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July 17, 2024

What you need to know about the new SEC Cybersecurity rules

In July 2023, the U.S. Securities and Exchange Commission (SEC) adopted new rules concerning cybersecurity incidents and disclosures. This blog describes the new rules and demonstrates how Darktrace can help organizations achieve compliance with these standards.
Inside the SOC
Darktrace cyber analysts are world-class experts in threat intelligence, threat hunting and incident response, and provide 24/7 SOC support to thousands of Darktrace customers around the globe. Inside the SOC is exclusively authored by these experts, providing analysis of cyber incidents and threat trends, based on real-world experience in the field.
Written by
Kendra Gonzalez Duran
Director, Field CISO
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17
Jul 2024

What is new in 2023 to SEC cybersecurity rules?

Form 8-K Item 1.05: Requiring the timely disclosure of material cybersecurity incidents.

Regulation S-K item 106: requiring registrants’ annual reports on Form 10-K to address cybersecurity risk management, strategy, and governance processes.

Comparable disclosures are required for reporting foreign private issuers on Forms 6-K and 20-F respectively.

What is Form 8-K Item 1.05 SEC cybersecurity rules?

Form 8-K Item 1.05 requires the following to be reported within four business days from when an incident is determined to be “material” (1), unless extensions are granted by the SEC under certain qualifying conditions:

“If the registrant experiences a cybersecurity incident that is determined by the registrant to be material, describe the material aspects of the nature, scope, and timing of the incident, and the material impact or reasonably likely material impact on the registrant, including its financial condition and results of operations.” (2, 3)

How does the SEC define cybersecurity incident?

Cybersecurity incident defined by the SEC means an unauthorized occurrence, or a series of related unauthorized occurrences, on or conducted through a registrant’s information systems that jeopardizes the confidentiality, integrity, or availability of a registrant’s information systems or any information residing therein. (4)

How can Darktrace assist in the process of disclosing incidents to the SEC?

Accelerate reporting

Darktrace’s Cyber AI Analyst generates automated reports that synthesize discrete data points potentially indicative of cybersecurity threats, forming reports that provide an overview of the evolution and impact of a threat.

Thus, when a potential threat is identified by Darktrace, AI Analyst can quickly compile information that organizations might include in their disclosure of an occurrence they determined to be material, including the following: incident timelines, incident events, incident summary, related model breaches, investigation process (i.e., how Darktrace’s AI conducted the investigation), linked incident events, and incident details. The figure below illustrates how Darktrace compiles and presents incident information and insights in the UI.

Overview of information provided in an ‘AI Analyst Report’ that could be relevant to registrants reporting a material cybersecurity incident to the SEC
Figure 1: Overview of information provided in an ‘AI Analyst Report’ that could be relevant to registrants reporting a material cybersecurity incident to the SEC

It should be noted that Instruction 4 to the new Form 8-K Item 1.05 specifies the “registrant need not disclose specific or technical information about its planned response to the incident or its cybersecurity systems, related networks and devices, or potential system vulnerabilities in such detail as would impede the registrant’s response or remediation of the incident” (5).

As such, the incident report generated by Darktrace may provide more information, including technical details, than is needed for the 8-K disclosure. In general, users should take appropriate measures to ensure that the information they provide in SEC reports meets the requirements outlined by the relevant regulations. Darktrace cannot recommend that an incident should be reported, nor report an incident itself.

Determine if a cybersecurity incident is material

Item 1.05 requires registrants to determine for themselves whether cybersecurity incidents qualify as ‘material’. This involves considerations such as ‘the nature scope and timing of the incident, and the material impact or reasonably likely material impact on the registrant, including its financial condition and results of operations.’

While it is up to the registrant to determine, consistent with existing legal standards, the materiality of an incident, Darktrace’s solution can provide relevant information which might aid in this evaluation. Darktrace’s Threat Visualizer user interface provides a 3-D visualization of an organization’s digital environment, allowing users to assess the likely degree to which an attack may have spread throughout their digital environment. Darktrace Cyber AI Analyst identifies connections among discrete occurrences of threatening activity, which can help registrants quickly assess the ‘scope and timing of an incident'.

