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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
Principal Analyst
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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
Principal Analyst

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July 17, 2025

Introducing the AI Maturity Model for Cybersecurity

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AI adoption in cybersecurity: Beyond the hype

Security operations today face a paradox. On one hand, artificial intelligence (AI) promises sweeping transformation from automating routine tasks to augmenting threat detection and response. On the other hand, security leaders are under immense pressure to separate meaningful innovation from vendor hype.

To help CISOs and security teams navigate this landscape, we’ve developed the most in-depth and actionable AI Maturity Model in the industry. Built in collaboration with AI and cybersecurity experts, this framework provides a structured path to understanding, measuring, and advancing AI adoption across the security lifecycle.

Overview of AI maturity levels in cybersecurity

Why a maturity model? And why now?

In our conversations and research with security leaders, a recurring theme has emerged:

There’s no shortage of AI solutions, but there is a shortage of clarity and understanding of AI uses cases.

In fact, Gartner estimates that “by 2027, over 40% of Agentic AI projects will be canceled due to escalating costs, unclear business value, or inadequate risk controls. Teams are experimenting, but many aren’t seeing meaningful outcomes. The need for a standardized way to evaluate progress and make informed investments has never been greater.

That’s why we created the AI Security Maturity Model, a strategic framework that:

  • Defines five clear levels of AI maturity, from manual processes (L0) to full AI Delegation (L4)
  • Delineating the outcomes derived between Agentic GenAI and Specialized AI Agent Systems
  • Applies across core functions such as risk management, threat detection, alert triage, and incident response
  • Links AI maturity to real-world outcomes like reduced risk, improved efficiency, and scalable operations

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How is maturity assessed in this model?

The AI Maturity Model for Cybersecurity is grounded in operational insights from nearly 10,000 global deployments of Darktrace's Self-Learning AI and Cyber AI Analyst. Rather than relying on abstract theory or vendor benchmarks, the model reflects what security teams are actually doing, where AI is being adopted, how it's being used, and what outcomes it’s delivering.

This real-world foundation allows the model to offer a practical, experience-based view of AI maturity. It helps teams assess their current state and identify realistic next steps based on how organizations like theirs are evolving.

Why Darktrace?

AI has been central to Darktrace’s mission since its inception in 2013, not just as a feature, but the foundation. With over a decade of experience building and deploying AI in real-world security environments, we’ve learned where it works, where it doesn’t, and how to get the most value from it. This model reflects that insight, helping security leaders find the right path forward for their people, processes, and tools

Security teams today are asking big, important questions:

  • What should we actually use AI for?
  • How are other teams using it — and what’s working?
  • What are vendors offering, and what’s just hype?
  • Will AI ever replace people in the SOC?

These questions are valid, and they’re not always easy to answer. That’s why we created this model: to help security leaders move past buzzwords and build a clear, realistic plan for applying AI across the SOC.

The structure: From experimentation to autonomy

The model outlines five levels of maturity :

L0 – Manual Operations: Processes are mostly manual with limited automation of some tasks.

L1 – Automation Rules: Manually maintained or externally-sourced automation rules and logic are used wherever possible.

L2 – AI Assistance: AI assists research but is not trusted to make good decisions. This includes GenAI agents requiring manual oversight for errors.

L3 – AI Collaboration: Specialized cybersecurity AI agent systems  with business technology context are trusted with specific tasks and decisions. GenAI has limited uses where errors are acceptable.

L4 – AI Delegation: Specialized AI agent systems with far wider business operations and impact context perform most cybersecurity tasks and decisions independently, with only high-level oversight needed.

Each level reflects a shift, not only in technology, but in people and processes. As AI matures, analysts evolve from executors to strategic overseers.

Strategic benefits for security leaders

The maturity model isn’t just about technology adoption it’s about aligning AI investments with measurable operational outcomes. Here’s what it enables:

SOC fatigue is real, and AI can help

Most teams still struggle with alert volume, investigation delays, and reactive processes. AI adoption is inconsistent and often siloed. When integrated well, AI can make a meaningful difference in making security teams more effective

GenAI is error prone, requiring strong human oversight

While there is a lot of hype around GenAI agentic systems, teams will need to account for inaccuracy and hallucination in Agentic GenAI systems.

AI’s real value lies in progression

The biggest gains don’t come from isolated use cases, but from integrating AI across the lifecycle, from preparation through detection to containment and recovery.

