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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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May 8, 2025

Anomaly-based threat hunting: Darktrace's approach in action

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What is threat hunting?

Threat hunting in cybersecurity involves proactively and iteratively searching through networks and datasets to detect threats that evade existing automated security solutions. It is an important component of a strong cybersecurity posture.

There are several frameworks that Darktrace analysts use to guide how threat hunting is carried out, some of which are:

  • MITRE Attack
  • Tactics, Techniques, Procedures (TTPs)
  • Diamond Model for Intrusion Analysis
  • Adversary, Infrastructure, Victims, Capabilities
  • Threat Hunt Model – Six Steps
  • Purpose, Scope, Equip, Plan, Execute, Feedback
  • Pyramid of Pain

These frameworks are important in baselining how to run a threat hunt. There are also a combination of different methods that allow defenders diversity– regardless of whether it is a proactive or reactive threat hunt. Some of these are:

  • Hypothesis-based threat hunting
  • Analytics-driven threat hunting
  • Automated/machine learning hunting
  • Indicator of Compromise (IoC) hunting
  • Victim-based threat hunting

Threat hunting with Darktrace

At its core, Darktrace relies on anomaly-based detection methods. It combines various machine learning types that allows it to characterize what constitutes ‘normal’, based on the analysis of many different measures of a device or actor’s behavior. Those types of learning are then curated into what are called models.

Darktrace models leverage anomaly detection and integrate outputs from Darktrace Deep Packet Inspection, telemetry inputs, and additional modules, creating tailored activity detection.

This dynamic understanding allows Darktrace to identify, with a high degree of precision, events or behaviors that are both anomalous and unlikely to be benign.  On top of machine learning models for detection, there is also the ability to change and create models showcasing the tool’s diversity. The Model Editor allows security teams to specify values, priorities, thresholds, and actions they want to detect. That means a team can create custom detection models based on specific use cases or business requirements. Teams can also increase the priority of existing detections based on their own risk assessments to their environment.

This level of dexterity is particularly useful when conducting a threat hunt. As described above, and in previous ‘Inside the SOC’ blogs such a threat hunt can be on a specific threat actor, specific sector, or a  hypothesis-based threat hunt combined with ‘experimenting’ with some of Darktrace’s models.

Conducting a threat hunt in the energy sector with experimental models

In Darktrace’s recent Threat Research report “AI & Cybersecurity: The state of cyber in UK and US energy sectors” Darktrace’s Threat Research team crafted hypothesis-driven threat hunts, building experimental models and investigating existing models to test them and detect malicious activity across Darktrace customers in the energy sector.

For one of the hunts, which hypothesised utilization of PerfectData software and multi-factor authentication (MFA) bypass to compromise user accounts and destruct data, an experimental model was created to detect a Software-as-a-Service (SaaS) user performing activity relating to 'PerfectData Software’, known to allow a threat actor to exfiltrate whole mailboxes as a PST file. Experimental model alerts caused by this anomalous activity were analyzed, in conjunction with existing SaaS and email-related models that would indicate a multi-stage attack in line with the hypothesis.

Whilst hunting, Darktrace researchers found multiple model alerts for this experimental model associated with PerfectData software usage, within energy sector customers, including an oil and gas investment company, as well as other sectors. Upon further investigation, it was also found that in June 2024, a malicious actor had targeted a renewable energy infrastructure provider via a PerfectData Software attack and demonstrated intent to conduct an Operational Technology (OT) attack.

The actor logged into Azure AD from a rare US IP address. They then granted Consent to ‘eM Client’ from the same IP. Shortly after, the actor granted ‘AddServicePrincipal’ via Azure to PerfectData Software. Two days later, the actor created a  new email rule from a London IP to move emails to an RSS Feed Folder, stop processing rules, and mark emails as read. They then accessed mail items in the “\Sent” folder from a malicious IP belonging to anonymization network,  Private Internet Access Virtual Private Network (PIA VPN) [1]. The actor then conducted mass email deletions, deleting multiple instances of emails with subject “[Name] shared "[Company Name] Proposal" With You” from the  “\Sent folder”. The emails’ subject suggests the email likely contains a link to file storage for phishing purposes. The mass deletion likely represented an attempt to obfuscate a potential outbound phishing email campaign.

The Darktrace Model Alert that triggered for the mass deletes of the likely phishing email containing a file storage link.
Figure 1: The Darktrace Model Alert that triggered for the mass deletes of the likely phishing email containing a file storage link.

A month later, the same user was observed downloading mass mLog CSV files related to proprietary and Operational Technology information. In September, three months after the initial attack, another mass download of operational files occurred by this actor, pertaining to operating instructions and measurements, The observed patience and specific file downloads seemingly demonstrated an intent to conduct or research possible OT attack vectors. An attack on OT could have significant impacts including operational downtime, reputational damage, and harm to everyday operations. Darktrace alerted the impacted customer once findings were verified, and subsequent actions were taken by the internal security team to prevent further malicious activity.

Conclusion

Harnessing the power of different tools in a security stack is a key element to cyber defense. The above hypothesis-based threat hunt and custom demonstrated intent to conduct an experimental model creation demonstrates different threat hunting approaches, how Darktrace’s approach can be operationalized, and that proactive threat hunting can be a valuable complement to traditional security controls and is essential for organizations facing increasingly complex threat landscapes.

