Elon and DOGE almost certainly siphoning what is otherwise meant to be confidential information from the NLRB, including very likely union members/organisers.
An employee who was trying to investigate had threats involving pictures of them walking their dog being posted to their door.
The DOGE employees, who are effectively led by White House adviser and billionaire tech CEO Elon Musk, appeared to have their sights set on accessing the NLRB's internal systems. They've said their unit's overall mission is to review agency data for compliance with the new administration's policies and to cut costs and maximize efficiency.
But according to an official whistleblower disclosure shared with Congress and other federal overseers that was obtained by NPR, subsequent interviews with the whistleblower and records of internal communications, technical staff members were alarmed about what DOGE engineers did when they were granted access, particularly when those staffers noticed a spike in data leaving the agency. It's possible that the data included sensitive information on unions, ongoing legal cases and corporate secrets — data that four labor law experts tell NPR should almost never leave the NLRB and that has nothing to do with making the government more efficient or cutting spending.
Meanwhile, according to the disclosure and records of internal communications, members of the DOGE team asked that their activities not be logged on the system and then appeared to try to cover their tracks behind them, turning off monitoring tools and manually deleting records of their access — evasive behavior that several cybersecurity experts interviewed by NPR compared to what criminal or state-sponsored hackers might do
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NxGen is an internal system that was designed specifically for the NLRB in-house, according to several of the engineers who created the tool and who all spoke to NPR on condition of anonymity to avoid retaliation or adverse consequences for any future government work.
The engineers explained that while many of the NLRB's records are eventually made public, the NxGen case management system hosts proprietary data from corporate competitors, personal information about union members or employees voting to join a union, and witness testimony in ongoing cases. Access to that data is protected by numerous federal laws, including the Privacy Act.
Those engineers were also concerned by DOGE staffers' insistence that their activities not be logged, allowing them to probe the NLRB's systems and discover information about potential security flaws or vulnerabilities without being detected.
"If he didn't know the backstory, any [chief information security officer] worth his salt would look at network activity like this and assume it's a nation-state attack from China or Russia," said Braun, the former White House cyber official.
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For cybersecurity experts, that spike in data leaving the system is a key indicator of a breach, Berulis explained.
"We are under assault right now," he remembered thinking.
When Berulis asked his IT colleagues whether they knew why the data was exfiltrated or whether anyone else had been using containers to run code on the system in recent weeks, no one knew anything about it or the other unusual activities on the network, according to his disclosure. In fact, when they looked into the spike, they found that logs that were used to monitor outbound traffic from the system were absent. Some actions taken on the network, including data exfiltration, had no attribution — except to a "deleted account," he continued. "Nobody knows who deleted the logs or how they could have gone missing," Berulis said.
The IT team met to discuss insider threats — namely, the DOGE engineers, whose activities it had little insight into or control over. "We had no idea what they did," he explained. Those conversations are reflected in his official disclosure.
They eventually launched a formal breach investigation, according to the disclosure, and prepared a request for assistance from the Cybersecurity and Infrastructure Security Agency (CISA). However, those efforts were disrupted without an explanation, Berulis said. That was deeply troubling to Berulis, who felt he needed help to try to get to the bottom of what happened and determine what new vulnerabilities might be exploited as a result.
In the days after Berulis and his colleagues prepared a request for CISA's help investigating the breach, Berulis found a printed letter in an envelope taped to his door, which included threatening language, sensitive personal information and overhead pictures of him walking his dog, according to the cover letter attached to his official disclosure. It's unclear who sent it, but the letter made specific reference to his decision to report the breach. Law enforcement is investigating the letter.
"If the underlying disclosure wasn't concerning enough, the targeted, physical intimidation and surveillance of my client is. If this is happening to Mr. Berulis, it is likely happening to others and brings our nation more in line with authoritarian regimes than with open and free democracies," wrote Bakaj, his attorney, in a statement sent to NPR. "It is time for everyone – and Congress in particular – to acknowledge the facts and stop our democracy, freedom, and liberties from slipping away, something that will take generations to repair."
In part because of the stymied internal investigation and the attempts to silence him, Berulis decided to come forward publicly.