Trust and oversight are key initially but evolves in later levels

Early-stage adoption keeps humans fully in control. By L3 and L4, AI systems act independently within defined bounds, freeing humans for strategic oversight.

People’s roles shift meaningfully

As AI matures, analyst roles consolidate and elevate from labor intensive task execution to high-value decision-making, focusing on critical, high business impact activities, improving processes and AI governance.

Outcome, not hype, defines maturity

AI maturity isn’t about tech presence, it’s about measurable impact on risk reduction, response time, and operational resilience.

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Outcomes across the AI Security Maturity Model

The Security Organization experiences an evolution of cybersecurity outcomes as teams progress from manual operations to AI delegation. Each level represents a step-change in efficiency, accuracy, and strategic value.

L0 – Manual Operations

At this stage, analysts manually handle triage, investigation, patching, and reporting manually using basic, non-automated tools. The result is reactive, labor-intensive operations where most alerts go uninvestigated and risk management remains inconsistent.

L1 – Automation Rules

At this stage, analysts manage rule-based automation tools like SOAR and XDR, which offer some efficiency gains but still require constant tuning. Operations remain constrained by human bandwidth and predefined workflows.

L2 – AI Assistance

At this stage, AI assists with research, summarization, and triage, reducing analyst workload but requiring close oversight due to potential errors. Detection improves, but trust in autonomous decision-making remains limited.

L3 – AI Collaboration

At this stage, AI performs full investigations and recommends actions, while analysts focus on high-risk decisions and refining detection strategies. Purpose-built agentic AI systems with business context are trusted with specific tasks, improving precision and prioritization.

L4 – AI Delegation

At this stage, Specialized AI Agent Systems performs most security tasks independently at machine speed, while human teams provide high-level strategic oversight. This means the highest time and effort commitment activities by the human security team is focused on proactive activities while AI handles routine cybersecurity tasks

Specialized AI Agent Systems operate with deep business context including impact context to drive fast, effective decisions.

Join the webinar

Get a look at the minds shaping this model by joining our upcoming webinar using this link. We’ll walk through real use cases, share lessons learned from the field, and show how security teams are navigating the path to operational AI safely, strategically, and successfully.

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Ashanka Iddya
Senior Director, Product Marketing

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Cloud

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July 17, 2025

Forensics or Fauxrensics: Five Core Capabilities for Cloud Forensics and Incident Response

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The speed and scale at which new cloud resources can be spun up has resulted in uncontrolled deployments, misconfigurations, and security risks. It has had security teams racing to secure their business’ rapid migration from traditional on-premises environments to the cloud.

While many organizations have successfully extended their prevention and detection capabilities to the cloud, they are now experiencing another major gap: forensics and incident response.

Once something bad has been identified, understanding its true scope and impact is nearly impossible at times. The proliferation of cloud resources across a multitude of cloud providers, and the addition of container and serverless capabilities all add to the complexities. It’s clear that organizations need a better way to manage cloud incident response.

Security teams are looking to move past their homegrown solutions and open-source tools to incorporate real cloud forensics capabilities. However, with the increased buzz around cloud forensics, it can be challenging to decipher what is real cloud forensics, and what is “fauxrensics.”

This blog covers the five core capabilities that security teams should consider when evaluating a cloud forensics and incident response solution.

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1. Depth of data

There have been many conversations among the security community about whether cloud forensics is just log analysis. The reality, however, is that cloud forensics necessitates access to a robust dataset that extends far beyond traditional log data sources.

While logs provide valuable insights, a forensics investigation demands a deeper understanding derived from multiple data sources, including disk, network, and memory, within the cloud infrastructure. Full disk analysis complements log analysis, offering crucial context for identifying the root cause and scope of an incident.

For instance, when investigating an incident involving a Kubernetes cluster running on an EC2 instance, access to bash history can provide insights into the commands executed by attackers on the affected instance, which would not be available through cloud logs alone.

Having all of the evidence in one place is also a capability that can significantly streamline investigations, unifying your evidence be it disk images, memory captures or cloud logs, into a single timeline allowing security teams to reconstruct an attacks origin, path and impact far more easily. Multi–cloud environments also require platforms that can support aggregating data from many providers and services into one place. Doing this enables more holistic investigations and reduces security blind spots.