Credit to Nathaniel Jones (VP, Security & AI Strategy, Field CISO at Darktrace) and Zoe Tilsiter (EMEA Consultancy Lead)

References

  1. https://spur.us/context/191.96.106.219

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About the author
Nathaniel Jones
VP, Security & AI Strategy, Field CISO

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May 6, 2025

Combatting the Top Three Sources of Risk in the Cloud

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With cloud computing, organizations are storing data like intellectual property, trade secrets, Personally Identifiable Information (PII), proprietary code and statistics, and other sensitive information in the cloud. If this data were to be accessed by malicious actors, it could incur financial loss, reputational damage, legal liabilities, and business disruption.

Last year data breaches in solely public cloud deployments were the most expensive type of data breach, with an average of $5.17 million USD, a 13.1% increase from the year before.

So, as cloud usage continues to grow, the teams in charge of protecting these deployments must understand the associated cybersecurity risks.

What are cloud risks?

Cloud threats come in many forms, with one of the key types consisting of cloud risks. These arise from challenges in implementing and maintaining cloud infrastructure, which can expose the organization to potential damage, loss, and attacks.

There are three major types of cloud risks:

1. Misconfigurations

As organizations struggle with complex cloud environments, misconfiguration is one of the leading causes of cloud security incidents. These risks occur when cloud settings leave gaps between cloud security solutions and expose data and services to unauthorized access. If discovered by a threat actor, a misconfiguration can be exploited to allow infiltration, lateral movement, escalation, and damage.

With the scale and dynamism of cloud infrastructure and the complexity of hybrid and multi-cloud deployments, security teams face a major challenge in exerting the required visibility and control to identify misconfigurations before they are exploited.

Common causes of misconfiguration come from skill shortages, outdated practices, and manual workflows. For example, potential misconfigurations can occur around firewall zones, isolated file systems, and mount systems, which all require specialized skill to set up and diligent monitoring to maintain

2. Identity and Access Management (IAM) failures

IAM has only increased in importance with the rise of cloud computing and remote working. It allows security teams to control which users can and cannot access sensitive data, applications, and other resources.

Cybersecurity professionals ranked IAM skills as the second most important security skill to have, just behind general cloud and application security.

There are four parts to IAM: authentication, authorization, administration, and auditing and reporting. Within these, there are a lot of subcomponents as well, including but not limited to Single Sign-On (SSO), Two-Factor Authentication (2FA), Multi-Factor Authentication (MFA), and Role-Based Access Control (RBAC).

Security teams are faced with the challenge of allowing enough access for employees, contractors, vendors, and partners to complete their jobs while restricting enough to maintain security. They may struggle to track what users are doing across the cloud, apps, and on-premises servers.

When IAM is misconfigured, it increases the attack surface and can leave accounts with access to resources they do not need to perform their intended roles. This type of risk creates the possibility for threat actors or compromised accounts to gain access to sensitive company data and escalate privileges in cloud environments. It can also allow malicious insiders and users who accidentally violate data protection regulations to cause greater damage.

3. Cross-domain threats

The complexity of hybrid and cloud environments can be exploited by attacks that cross multiple domains, such as traditional network environments, identity systems, SaaS platforms, and cloud environments. These attacks are difficult to detect and mitigate, especially when a security posture is siloed or fragmented.  

Some attack types inherently involve multiple domains, like lateral movement and supply chain attacks, which target both on-premises and cloud networks.  

Challenges in securing against cross-domain threats often come from a lack of unified visibility. If a security team does not have unified visibility across the organization’s domains, gaps between various infrastructures and the teams that manage them can leave organizations vulnerable.

Adopting AI cybersecurity tools to reduce cloud risk

For security teams to defend against misconfigurations, IAM failures, and insecure APIs, they require a combination of enhanced visibility into cloud assets and architectures, better automation, and more advanced analytics. These capabilities can be achieved with AI-powered cybersecurity tools.

Such tools use AI and automation to help teams maintain a clear view of all their assets and activities and consistently enforce security policies.

Darktrace / CLOUD is a Cloud Detection and Response (CDR) solution that makes cloud security accessible to all security teams and SOCs by using AI to identify and correct misconfigurations and other cloud risks in public, hybrid, and multi-cloud environments.

It provides real-time, dynamic architectural modeling, which gives SecOps and DevOps teams a unified view of cloud infrastructures to enhance collaboration and reveal possible misconfigurations and other cloud risks. It continuously evaluates architecture changes and monitors real-time activity, providing audit-ready traceability and proactive risk management.

Real-time visibility into cloud assets and architectures built from network, configuration, and identity and access roles. In this unified view, Darktrace / CLOUD reveals possible misconfigurations and risk paths.
Figure 1: Real-time visibility into cloud assets and architectures built from network, configuration, and identity and access roles. In this unified view, Darktrace / CLOUD reveals possible misconfigurations and risk paths.

Darktrace / CLOUD also offers attack path modeling for the cloud. It can identify exposed assets and highlight internal attack paths to get a dynamic view of the riskiest paths across cloud environments, network environments, and between – enabling security teams to prioritize based on unique business risk and address gaps to prevent future attacks.  

Darktrace’s Self-Learning AI ensures continuous cloud resilience, helping teams move from reactive to proactive defense.

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About the author
Pallavi Singh
Product Marketing Manager, OT Security & Compliance
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