoption strategy for federal agencies. As CNN notes, the plan gives agencies until 2024 to implement the required benchmarks, and is an attempt to set cybersecurity policies that revolve around outcomes rather than checklists. "This strategy is a major step in our efforts to build a defensible and coherent approach to our federal cyber defenses," National Cyber Director Chris Inglis said in a statement.

Bleeping Computer adds that cybersecurity experts have been advocating for a zero-trust model for years, and in February of last year, the National Security Agency (NSA) and Microsoft recommended the approach for large companies and critical infrastructure. In the press release accompanying the memorandum, CISA director Jen Easterly explained As our adversaries continue to pursue innovative ways to breach our infrastructure, we must continue to fundamentally transform our approach to federal cybersecurity. Zero trust is a key element of this effort to modernize and strengthen our defenses. CISA will continue to provide technical support and operational expertise to agencies as we strive to achieve a shared baseline of maturity.

The Verge explains that now that the final strategy has been issued, agencies are expected to designate a strategy implementation lead within their organization in the next thirty days, and they have sixty days to submit their implementation plan to the OMB.

We received a number of comments from industry about OMB's memorandum.Tim Erlin, VP or strategy at Tripwire, sees the memorandum as an important advance in Federal cybersecurity:

The published memorandum represents a substantial step forward for cybersecurity across the US government. Moving the whole of government in a single, forward direction is incredibly difficult, and the efforts of OMB and all of the participating agencies should be applauded.

"Implementing a Zero Trust Architecture is a proven way to reduce cybersecurity risk, but it is by no means an easy solution. The OMB memorandum lays out a set of foundational steps that agencies must take in order to begin this journey to Zero Trust, but its just a beginning.

"Its unfortunate that this memorandum doesnt provide a clearer role for what NIST identifies as one of the key tenets for Zero Trust: integrity monitoring. Documents from both CISA and NIST include integrity monitoring as a key component of Zero Trust, but the OMB memorandum doesnt include similar treatment. Integrity monitoring is foundational to a successful Zero Trust Architecture.

"This memorandum includes substantial requirements and discussion around Endpoint Detection and Response (EDR), and in doing so, runs the risk of over-reliance on a specific technology. EDR is already evolving into Managed Detection and Response (MDR) and Extended Detection and Response (XDR). The cybersecurity technology landscape moves quickly, and theres a real risk that agencies will find themselves required to implement and run a superseded capability.

Troy Grubbs, Regional Director of Federal at CyberArk, also thinks the emphasis on zero trust is an important advance:

Fully embracing a Zero Trust approach to cybersecurity is a sea-change for much of the federal government, not only operationally, but also in mindset. As described in the OMB memo, the heart of the shift lies in protecting identity both in how users and applications access data and complete tasks. In particular, the compromise of privileged identities (identities that have elevated access to sensitive data), is increasingly a target of bad actors and poses one of the greatest cybersecurity risks. Damages cannot only be measured by the impact of public service disruptions, but also, by the risk of compromising national security and defense readiness and public safety.

"Our geopolitical environment is increasingly uncertain, and the tactics used by adversaries have significantly advanced. A Zero Trust approach, with securing identity at its core, is best suited to protect vital infrastructure and data and allow agencies to securely execute their IT modernization goals.

Michael Crandell, CEO at Bitwarden, thinks the guidance needs some expansion with respect to the storage of passwords:

"With todays news that the Office of Management and Budget (OMB) released a Federal strategy to move the U.S. Government toward a zero trust approach to cybersecurity, there is a clear missing piece to the strategy, with the OMB offering no advice on how to generate and safely store strong and unique passwords.

"For instance, the strategy mentions that password policies must not require use of special characters or regular rotation. However, their advice to not rotate also comes with a need for people to use strong and unique passwords, an area where they offer no guidance.

"The federal strategy also covers the important matter of multi-factor authentication, which can stop hackers from guessing weak passwords or reusing passwords obtained from a data breach. But whats missing is how are people advised to avoid weak or re-used passwords? That question is left open and misses an opportunity to show people the value of a password generator, available for free both outside and inside password management products.

