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July 17, 2024

What you need to know about the new SEC Cybersecurity rules

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17
Jul 2024
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.

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.
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January 29, 2025

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Inside the SOC

Bytesize Security: Insider Threats in Google Workspace

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What is an insider threat?

An insider threat is a cyber risk originating from within an organization. These threats can involve actions such as an employee inadvertently clicking on a malicious link (e.g., a phishing email) or an employee with malicious intent conducting data exfiltration for corporate sabotage.

Insiders often exploit their knowledge and access to legitimate corporate tools, presenting a continuous risk to organizations. Defenders must protect their digital estate against threats from both within and outside the organization.

For example, in the summer of 2024, Darktrace / IDENTITY successfully detected a user in a customer environment attempting to steal sensitive data from a trusted Google Workspace service. Despite the use of a legitimate and compliant corporate tool, Darktrace identified anomalies in the user’s behavior that indicated malicious intent.

Attack overview: Insider threat

In June 2024, Darktrace detected unusual activity involving the Software-as-a-Service (SaaS) account of a former employee from a customer organization. This individual, who had recently left the company, was observed downloading a significant amount of data in the form of a “.INDD” file (an Adobe InDesign document typically used to create page layouts [1]) from Google Drive.

While the use of Google Drive and other Google Workspace platforms was not unexpected for this employee, Darktrace identified that the user had logged in from an unfamiliar and suspicious IPv6 address before initiating the download. This anomaly triggered a model alert in Darktrace / IDENTITY, flagging the activity as potentially malicious.

A Model Alert in Darktrace / IDENTITY showing the unusual “.INDD” file being downloaded from Google Workspace.
Figure 1: A Model Alert in Darktrace / IDENTITY showing the unusual “.INDD” file being downloaded from Google Workspace.

Following this detection, the customer reached out to Darktrace’s Security Operations Center (SOC) team via the Security Operations Support service for assistance in triaging and investigating the incident further. Darktrace’s SOC team conducted an in-depth investigation, enabling the customer to identify the exact moment of the file download, as well as the contents of the stolen documents. The customer later confirmed that the downloaded files contained sensitive corporate data, including customer details and payment information, likely intended for reuse or sharing with a new employer.

In this particular instance, Darktrace’s Autonomous Response capability was not active, allowing the malicious insider to successfully exfiltrate the files. If Autonomous Response had been enabled, Darktrace would have immediately acted upon detecting the login from an unusual (in this case 100% rare) location by logging out and disabling the SaaS user. This would have provided the customer with the necessary time to review the activity and verify whether the user was authorized to access their SaaS environments.

Conclusion

Insider threats pose a significant challenge for traditional security tools as they involve internal users who are expected to access SaaS platforms. These insiders have preexisting knowledge of the environment, sensitive data, and how to make their activities appear normal, as seen in this case with the use of Google Workspace. This familiarity allows them to avoid having to use more easily detectable intrusion methods like phishing campaigns.

Darktrace’s anomaly detection capabilities, which focus on identifying unusual activity rather than relying on specific rules and signatures, enable it to effectively detect deviations from a user’s expected behavior. For instance, an unusual login from a new location, as in this example, can be flagged even if the subsequent malicious activity appears innocuous due to the use of a trusted application like Google Drive.

Credit to Vivek Rajan (Cyber Analyst) and Ryan Traill (Analyst Content Lead)

Appendices

Darktrace Model Detections

SaaS / Resource::Unusual Download Of Externally Shared Google Workspace File

References

[1]https://www.adobe.com/creativecloud/file-types/image/vector/indd-file.html

MITRE ATT&CK Mapping

Technqiue – Tactic – ID

Data from Cloud Storage Object – COLLECTION -T1530

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Vivek Rajan
Cyber Analyst

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January 28, 2025

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Reimagining Your SOC: How to Achieve Proactive Network Security

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Introduction: Challenges and solutions to SOC efficiency

For Security Operation Centers (SOCs), reliance on signature or rule-based tools – solutions that are always chasing the latest update to prevent only what is already known – creates an excess of false positives. SOC analysts are therefore overwhelmed by a high volume of context-lacking alerts, with human analysts able to address only about 10% due to time and resource constraints. This forces many teams to accept the risks of addressing only a fraction of the alerts while novel threats go completely missed.

