As cyber attacks against U.S. companies move markets, drain tens of millions dollars from bank accounts, siphon off trade secrets, and threaten critical infrastructure, the mantra among government officials is: sharing (information) is caring. The government\u2019s desire to increase information sharing on cyber intrusions with the private sector is at the heart of an executive order issued in February\u2014and it was a point underscored at a New York City Bar Association event on Monday, when Mary Galligan, who is an FBI \u201ccyber cop,\u201d urged corporations to come forward with information about attacks on their networks.<\/p>\n
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For this, we turn to Galligan\u2019s afternoon panel on cyber crime, where she was accompanied by attorneys in private practice, a law professor, the head of a computer forensics firm, and the chief of the Manhattan District Attorney\u2019s investigations division.<\/p>\n
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First, as Ed Stroz, of the investigative firm Stroz Friedberg, explained, it\u2019s important to recognize that you could be attacked by different categories of attackers, including state-sponsored actors, organized criminal groups, individual hackers or \u201chacktivists,\u201d and company insiders. \u201cWhat happens with the FBI is right now, approximately 60 percent of the time, we are going out and telling a company that they have been intruded upon,\u201d says Galligan. Well, either they\u2019re getting the information from another FBI investigation, \u201cor we\u2019re getting it from our partners in the government,\u201d Galligan says, which includes all 16 of the U.S. intelligence agencies.<\/p>\n
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Whether you call them or they call you, Galligan and her FBI team are going to hope your company has already contemplated the possibility of a cyber attack, that you have a response plan, and that your general counsel is involved in it.<\/p>\n
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\u201cBecause we say over and over\u2014and I have seen it over and over\u2014that unless the general counsels and\/or your outside counsel are involved in these issues from the beginning, are part of your plan, it becomes very, very difficult for the government to help you,\u201d Galligan says,<\/p>\n
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The bureau also pointed out to the banks that a DDoS can serve as an opportunity for criminal actors to \u201ccome in and commit crime in your system.\u201d<\/p>\n
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\u201cIt\u2019s a discussion where we say, \u2018We recognize you need to make a business decision,\u201d she says, \u201cand that business decision is going to be a very complicated one.\u2019<\/p>\n
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\u201cYou have to really figure out what exactly you\u2019re going to be willing to do,\u201d says DeVore & DeMarco partner Joseph DeMarco, who specialized in cyber crime as an assistant U.S.<\/p>\n
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