"When it comes to cybersecurity, we are all in this together. It helps all of us when the administration reinforces the message that cybersecurity is everybodys responsibility and gives the public guidance on the tools they need.What would make their guidance complete is simple: use a password manager.There are many available, including several free options, and experts, including NIST the National Institute of Standards recommend them. Password managers are a simple, practical solution that will help people avoid weak and re-used passwords, and instead create, save, and use strong and unique passwords to keep themselves safe online."

And Craig Mueller, of iBoss, sees an implicit mandate for cloud service providers:

Cloud Service Providers (CSPs) that cannot make all applications and resources private, including those in the cloud, will fail to reduce cyber risk and deliver on the Zero Trust model as outlined in the NIST Special Publication 800-207 mentioned in the memorandum. Cloud Service Providers will require a containerized cloud architecture to ensure cloud applications become completely isolated and only accessible specifically to trusted users. With a containerized architecture, the federal government can implement the goals of the memorandum and ultimately protect and isolate all resources, regardless of location, while granting access to those resources to trusted users working from anywhere.

Continued here:
Europol, mass surveillance, and GDPR. More on US zero-trust architecture plans. - The CyberWire

On September 30, 2021, the federal Departments of Treasury, Labor, and Health and Human Services issued Requirements Related to Surprise Billing;Part II, the second in a series of interim final regulations (the Second NSA Rules) implementing the No Surprises Act (NSA). This new federal law became effective for services on or after January 1, 2022.

Not surprisingly, the Second NSA Rules have sparked a series of federal lawsuits against these agencies (seehere,here, andhere) brought by providers, hospitals, and medical associations alleging that the Rules unlawfully create advantages to the payors that were not intended by the NSA. The Second NSA Rules focus on the independent dispute resolution (IDR) that may be initiated by either party if there is a disagreement as to the payment amount. The IDR process will determine how much the payor must reimburse the non-participating provider or facility for out-of-network emergency or certain facility based non-emergency services (subject also to applicable state law or a state all-payer system).

As we previouslydiscussed, the first set of NSA regulations provided, among other things, a methodology for how the payor calculates a patients estimated cost-share amount and the qualifying payment amount (QPA), which was identified as one of several factors that IDR entities must consider if the provider and payor cannot agree on an out-of-network rate for that particular date of service. Now, pursuant to the IDR rules outlined in the Second NSA Rules, arbitrators are required to begin with the presumption that the market-based QPA represents fair compensation, thereby creating additional evidentiary burdens for providers to prove that a more generous payment is warranted.

Here is an overview of how the NSA claims submission process works and, if necessary, how the IDR process works:

The IDR process is a baseball-style arbitration, meaning that each party must submit a proposed offer of payment and the IDR entity resolves the dispute by selecting one of the parties proposed amounts. Significantly, the Second NSA Rules make clear that the IDR entitymustselect the offer that is closest to the QPAunlessthe opposing party has submitted credible information that clearly demonstrates that the QPA is materially different from the appropriate out-of-network rate for the covered item or service. Additional information that may be submitted to rebut this presumption includes: the providers training and experience, the complexity of the procedure or medical decision-making, the patients acuity, the market share of the insurer and provider, the teaching status of the facility, the scope of services, any demonstrations of good faith efforts to agree on a payment amount, and the contracted rates from within the prior four years. But the IDR entity maynotconsider such information in resolving the dispute unless the information clearly demonstrates that the QPA is an inappropriate rate for the item or service at issue. In addition, according to the statute and regulations, the IDR entity maynotconsider: (i) the usual and customary charges; (ii) the amount that would have been billed but for the NSA; and, (iii) payment rates under Medicare, Medicaid, TRICARE, or other federal programs.

Provider groups that had intended to rely on the other permissible factors listed in the federal law during IDR proceedings are now confronted with the additional burden of having to overcome this new presumption in favor of the QPA. In the various federal lawsuits challenging the presumption favoring the QPA, the plaintiffs argue that Congress intended for the arbiter to considerseveralfactors, such as prior contracted rates for the medical service, the physicians experience and training, and case complexity, among others. According to these lawsuits, the federal agencies failure to follow the NSAs clear statutory mandates when promulgating these interim final rules by adding this new rebuttable presumption will drive down physician reimbursement rates and encourage payors to further narrow their networks, ultimately making it harder for patients to access necessary medical care. The lawsuits also argue that the Second NSA Rules may result in consumers paying higher premiums, which is contrary to Congresss stated intent to protect certain consumers from ever-increasing health care costs.