Furthermore, in order to establish materiality it would be useful to understand how an attack might extend across recipients and environments. In the image below, Darktrace/Email identifies how a user was impacted across different platforms. In this example, Darktrace/Email identified an attacker that deployed a dual channel social engineering attack via both email and a SaaS platform in an effort to acquire login credentials. In this case, the attacker useding a legitimate SharePoint link that only reveals itself to be malicious upon click. Once the attacker gained the credentials, it proceeded to change email rules to obfuscate its activity.

Darktrace/Email presents this information in one location, making such investigations easier for the end user.

Darktrace/Email indicating a threat across SaaS and email
Figure 2: Darktrace/Email indicating a threat across SaaS and email

What is regulation S-K item 106 of the SEC cybersecurity rules?

The new rules add Item 106 to Regulation S-K requiring registrants to disclose certain information regarding their risk management, strategy, and governance relating to cybersecurity in their annual reports on Form 10-K. The new rules add Item 16K to Form 20-F to require comparable disclosure by [foreign private issuers] in their annual reports on Form 20-F. (6)

SEC cybersecurity rules: Risk management

Specifically, with respect to risk management, Item 106(b) and Item 16K(b) require registrants to describe their processes, if any, for assessing, identifying, and managing material risks from cybersecurity threats, as well as whether any risks from cybersecurity threats, including as a result of any previous cybersecurity incidents, have materially affected or are reasonably likely to materially affect them. The new rules include a non-exclusive list of disclosure items registrants should provide based on their facts and circumstances. (6)

SEC cybersecurity rules: Governance

With respect to governance, Item 106 and Item 16K require registrants to describe the board of directors’ oversight of risks from cybersecurity threats (including identifying any board committee or subcommittee responsible for such oversight) and management’s role in assessing and managing material risks from cybersecurity threats. (6)

How can Darktrace solutions aid in disclosing their risk management, strategy, and governance related to cybersecurity?

Impact scores

Darktrace End-to-End (E2E) leverages AI to understand the complex relationships across users and devices to model possible attack paths, giving security teams a contextual understanding of risk across their digital environments beyond isolated CVEs or CVSS scores. Additionally, teams can prioritize risk management actions to increase their cyber resilience through the E2E Advisory dashboard.

Attack paths consider:

  • Potential damages: Both the potential consequences if a given device was compromised and its immediate implications on other devices.
  • Exposure: Devices' level of interactivity and accessibility. For example, how many emails does a user get via mailing lists and from what kind of sources?
  • Impact: Where a user or asset sits in terms of the IT or business hierarchy and how they communicate with each other. Darktrace can simulate a range of possible outcomes for an uncertain event.
  • Weakness: A device’s patch latency and difficulty, a composite metric that looks at attacker MITRE methods and our own scores to determine how hard each stage of compromise is to achieve.

Because the SEC cybersecurity rules require “oversight of risks from cybersecurity threats” and “management’s role in assessing and managing material risks from cybersecurity threats” (6), the scores generated by Darktrace E2E can aid end-user’s ability to identify risks facing their organization and assign responsibilities to address those risks.

E2E attack paths leverage a deep understanding of a customer’ digital environment and highlight potential attack routes that an attacker could leverage to reach critical assets or entities. Difficulty scores (see Figure 5) allow security teams to measure potential damage, exposure, and impact of an attack on a specific asset or entity.

An example of an attack path in a digital environment
Figure 3: An example of an attack path in a digital environment

Automatic executive threat reports

Darktrace’s solution automatically produces Executive Threat Reports that present a simple visual overview of model breaches (i.e., indicators of unusual and threatening behaviors) and activity in the network environment. Reports can be customized to include extra details or restricted to high level information.

These reports can be generated on a weekly, quarterly, and yearly basis, and can be documented by registrants in relation to Item 106(b) to document parts of their efforts toward assessing, identifying, and managing material risks from cybersecurity threats.

Moreover, Cyber AI Analyst incident reports (described above) can be leveraged to document key details concerning significant previous incidents identified by the Darktrace solution that the registrant determined to be ‘material’.

While the disclosures required by Item 106(c) relate to the governance processes by which the board of directors, the management, and other responsible bodies within an organization oversee risks resulting from cybersecurity threats, the information provided by Darktrace’s Executive Threat Reports and Cyber AI Analyst incident reports can also help relevant stakeholders communicate more effectively regarding the threat landscape and previous incidents.

