To comment on the valley of 215. But if confirmed i certainly intend to be able to do so. I believe one of the most important functions of the director of the National Security agency is to be able to articulate just that. What is the value of our effort so that we could make well informed and smart decisions. Do you have an opinion as to whether, yeah, and opinion, as to whether or not there has been an instance involving a threat to the United States in which the 215 program made a concrete difference . Do you have an opinion going in on that subject . Nothing specific. Ive not had a chance to sit down and red review the events. If my memory is correct, general alexander outlined a number of instances in which he thought 215 generated value. All right. And this is also for you, admiral or do you think the department of defense is doing enough to provide capabilities for our defense of cyber units by exploiting commercial technology . I would use my own experience right now as the Navy Component to u. S. Cyber command, where we have a continual outreach to the broader commercial industry sector in an attempt identify just what technologies are available that we could use in the missions. There is an aggressive effort to do so. Thank you both. Senator inhofe. Thank you, mr. Chairman. We expressed many times our concern about iran and the threat that they pose to us, and that our intelligence and classified intelligence as far back as 2007 indicated that they would have a capability of a weapon, or Delivery System by 2015, then it was even more forcefully expressed in an report that was unclassified by our intelligence in 2010, reaffirming their suspicions are earlier. So i have been concerned about that for a long period of time, im concerned that a president that some of thinks theres an opportunity to get them to join the Global Community and reform their ways. In a recent wall street journal article, suggesting the iranians were able to successfully infiltrate the navy network. The federally 17th article racist series questions suggesting iran was able to access the bloodstream of the navy network. Im going to quote from that report. Irans infiltration of a Navy Computer network was far more extensive than previously thought. It took the navy about four months to finally purge the hackers from its biggest unclassified computer network. If its true, geopolitical consequences of such an attack should really be found. However, it remains unclear what, if anything, this administration would do in response to such behavior. With a similar penetration by the iranians were planes into american airspace be treated with such ambivalence . I would hope not. Admiral rogers come in your current job as commander of the fleet Cyber Command means you whayouare the one responsible fr defending navy networks. This happen on your watch, correct . Yes, sir commented. What are the consequences of iranian action in cyberspace . First, it is a matter of policy and for Operational Security reasons would never categorize who exactly publicly penetrated the network to i would be glad to discuss this week in a classified session. No. Has been discussed in an unclassified session for quite some time. That we are talking about iran in this case, but go ahead. Not to my knowledge but i apologize. Specifically, a segment of our Unclassified Network was compromised. They were able to gain access to the system. In response to that i generated an operational requirement for not just to push them out of the network by wanted to use this opportunity to do a much more foundational review of the entire network to use this as an opportunity to drive change within my own service. What is the administration doing now in response to this attack speak was im sorry, i apologize but im not in a position to comment. My Opening Statement i quoted general fraser. He testified last year that a number of Cyber Attacks against transcom have doubled from 45,000 in 2011 to nearly 100,000 in 2012. Now, thats not very good, is it . Does that concern you . Into what level in my current position is, im aware of statistics and we taken pretty aggressive action to secure our networks as i discussed before. The nature of our network that ties Us Commercial providers of transportation requires us to have access to the information from their networks as well. We have been working diligently with those contractors and commercial providers to secure those networks. Is a number of attacks doesnt actually quite to the number of actual intrusions and data exfiltrated, but to the number of probes and attempt to get into the network. So if confirmed for the position of transcom command i will continue to work the issue hard with jenna rogers team at cyber, as well as with our 24th air force team which is the designated unit that essentially provides the extra security for our networks. All right. When we had a hearing in february, general alexander, and general alexander and i become good friends over the years and weve a chance to have a lot of conversations, personal conversations. What he was asked when a cyberattack, an act is actually an act of war. To explain what sort of actions and ambition might take in crossing that threshold, he answered that he believed that if an attack destroyed military or Government Networks or impacts our ability to operate, youve crossed that line. Do you think, admiral rogers, that the you agree with that characterization . I would a great. Do you agree they have have crossed that line . Im sorry . They crossed that line in the actions theyve taken. That day, they are referring to . Im talking about what, when general alexander was asked when a cyberattack does cross that line and becomes an act of war, and he said that networks that affects are built to operate them youve crossed that line. Do you agree with that characterization . Do