74% of practitioners are already grappling with the impact of an AI-powered threat landscape, which amplifies challenges like tool sprawl, alert fatigue, and burnout. Thus, achieving a resilient network, where SOC teams can spend most of their time getting proactive and stopping threats before they occur, feels like an unrealistic goal as attacks are growing more frequent.

Despite advancements in security technology (advanced detection systems with AI, XDR tools, SIEM aggregators, etc...), practitioners are still facing the same issues of inefficiency in their SOC, stopping them from becoming proactive. How can they select security solutions that help them achieve a proactive state without dedicating more human hours and resources to managing and triaging alerts, tuning rules, investigating false positives, and creating reports?

To overcome these obstacles, organizations must leverage security technology that is able to augment and support their teams. This can happen in the following ways:

  1. Full visibility across the modern network expanding into hybrid environments
  2. Have tools that identifies and stops novel threats autonomously, without causing downtime
  3. Apply AI-led analysis to reduce time spent on manual triage and investigation

Your current solutions might be holding you back

Traditional cybersecurity point solutions are reliant on using global threat intelligence to pattern match, determine signatures, and consequently are chasing the latest update to prevent only what is known. This means that unknown threats will evade detection until a patient zero is identified. This legacy approach to threat detection means that at least one organization needs to be ‘patient zero’, or the first victim of a novel attack before it is formally identified.

Even the point solutions that claim to use AI to enhance threat detection rely on a combination of supervised machine learning, deep learning, and transformers to

train and inform their systems. This entails shipping your company’s data out to a large data lake housed somewhere in the cloud where it gets blended with attack data from thousands of other organizations. The resulting homogenized dataset gets used to train AI systems — yours and everyone else’s — to recognize patterns of attack based on previously encountered threats.

While using AI in this way reduces the workload of security teams who would traditionally input this data by hand, it emanates the same risk – namely, that AI systems trained on known threats cannot deal with the threats of tomorrow. Ultimately, it is the unknown threats that bring down an organization.

The promise and pitfalls of XDR in today's threat landscape

Enter Extended Detection and Response (XDR): a platform approach aimed at unifying threat detection across the digital environment. XDR was developed to address the limitations of traditional, fragmented tools by stitching together data across domains, providing SOC teams with a more cohesive, enterprise-wide view of threats. This unified approach allows for improved detection of suspicious activities that might otherwise be missed in siloed systems.

However, XDR solutions still face key challenges: they often depend heavily on human validation, which can aggravate the already alarmingly high alert fatigue security analysts experience, and they remain largely reactive, focusing on detecting and responding to threats rather than helping prevent them. Additionally, XDR frequently lacks full domain coverage, relying on EDR as a foundation and are insufficient in providing native NDR capabilities and visibility, leaving critical gaps that attackers can exploit. This is reflected in the current security market, with 57% of organizations reporting that they plan to integrate network security products into their current XDR toolset[1].

Why settling is risky and how to unlock SOC efficiency

The result of these shortcomings within the security solutions market is an acceptance of inevitable risk. From false positives driving the barrage of alerts, to the siloed tooling that requires manual integration, and the lack of multi-domain visibility requiring human intervention for business context, security teams have accepted that not all alerts can be triaged or investigated.

While prioritization and processes have improved, the SOC is operating under a model that is overrun with alerts that lack context, meaning that not all of them can be investigated because there is simply too much for humans to parse through. Thus, teams accept the risk of leaving many alerts uninvestigated, rather than finding a solution to eliminate that risk altogether.