DISCLAIMER

The material above is provided for informational purposes only. This summary does not constitute legal or compliance advice, recommendations, or guidance. Darktrace encourages you to verify the contents of this summary with your own advisors.

References

  1. Note that the rule does not set forth any specific timeline between the incident and the materiality determination, but the materiality determination should be made without unreasonable delay.
  2. https://www.sec.gov/files/form8-k.pdf
  3. https://www.sec.gov/news/press-release/2023-139
  4. https://www.ecfr.gov/current/title-17/chapter-II/part-229
  5. https://www.sec.gov/files/form8-k.pdf
  6. https://www.sec.gov/corpfin/secg-cybersecurity
Inside the SOC
Darktrace cyber analysts are world-class experts in threat intelligence, threat hunting and incident response, and provide 24/7 SOC support to thousands of Darktrace customers around the globe. Inside the SOC is exclusively authored by these experts, providing analysis of cyber incidents and threat trends, based on real-world experience in the field.
Written by
Kendra Gonzalez Duran
Director, Field CISO

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April 16, 2025

Why Data Classification Isn’t Enough to Prevent Data Loss

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Why today’s data is fundamentally difficult to protect

Data isn’t what it used to be. It’s no longer confined to neat rows in a database, or tucked away in a secure on-prem server. Today, sensitive information moves freely between cloud platforms, SaaS applications, endpoints, and a globally distributed workforce – often in real time. The sheer volume and diversity of modern data make it inherently harder to monitor, classify, and secure. And the numbers reflect this challenge – 63% of breaches stem from malicious insiders or human error.

This complexity is compounded by an outdated reliance on manual data management. While data classification remains critical – particularly to ensure compliance with regulations like GDPR or HIPAA – the burden of managing this data often falls on overstretched security teams. Security teams are expected to identify, label, and track data across sprawling ecosystems, which can be time-consuming and error-prone. Even with automation, rigid policies that depend on pre-defined data classification miss the mark.

From a data protection perspective, if manual or basic automated classification is the sole methodology for preventing data loss, critical data will likely slip through the cracks. Security teams are left scrambling to fill the gaps, facing compliance risks and increasing operational overhead. Over time, the hidden costs of these inefficiencies pile up, draining resources and reducing the effectiveness of your entire security posture.

What traditional data classification can’t cover

Data classification plays an important role in data loss prevention, but it's only half the puzzle. It’s designed to spot known patterns and apply labels, yet the most common causes of data breaches don’t follow rules. They stem from something far harder to define: human behavior.

When Darktrace began developing its data loss detection capabilities, the question wasn’t what data to protect — it was how to understand the people using it. The numbers pointed clearly to where AI could make the biggest difference: 22% of email data breaches stem directly from user error, while malicious insider threats remain the most expensive, costing organizations an average of $4.99 million per incident.

Data classification is blind to nuance – it can’t grasp intent, context, or the subtle red flags that often precede a breach. And no amount of labeling, policy, or training can fully account for the reality that humans make mistakes. These problems require a system that sees beyond the data itself — one that understands how it’s being used, by whom, and in what context. That’s why Darktrace leans into its core strength: detecting the subtle symptoms of data loss by interpreting human behavior, not just file labels.

Achieving autonomous data protection with behavioral AI

Rather than relying on manual processes to understand what’s important, Darktrace uses its industry-leading AI to learn how your organization uses data — and spot when something looks wrong.

Its understanding of business operations allows it to detect subtle anomalies around data movement for your use cases, whether that’s a misdirected email, an insecure cloud storage link, or suspicious activity from an insider. Crucially, this detection is entirely autonomous, with no need for predefined rules or static labels.

Darktrace uses its contextual understanding of each user to stop all types of sensitive or misdirected data from leaving the organization
Fig 1: Darktrace uses its contextual understanding of each user to stop all types of sensitive or misdirected data from leaving the organization

Darktrace / EMAIL’s DLP add-on continuously learns in real time, enabling:

  • Automatic detection: Identifies risky data behavior to catch threats that traditional approaches miss – from human error to sophisticated insider threats.
  • A dynamic range of actions: Darktrace always aims to avoid business disruption in its blocking actions, but this can be adjusted according to the unique risk appetite of each customer – taking the most appropriate response for that business from a whole scale of possibilities.
  • Enhanced context: While Darktrace doesn’t require sensitivity data labeling, it integrates with Microsoft Purview to ingest sensitivity labels and enrich its understanding of the data – for even more accurate decision-making.