you believe we have crossed that line . No, i did not believe we have crossed that line. D. Agree with the statement that was made by general selva that the number of Cyber Attacks against transcom doubling from 4,502,011 to nearly 100,000 in 2012 dozen properly express our deterrent against these attacks . Does this concern you that we have doubled in that are periodf time and the number of Cyber Attacks on us . I apologize big is your question the general or myself a . The question is for you. Im saying that general fraser testified that the number of Cyber Attacks on transcom lets a cyberattack spirit, is increased from 45,000 to 100,000 any period of the year. Isnt that concerned . Does that mean perhaps were not doing the job we should be doing . It is concerned but i think its reflected in a level of investment the department is making in the Cyber Missions that. Even as we face challenging budget times, cyber remains one of the errors in which the Department Remains committed to actual growth and capability. My only concern here is that, first of all i believe a lot of the things ive gotten from the unclassified media and classified that iran is very active in this area. I think ive been concerned about their capability and ive expressed that concern. And it appears to me that quite a statement such as we have from the administration quote if iran seizes this opportunity and chooses to join the Global Community, we can chip away at the mistrust that exists. I just think that we need to be talking about the fact that we have an enemy out there and hes demonstrated that very clear. And now this new capability, a few years ago nobody knew what he cyberattack was. I think we all understand that it can be just its critical, just as damaging to our country as an attack with weapons on this country. I think you all agree with that, dont you . Yes, sir. Thank you, mr. Chairman. Senator udall. Thank you, mr. Chairman. Good morning gentlemen. Thank you for your distinguished service to our nation. Admiral rogers, want to turn to you. Your written testimony advance policy responses. In those i noted that you stated that if the government could continue to access phone records through Foreign Service providers or repositories, that could serve as a viable alternative to the current phone records collection program. I was glad to read that. He also wrote that the Business Records 215 program quote grew out of a desire to address the gap identified after 9 11. Since one of the hijackers cleat on it hard to make a phone call from san diego to a known alqaeda sake safe house in human. You know that the nsa saw that call but you could not see those coming from an individual already in the United States. Im concerned by the invitation that somehow section 215 program could have prevented 9 11. And i want to set the record state. From my point of view. As the 9 11 Commission One of the set a new about him made our but did not tell the fbi to the argument that this is record data could been the key to identifying doesnt stand up in my view. Also i dont know why the nsa couldnt gain the authorization on an individualized basis to determine whether this inning and was in contact with anyone in the United States and i dont see why able collection of it wouldve been necessary. And doesnt you agreed the constitution is not an abatement to our security. Its the source of our security. We can into the collection and focus on terrorists and spies without infringing on the Constitutional Rights of lawabiding americans. Last year the president acknowledged what ive been saying, the status quo must change. I look fo forward to working wih you to make those changes. If i might be looking ahead i want to turn to the 702 program and ask a policy question about the authorities under section 702 am written in to the fisa amendment act. The committee asked or anything of the legal rationale for nasa to search their data required under section 70 using you as person identifiers without probable cause. You replied the nsas Court Approved procedures only permit searches of the lawfully acquire data using you as person identifiers for valid foreign intelligence purposes. And under the oversight of the Justice Department and the dni. The statues written to anticipate the incidental collection of Americans Communications in the course of collecting the communications of foreigners reason reasoned to be located overseas but the bulk is intended be foreigners communications, not americans. But declassified Court Documents show that in 2011 the nsa sought and obtained the authority to go through communications collected under section 702 and conduct toward what was searches of specific americans. My question is simple. Have many of the searches ever been conducted . I apologize. Im not in a position to be able to answer that as a nominee. You yes. But if youd like me to come back to you in the future if confirmed to be up to specifically address the question i would be glad to do so. You may recall that director clapper was asked this question in a hearing earlier this year. He didnt believe that an open forum was the appropriate setting in which to discuss these issues. The problem that i have, senator wyden, and others, is weve tried various ways to get an unclassified answer, simple answer yes or no to the question. We want to have an answer because it relates, the answer does, to americans privacy. Can you commit to answering the question before the Committee Votes on your nomination . I believe one of my challenges is as director, if confirmed is how do we engage with the American People, and by extension their representatives come in a dialogue in which they have a level of comfort as to what were doing and why. It is a challenge for those of us from an intelligence background, to be honest. But i believe one of the takeaways from the situation