At Hearing, Warren Presses DoD Officials to Hold SpaceX Accountable for Russia’s Illegal Use of Starlink Services
DOD Deputy Assistant Secretary: Russia’s illicit use of Starlink will be a “continuous problem”
“(I)t is critically important that DoD hold its contractors accountable for any mismanagement or any illegal acquisition of its hardware and services by bad actors. We just want to make sure that Russia is not getting an advantage.”
Washington, D.C. – At a hearing of the Senate Armed Services Subcommittee on Strategic Forces, Senator Elizabeth Warren (D-Mass.), raised concerns about DoD contractor, SpaceX, which is owned by Elon Musk, undermining U.S. allies and national security goals. Senator Warren questioned Mr. John D. Hill, Deputy Assistant Secretary of Defense for Space and Missile Defense, about SpaceX’s work to stop its Starlink technology from being illegally acquired by Russia. These illegal terminals may have provided Russia a major advantage in their invasion of Ukraine.
Deputy Assistant Secretary Hill testified that SpaceX has been cooperative with the U.S. and Ukraine governments to address the use of Starlink terminals by Russian forces. Mr. Hill pointed to the Commercial Integration Cell that allows commercial companies and the U.S. government to share information and develop strategies to stop illegal terminals from connecting to the service.
Senator Warren pressed Mr. Hill on DoD’s confidence in identifying illicit Russian use of Starlink services and ability to shut them off. “ I think this will be a continuous problem,” Mr. Hill testified. “I think we can continue to identify them and turn them off, but Russia will not stop.”
Senator Warren secured a commitment from Mr. Hill, in regard to SpaceX’s contract renewal, to include and provide to the committee provisions to require SpaceX to do everything possible to prevent illicit use by Russia and other adversaries.
Transcript: Hearing “to Receive Testimony on the Department of Defense Space Activities in Review of the Defense Authorization Request for Fiscal Year 2025 and the Future Years Defense Program.”
Senate Armed Services Committee
May 21, 2024
Senator Elizabeth Warren: Thank you, Mr. Chairman. When Russia invaded Ukraine, it destroyed Ukraine’s internet and telephone access. To help get Ukraine back online, SpaceX, one of our defense contractors, donated satellite internet terminals called “Starlink,” and this allowed Ukrainian soldiers to run apps to target Russian forces and communicate with loved ones back home.
Earlier this month I wrote to DOD about Russia’s use of Starlink terminals. Reports indicated that Russia has been able to buy Starlink terminals on the black market and that SpaceX has not cut off their access, and that provides a major advantage to Russia on the battlefield. Now, SpaceX is owned by Elon Musk, who has advocated for a “peace plan” that reports suggest may have been developed after speaking with Vladimir Putin.
Congress has a constitutional responsibility to make sure that taxpayer money does not go to companies that undermine U.S. national security goals, so I think it’s critical we get to the bottom of this.
Mr. Hill, you oversee our space and missile defense and you've been working with SpaceX to counter the illicit use of Starlink terminals. Let me start by asking – was SpaceX completely cooperative with DoD in its efforts to address the use of Starlink terminals by Russian forces?
Mr. John D. Hill, Deputy Assistant Secretary of Defense for Space and Missile Defense: Senator, not only has Space X been very cooperative with the entire United States government and government of Ukraine, they've been forward leaning in identifying and bringing information to us.
Senator Warren: Good, good. I’m glad to hear it because it is critical that DoD contractors are not undermining U.S. foreign policy. Russia's outdated communications have been a major contributor to their failures in Ukraine. Starlink obviously would be enormously valuable to the Russians. It would provide Russia with secure communications that they sorely need, which would significantly erode Ukraine's advantage on the battlefield.
I understand this is an unclassified environment, so I don't want to go anywhere that we shouldn’t, but I think there is a compelling public interest to conduct this oversight and to understand how DoD is plugging leaks here. Mr. Hill, in the broadest terms, can you describe how you worked with SpaceX to address it – this illicit use?
Mr. Hill: In broadest terms, recognizing that Russia has long-standing experience operating black markets and is now leveraging black markets of their own. We have one point – the Commercial Integration Cell, this is a cell that combines Space Operations Center, where commercial companies and the U.S. government can work together and share information including proprietary information and classified information. That is one point where we can learn what is going on. They can share with us what they are seeing, we can share what we are seeing.
Broader across the government, we can then develop strategies. Is it better to identify all the terminals that should be left on or should we identify terminals that should be turned off? Different types of approaches. We have done that with them.
Senator Warren: Let me ask this may be more pointedly. Do you have confidence that, moving forward, DoD can identify illicit Russian use of Starlink services and completely shut them off?
Mr. Hill: I think this will be a continuous problem.
Senator Warren: I take that as a no.
Mr. Hill: I think we can continue to identify them and turn them off, but Russia will not stop.
Senator Warren: So you think this is going to be an ongoing process. War obviously is unpredictable – unfolding, but we shouldn't have to worry about whether U.S. contractors are supporting our adversaries or giving access to our adversaries. My understanding is that Space Force is negotiating an extension of its Starlink contract with SpaceX.
Mr. Hill, can you assure me that, as you renegotiate this contract, that you will have provisions in place that will require SpaceX to do everything within its ability to prevent illicit use by Russia and other forces?
Mr. Hill: Our contracts in conjunction with the licenses that regulatory agencies provide – DoD doesn't control those. Together they ensure what you’re looking for in terms of – SpaceX complies with our contracts, and they comply with the licenses they have from regulatory agencies who can enforce those licenses, and the various civil and criminal –
Senator Warren: Okay, I just want to make sure I'm understanding. I get it, we are in an unclassified setting here. The devil is always in the details. I taught contract law for many years. I would ask you to submit to the committee the conditions that give you confidence that SpaceX is bound contractually, so that it will prevent illicit use of those terminals by Russia.
I just think it is critically important that DoD hold its contractors accountable for any mismanagement or any illegal acquisition of its hardware and services by bad actors. We just want to make sure that Russia is not getting an advantage.
Mr. Hill: And in responding to the letter that you mentioned at the outset, we will be addressing those kinds of things for you.
Senator Warren: Appreciate it. Thank you. Thank you, Mr. Chairman.
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