Beyond preventing data loss, Darktrace uses DLP activity to enhance its contextual understanding of the user itself. In other words, outbound activity can be a useful symptom in identifying a potential account compromise, or can be used to give context to that user’s inbound activity. Because Darktrace sees the whole picture of a user across their inbound, outbound, and lateral mail, as well as messaging (and into collaboration tools with Darktrace / IDENTITY), every interaction informs its continuous learning of normal.

With Darktrace, you can achieve dynamic data loss prevention for the most challenging human-related use cases – from accidental misdirected recipients to malicious insiders – that evade detection from manual classification. So don’t stand still on data protection – make the switch to autonomous, adaptive DLP that understands your business, data, and people.

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About the author
Carlos Gray
Senior Product Marketing Manager, Email

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April 14, 2025

Email bombing exposed: Darktrace’s email defense in action

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What is email bombing?

An email bomb attack, also known as a "spam bomb," is a cyberattack where a large volume of emails—ranging from as few as 100 to as many as several thousand—are sent to victims within a short period.

How does email bombing work?

Email bombing is a tactic that typically aims to disrupt operations and conceal malicious emails, potentially setting the stage for further social engineering attacks. Parallels can be drawn to the use of Domain Generation Algorithm (DGA) endpoints in Command-and-Control (C2) communications, where an attacker generates new and seemingly random domains in order to mask their malicious connections and evade detection.

In an email bomb attack, threat actors typically sign up their targeted recipients to a large number of email subscription services, flooding their inboxes with indirectly subscribed content [1].

Multiple threat actors have been observed utilizing this tactic, including the Ransomware-as-a-Service (RaaS) group Black Basta, also known as Storm-1811 [1] [2].

Darktrace detection of email bombing attack

In early 2025, Darktrace detected an email bomb attack where malicious actors flooded a customer's inbox while also employing social engineering techniques, specifically voice phishing (vishing). The end goal appeared to be infiltrating the customer's network by exploiting legitimate administrative tools for malicious purposes.

The emails in these attacks often bypass traditional email security tools because they are not technically classified as spam, due to the assumption that the recipient has subscribed to the service. Darktrace / EMAIL's behavioral analysis identified the mass of unusual, albeit not inherently malicious, emails that were sent to this user as part of this email bombing attack.

Email bombing attack overview

In February 2025, Darktrace observed an email bombing attack where a user received over 150 emails from 107 unique domains in under five minutes. Each of these emails bypassed a widely used and reputable Security Email Gateway (SEG) but were detected by Darktrace / EMAIL.

Graph showing the unusual spike in unusual emails observed by Darktrace / EMAIL.
Figure 1: Graph showing the unusual spike in unusual emails observed by Darktrace / EMAIL.

The emails varied in senders, topics, and even languages, with several identified as being in German and Spanish. The most common theme in the subject line of these emails was account registration, indicating that the attacker used the victim’s address to sign up to various newsletters and subscriptions, prompting confirmation emails. Such confirmation emails are generally considered both important and low risk by email filters, meaning most traditional security tools would allow them without hesitation.

Additionally, many of the emails were sent using reputable marketing tools, such as Mailchimp’s Mandrill platform, which was used to send almost half of the observed emails, further adding to their legitimacy.

 Darktrace / EMAIL’s detection of an email being sent using the Mandrill platform.
Figure 2: Darktrace / EMAIL’s detection of an email being sent using the Mandrill platform.
Darktrace / EMAIL’s detection of a large number of unusual emails sent during a short period of time.
Figure 3: Darktrace / EMAIL’s detection of a large number of unusual emails sent during a short period of time.

While the individual emails detected were typically benign, such as the newsletter from a legitimate UK airport shown in Figure 3, the harmful aspect was the swarm effect caused by receiving many emails within a short period of time.

Traditional security tools, which analyze emails individually, often struggle to identify email bombing incidents. However, Darktrace / EMAIL recognized the unusual volume of new domain communication as suspicious. Had Darktrace / EMAIL been enabled in Autonomous Response mode, it would have automatically held any suspicious emails, preventing them from landing in the recipient’s inbox.