Darktrace / NETWORK is designed for your Security Operations Center to eliminate alert triage with AI-led investigations , and rapidly detect and respond to known and unknown threats. This includes the ability to scale into other environments in your infrastructure including cloud, OT, and more.

Beyond global threat intelligence: Self-Learning AI enables novel threat detection & response

Darktrace does not rely on known malware signatures, external threat intelligence, historical attack data, nor does it rely on threat trained machine learning to identify threats.

Darktrace’s unique Self-learning AI deeply understands your business environment by analyzing trillions of real-time events that understands your normal ‘pattern of life’, unique to your business. By connecting isolated incidents across your business, including third party alerts and telemetry, Darktrace / NETWORK uses anomaly chains to identify deviations from normal activity.

The benefit to this is that when we are not predefining what we are looking for, we can spot new threats, allowing end users to identify both known threats and subtle, never-before-seen indicators of malicious activity that traditional solutions may miss if they are only looking at historical attack data.

AI-led investigations empower your SOC to prioritize what matters

Anomaly detection is often criticized for yielding high false positives, as it flags deviations from expected patterns that may not necessarily indicate a real threat or issues. However, Darktrace applies an investigation engine to automate alert triage and address alert fatigue.

Darktrace’s Cyber AI Analyst revolutionizes security operations by conducting continuous, full investigations across Darktrace and third-party alerts, transforming the alert triage process. Instead of addressing only a fraction of the thousands of daily alerts, Cyber AI Analyst automatically investigates every relevant alert, freeing up your team to focus on high-priority incidents and close security gaps.

Powered by advanced machine-learning techniques, including unsupervised learning, models trained by expert analysts, and tailored security language models, Cyber AI Analyst emulates human investigation skills, testing hypotheses, analyzing data, and drawing conclusions. According to Darktrace Internal Research, Cyber AI Analyst typically provides a SOC with up to  50,000 additional hours of Level 2 analysis and written reporting annually, enriching security operations by producing high level incident alerts with full details so that human analysts can focus on Level 3 tasks.

Containing threats with Autonomous Response

Simply quarantining a device is rarely the best course of action - organizations need to be able to maintain normal operations in the face of threats and choose the right course of action. Different organizations also require tailored response functions because they have different standards and protocols across a variety of unique devices. Ultimately, a ‘one size fits all’ approach to automated response actions puts organizations at risk of disrupting business operations.

Darktrace’s Autonomous Response tailors its actions to contain abnormal behavior across users and digital assets by understanding what is normal and stopping only what is not. Unlike blanket quarantines, it delivers a bespoke approach, blocking malicious activities that deviate from regular patterns while ensuring legitimate business operations remain uninterrupted.

Darktrace offers fully customizable response actions, seamlessly integrating with your workflows through hundreds of native integrations and an open API. It eliminates the need for costly development, natively disarming threats in seconds while extending capabilities with third-party tools like firewalls, EDR, SOAR, and ITSM solutions.

Unlocking a proactive state of security

Securing the network isn’t just about responding to incidents — it’s about being proactive, adaptive, and prepared for the unexpected. The NIST Cybersecurity Framework (CSF 2.0) emphasizes this by highlighting the need for focused risk management, continuous incident response (IR) refinement, and seamless integration of these processes with your detection and response capabilities.

Despite advancements in security technology, achieving a proactive posture is still a challenge to overcome because SOC teams face inefficiencies from reliance on pattern-matching tools, which generate excessive false positives and leave many alerts unaddressed, while novel threats go undetected. If SOC teams are spending all their time investigating alerts then there is no time spent getting ahead of attacks.

Achieving proactive network resilience — a state where organizations can confidently address challenges at every stage of their security posture — requires strategically aligned solutions that work seamlessly together across the attack lifecycle.

References

1.       Market Guide for Extended Detection and Response, Gartner, 17thAugust 2023 - ID G00761828

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