Whether and how providers will be able to meet these new credible and material difference regulatory requirements, and the overall impact of these new regulatory requirements on network and rate negotiations, remain to be seen. These are important cases to watch as we are in the first month of the implementation of the NSA and they may further shape the regulatory implementation of the NSA.

This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. 2022 Epstein Becker & Green, P.C.

Read more from the original source:
Hotly Contested Dispute Resolution Rules in Second Federal No Surprises Act Interim Final Regulations Are Being Challenged in Court - Lexology

Elizabeth Meyers Promoted to Director of Client Services at Kairoi Residential

Elizabeth Meyers

Kairoi Residential a premier, vertically integrated, multifamily investment, development and property management company announced the promotion of Elizabeth Meyers to director of client services, based in the Denver market. Elizabeth has more than 12 years of leadership experience in the multi-family industry, with a wealth of expertise in social outreach, marketing, relationship building and property operations.

Elizabeth has proven herself to be a very valuable part of our team, providing our residents and partners with a professional commitment to their satisfaction and success, said Sam Kasparek, managing partner of Kairoi Residential. At Kairoi we strive to provide everyone we work for and represent with a team of individuals who are leaders in the industry and respected by their peers. Elizabeth exemplifies that goal in every possible way.

Elizabeth has provided management services for more than 20 clients in nine states and is well-versed in lease-ups, value add, repositioning, and all classes of asset type. Herbackground in design and understanding of residents needshas solidified her work as a pre-construction consultant on luxury ground-up developments, as well as spearheading thousands of unit renovations and many other capital improvement projects. In the past, she worked with leading companies such as Lincoln Property Company and Aspen Square Management and has a Bachelor of Arts degree in both Communications and Psychology from the University of Montana.

Ally Hyziak

Jill Jimerson

i2Construction Hires Assistant Project Manager and Office Manager

i2 Construction, a Denver-based full-service commercial general contractor recently welcomed two new professionals to its team: Jill Jimerson as assistant project manager, and Ally Hyziak as office manager.

Jilljoins i2 with10 years of industry experience. She began her construction career estimating roofing and restoration projects later working her way up to a project coordinator roleon ground-up and multifamily projects.This is where Jill gained much experience in and found her love of construction management.In her current role as an assistant project manager with i2 she will work insupportof the senior project managers composing contracts,obtainingpermits, andtracking long lead items, to name a few. She also works directly with clients, architects and the field to ensure a smooth execution of projects and help to maintain healthy, long lasting relationships with everyone involved.

Ally has approximately10 years of experience in sales, marketing, and office management, with three of those spent in the construction industry. Sheprovides overall support to all departments internally throughout i2 and assists with business development and marketing. She earned aBachelor of Science Applied Business Analytics and Certificate in Marketing Management from the University of Southern California.

As we continue to expand our organization, with new roles and depth of support, it has been incredible to find exceptional people across all departments. Ally and Jill give us just that, an expanded breadth of support and abilities that will continue to help us grow our abilities, said Scott Farrell, president of i2 Construction.

BMC Investments Adds Four Members to its Leadership Team

Tiffany Stanley

Josh Mesner

BMC Investments (BMC), a Denver-based real estate investment company specializing in the acquisition, development, and management of properties across various asset classes and geographies, announced today the addition of four individuals to its leadership team: Tiffany Stanley as managing director, head of property management; Josh Mesner as senior vice president, asset management; Julian Felch as vice president, asset management; and Nick Martin as vice president, corporate finance & accounting.

With over $1.6B in transaction volume in 2021 and even more aggressive goals in 2022, its imperative that we continue to add depth of experience to our leadership team, said Matt Joblon, chief executive officer of BMC Investments. With decades of combined experience, the addition of Tiffany, Julian, Josh and Nick will be invaluable as we pursue our growth plan of reaching $5B in assets under management over the next five years.

Tiffany Stanley has joined BMC as managing director, head of property management. In her new role, she will oversee BMCs property management platform, creating a scalable structure through operational discipline, technology and top-tier talent that can accommodate the growth of another 20,000 units over the next five years. Tiffany brings over 26 years of experience in the property management industry to BMC, including managing more than 30,000 units over the course of her career. Prior to joining BMC, Tiffany had most recently been executive vice president with Steadfast Apartment REIT, overseeing all aspects of property operations, including revenue management, procurement, and capital facilities operations.