Example of Darktrace / EMAIL’s response to an email bombing attack taken from another customer environment.
Figure 4: Example of Darktrace / EMAIL’s response to an email bombing attack taken from another customer environment.

Following the initial email bombing, the malicious actor made multiple attempts to engage the recipient in a call using Microsoft Teams, while spoofing the organizations IT department in order to establish a sense of trust and urgency – following the spike in unusual emails the user accepted the Teams call. It was later confirmed by the customer that the attacker had also targeted over 10 additional internal users with email bombing attacks and fake IT calls.

The customer also confirmed that malicious actor successfully convinced the user to divulge their credentials with them using the Microsoft Quick Assist remote management tool. While such remote management tools are typically used for legitimate administrative purposes, malicious actors can exploit them to move laterally between systems or maintain access on target networks. When these tools have been previously observed in the network, attackers may use them to pursue their goals while evading detection, commonly known as Living-off-the-Land (LOTL).

Subsequent investigation by Darktrace’s Security Operations Centre (SOC) revealed that the recipient's device began scanning and performing reconnaissance activities shortly following the Teams call, suggesting that the user inadvertently exposed their credentials, leading to the device's compromise.

Darktrace’s Cyber AI Analyst was able to identify these activities and group them together into one incident, while also highlighting the most important stages of the attack.

Figure 5: Cyber AI Analyst investigation showing the initiation of the reconnaissance/scanning activities.

The first network-level activity observed on this device was unusual LDAP reconnaissance of the wider network environment, seemingly attempting to bind to the local directory services. Following successful authentication, the device began querying the LDAP directory for information about user and root entries. Darktrace then observed the attacker performing network reconnaissance, initiating a scan of the customer’s environment and attempting to connect to other internal devices. Finally, the malicious actor proceeded to make several SMB sessions and NTLM authentication attempts to internal devices, all of which failed.

Device event log in Darktrace / NETWORK, showing the large volume of connections attempts over port 445.
Figure 6: Device event log in Darktrace / NETWORK, showing the large volume of connections attempts over port 445.
Darktrace / NETWORK’s detection of the number of the login attempts via SMB/NTLM.
Figure 7: Darktrace / NETWORK’s detection of the number of the login attempts via SMB/NTLM.

While Darktrace’s Autonomous Response capability suggested actions to shut down this suspicious internal connectivity, the deployment was configured in Human Confirmation Mode. This meant any actions required human approval, allowing the activities to continue until the customer’s security team intervened. If Darktrace had been set to respond autonomously, it would have blocked connections to port 445 and enforced a “pattern of life” to prevent the device from deviating from expected activities, thus shutting down the suspicious scanning.

Conclusion

Email bombing attacks can pose a serious threat to individuals and organizations by overwhelming inboxes with emails in an attempt to obfuscate potentially malicious activities, like account takeovers or credential theft. While many traditional gateways struggle to keep pace with the volume of these attacks—analyzing individual emails rather than connecting them and often failing to distinguish between legitimate and malicious activity—Darktrace is able to identify and stop these sophisticated attacks without latency.

Thanks to its Self-Learning AI and Autonomous Response capabilities, Darktrace ensures that even seemingly benign email activity is not lost in the noise.

Credit to Maria Geronikolou (Cyber Analyst and SOC Shift Supervisor) and Cameron Boyd (Cyber Security Analyst), Steven Haworth (Senior Director of Threat Modeling), Ryan Traill (Analyst Content Lead)

Appendices

[1] https://www.microsoft.com/en-us/security/blog/2024/05/15/threat-actors-misusing-quick-assist-in-social-engineering-attacks-leading-to-ransomware/

[2] https://thehackernews.com/2024/12/black-basta-ransomware-evolves-with.html

Darktrace Models Alerts

Internal Reconnaissance

·      Device / Suspicious SMB Scanning Activity

·      Device / Anonymous NTLM Logins

·      Device / Network Scan

·      Device / Network Range Scan

·      Device / Suspicious Network Scan Activity

·      Device / ICMP Address Scan

·      Anomalous Connection / Large Volume of LDAP Download

·      Device / Suspicious LDAP Search Operation

·      Device / Large Number of Model Alerts

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About the author
Maria Geronikolou
Cyber Analyst
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