There is also the importance of collecting data from ephemeral resources in modern cloud and containerized environments. Critical evidence can be lost in seconds as resources are constantly spinning up and down, so having the ability to capture this data before its gone can be a huge advantage to security teams, rather than having to figure out what happened after the affected service is long gone.

darktrace / cloud, cado, cloud logs, ost, and memory information. value of cloud combined analysis

2. Chain of custody

Chain of custody is extremely critical in the context of legal proceedings and is an essential component of forensics and incident response. However, chain of custody in the cloud can be extremely complex with the number of people who have access and the rise of multi-cloud environments.

In the cloud, maintaining a reliable chain of custody becomes even more complex than it already is, due to having to account for multiple access points, service providers and third parties. Having automated evidence tracking is a must. It means that all actions are logged, from collection to storage to access. Automation also minimizes the chance of human error, reducing the risk of mistakes or gaps in evidence handling, especially in high pressure fast moving investigations.

The ability to preserve unaltered copies of forensic evidence in a secure manner is required to ensure integrity throughout an investigation. It is not just a technical concern, its a legal one, ensuring that your evidence handling is documented and time stamped allows it to stand up to court or regulatory review.

Real cloud forensics platforms should autonomously handle chain of custody in the background, recording and safeguarding evidence without human intervention.

3. Automated collection and isolation

When malicious activity is detected, the speed at which security teams can determine root cause and scope is essential to reducing Mean Time to Response (MTTR).

Automated forensic data collection and system isolation ensures that evidence is collected and compromised resources are isolated at the first sign of malicious activity. This can often be before an attacker has had the change to move latterly or cover their tracks. This enables security teams to prevent potential damage and spread while a deeper-dive forensics investigation takes place. This method also ensures critical incident evidence residing in ephemeral environments is preserved in the event it is needed for an investigation. This evidence may only exist for minutes, leaving no time for a human analyst to capture it.

Cloud forensics and incident response platforms should offer the ability to natively integrate with incident detection and alerting systems and/or built-in product automation rules to trigger evidence capture and resource isolation.

4. Ease of use

Security teams shouldn’t require deep cloud or incident response knowledge to perform forensic investigations of cloud resources. They already have enough on their plates.

While traditional forensics tools and approaches have made investigation and response extremely tedious and complex, modern forensics platforms prioritize usability at their core, and leverage automation to drastically simplify the end-to-end incident response process, even when an incident spans multiple Cloud Service Providers (CSPs).

Useability is a core requirement for any modern forensics platform. Security teams should not need to have indepth knowledge of every system and resource in a given estate. Workflows, automation and guidance should make it possible for an analyst to investigate whatever resource they need to.

Unifying the workflow across multiple clouds can also save security teams a huge amount of time and resources. Investigations can often span multiple CSP’s. A good security platform should provide a single place to search, correlate and analyze evidence across all environments.

Offering features such as cross cloud support, data enrichment, a single timeline view, saved search, and faceted search can help advanced analysts achieve greater efficiency, and novice analysts are able to participate in more complex investigations.

5. Incident preparedness

Incident response shouldn't just be reactive. Modern security teams need to regularly test their ability to acquire new evidence, triage assets and respond to threats across both new and existing resources, ensuring readiness even in the rapidly changing environments of the cloud.  Having the ability to continuously assess your incident response and forensics workflows enables you to rapidly improve your processes and identify and mitigate any gaps identified that could prevent the organization from being able to effectively respond to potential threats.

Real forensics platforms deliver features that enable security teams to prepare extensively and understand their shortcomings before they are in the heat of an incident. For example, cloud forensics platforms can provide the ability to:

  • Run readiness checks and see readiness trends over time
  • Identify and mitigate issues that could prevent rapid investigation and response
  • Ensure the correct logging, management agents, and other cloud-native tools are appropriately configured and operational
  • Ensure that data gathered during an investigation can be decrypted
  • Verify that permissions are aligned with best practices and are capable of supporting incident response efforts

Cloud forensics with Darktrace

Darktrace delivers a proactive approach to cyber resilience in a single cybersecurity platform, including cloud coverage. Darktrace / CLOUD is a real time Cloud Detection and Response (CDR) solution built with advanced AI to make cloud security accessible to all security teams and SOCs. By using multiple machine learning techniques, Darktrace brings unprecedented visibility, threat detection, investigation, and incident response to hybrid and multi-cloud environments.

Darktrace’s cloud offerings have been bolstered with the acquisition of Cado Security Ltd., which enables security teams to gain immediate access to forensic-level data in multi-cloud, container, serverless, SaaS, and on-premises environments.

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About the author
Calum Hall
Technical Content Researcher
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