Josh Mesner has joined BMC as a seniorvice president of asset management where he will oversee asset management of BMCs commercial assets, Class A multifamily and new developments while implementing an institutional portfolio management program to accommodate the companys transition into fund management. Prior to joining BMC, he was a director of acquisitions in the Housing Group at Nuveen Real Estate, responsible for sourcing and closing equity investments across the firms various capital sources. Prior to Nuveen, Josh spent seven years at Invesco Real Estate, most recently as a portfolio manager on the Invesco U.S. Income Fund and previously three years in the transactions group. Before joining Invesco, Josh held real estate positions with Pacific Western Bank, Strategic Investment Group and JLL. He graduated from the University of Wisconsin-Madison with an MBA, specializing in Real Estate and received a BBA in Finance from James Madison University.

Julian Felch

Nick Martin

Julian Felch has joined BMC as vice president of asset management where he will oversee the management of the companys workforce housing portfolio and execute the value-add business plans of interior and exterior renovations to upgrade Class B and C properties as well as implement new analytics to maximize revenue, reduce expenses and achieve operational outperformance for all properties.

Julian began his real estate career managing a multifamily construction project on West 30th Street in Manhattan and subsequently held several senior operations roles with prominent owner/operators in New York City, spanning multifamily, industrial, and commercial portfolios as well as alternative assets such as self-storage and parking. Most notably, Julian spent five years on the management team at the 80-acre, 11,200-unit Stuyvesant Town/Peter Cooper Village rental community in Manhattan, first with Rose Associates and then with CWCapital/CompassRock. He was centrally involved in re-positioning the property for its subsequent $5.3B sale in 2016. He earned a BA from Bates College and holds an MBA from Harvard Business School.

Nick Martin has joined BMC as the vice president of accounting & corporate finance. He is responsible for the companys accounting, reporting and financial planning & analysis functions. Prior to joining BMC, Nick was vice president of accounting & finance at Yugo, a student housing management company with nearly $2 billion in assets under management, where he was responsible for accounting and finance while leading multiple strategic initiatives, helping complete two national portfolio recapitalizations, and having a critical role in the formation of the joint venture between GSA and Morgan Stanley. Prior to joining Yugo, Nick spent 10 years in real estate, public accounting, business valuation and financial reporting which he achieved while serving in multiple roles and being a key member of two publicly traded financial reporting teams, CoreSite and Natural Grocers.He earned a B.A. in Economics from the University of Wisconsin-Oshkosh, Masters degrees in Finance and Economics from the University of Colorado and is a Certified Public Accountant.

National Storage Affiliates Trust Announces Executive Leadership Promotions

Melissa Cameron

Tiffany Kenyon

National Storage Affiliates Trustrecently announced the following promotions among its senior leadership team, effective January 1, 2022:

Tiffany Kenyon has been promoted to executive vice president and general counsel (she was previously senior vice president and senior legal officer).

Melissa Cameron has been promoted to senior vice president of customer acquisitions (she was previously vice president of customer acquisitions).

Were extremely pleased to announce these promotions which recognize the growth in responsibility and expertise both Tiffany and Melissa have demonstrated, said Tamara Fischer, president and chief executive officer, of NSA. Their commitment to the continued success of NSA has been invaluable. These promotions exemplify NSAs commitment to furthering our Diversity, Equity and Inclusion initiatives.

Prior to her promotion, Tiffany served as NSAs senior vice president and senior legal officer. She joined NSA in 2018 after previous positions with MarkWest Energy Partners, including vice president of law and working in private practice with Greenberg Traurig, LLP as a shareholder. She received her J.D. degree from the University of Colorado at Boulder, where she graduated Order of the Coif, and received her bachelors degree in Business Administration from the University of North Carolina at Chapel Hill, where she graduated Phi Beta Kappa.

Melissa also joined NSA in 2018 as vice president of marketing. She has over 20 years of experience in digital marketing, including roles as the senior director of digital marketing at Extra Space Storage where she led the digital marketing and customer experience teams. In 2014 she won the Direct Marketing News 40 under 40 award. Melissa holds a Bachelor of Commerce degree with a concentration in Marketing from Carleton University in Ottawa, Canada.

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Movers and Shakers Week Ending 01.28.22 - Mile High CRE