over the last few months has been as an intelligence professional, as a Senior Intelligence leader, i have to be capable of communicating in a way that highlights what we are doing and why to the greatest extent possible. And perhaps a compromise is, if it comes to the how we do things in the specifics, those are best addressed perhaps in a classified session. But when my challenges is i have to be a blue speak in broad terms in a way that most people can understand the i look forward to that challenge. I will continue asking a question and also look for to working with you to rebuild the confidence as you pointed out the public as in the very final mission that you held. Lets turn to cyber for the last half of my time. Before i ask a specific question i want, and i dont want to send her steel senator mccain stand up and think he is a very creative idea of setting up a special committee on cybersecurity so that we can cut through some of the jurisdictional tension that existed but anymore specific context, you noted in your comments that weve got to really work to develop and train a significant number of highly capable cyber personnel to meet the nations needs. Theres no doubt if are going to achieve dominance, that we have to have those personnel. Weve done in a physical world, in the kinetic world, and we can do it in cyberspace. Do you believe were doing enough to cultivate cyber professionals in the early stages of their career . The air force academy which is located in my state has given us the opportunity to fly small aircraft in their college years. They enter Pilot Training and are familiar with the fundamentals in the field of flying an airplane. Or a helicopter. And im afraid were not getting the same level of attention to cyber training programs. Should we be investing more hands on realworld training opportunities at our academies for the next generation of Cyber Warriors . Yes, sir. As a naval officer, i have worked with her own Naval Academy on doing just that. In fact, right now the requirement of the Naval Academy is theres a baseline cyber course requirement for every mission. Thats a new requirement laid out in the last couple of years. I look for to working with you in that area as well, because we will achieve dominance. Weve got to make this investment up front. I think you and i both agree. Thank you again, both of you, for your willingness to serve in these important positions. Thank you. Senator mccain. Thank you, mr. Chairman. I thank the witnesses for the outstanding service. Just to follow up, admiral rogers, general alexander when asked, he said because of the overlapping jurisdictions of many committees of congress that he thought that a select committee to investigate this entire issue which covers a wide spectrum, as you know, would be a good idea. Do you have a few . Steps which would try to bring together those speeds i would ask if you have a view on whether we should have a select committee or not. Im not used to lets not start out that way. Would you or would you not agree that the select committee would be a good idea . Yes, sir. Thank you. General, are you on track to remove all the necessary equipment and armaments from afghanistan by the end of 2014 that youre tasked to do . You are confident speak was yes, sir. You are on track right now . Yes, sir. Thank you. Admiral, i want to bring up this issue again of the iranian hack of Navy Computers. According to the wall street journal article, iranian hack into the navys largest unclassified computer network, took more than four months to resolve, raising concern among some lawmakers about security gaps exposed by the attack. The paper reported the hackers were able to remain in the network until this past november. That contradicts what officials told the journal wit when the ak was first public reported this past september. At the time, officials told the paper that the intruders had been removed, quote, it was a real big deal, a senior u. S. Official told the journal quote is a significant penetration that showed a weakness in the system. Can you help out the committee on that whole scenario here . Yes, sir. It was a significant penetration which is one of the reasons why over the last few months multiple updates of the staffers on this committee, one of things i wanted to do is how do we learn from this, how do we work hard to make sure it doesnt happen again. As a result i directed a rather comprehensive Operational Response to that. That response was much broader than just be able to come back and say they are not there anymore. I want to use this as an opportunity to try to drive change i put a much more, much longerterm effort in place and i want to immediately remove them. I wanted to do more than that. And the damage done, in your view was significant . Im not sure that he would agree with significant but it is of concern. Because in this case they did not opt to engage in any disruptive behavior. My concern from the beginning was what if they decided that was their intent . I thank you. Admiral, weve got a real problem here, at least from the standpoint those of us who feel that our ability to monitor the behavior of possible attackers of the United States of america is vital. And mr. Snowden has done some really significant damage. And i quote from the polls and the genuine can it be x. Survey, 57 of americans branded mr. Snowden as a quote whistleblower quinnipiac. 34 called him a traitor. A fox news poll taking the same month found 68 of americans were glad to know about the nsa program snowed and revealed, while cbs survey found of those disapproving of snowdens conduct, numbers of those approving 5431. Still, very significant number of americans that view mr. Snowden as a whistleblower. And many significant portion of americans as a patriot and a proof of his conduct. What do you think we need to do to c