Sunday, May 15, 2016

The Current State of Cyberthreats: An Unavoidable Business Risk

As hackers increasingly vie for organizations’ hard intellectual properties, law firms’ cyberattacks are the inevitable cost of doing business.

, Legaltech News


The following is part one of a two-part series addressing the state of cyberattackers against law firms. Part two will discuss cybersecurity best practices, strategies and common mistakes.

Douglas Bloom, director of cybersecurity and forensics at PricewaterhouseCoopers (PwC) let the audience at PwC’s Law Firm Services Global Forum’s “Cyber Risk – A Growing Threat” session in on a hard truth — cyberattackers are hitting law firms and companies harder and more frequently than ever before. Attacks “increased by 42 percent last year — it went up to 58 million attacks per year in 2015,” he said. “To put that into context, that’s a little over 150,000 attacks per day.”

James Fox, partner at PwC's New York Metro Risk Assurance Cybersecurity, explained that many breaches and cyberattacks on organizations happen due to some “some third party, it could be law firms, it could be a third party that does billing, etc.” But out of all the third parties a company hires, law firms are the most sought after because they are often the path of least resistance to a company’s most valuable data.

Usually cyberattackers “have to dig through a lot of information, a lot of databases to find those nuggets,” of data they are after, Fox said. “What’s great about law firms is that a lot of that information is consolidated. The concentration of information is one of [law firms’] challenges…If I am looking for information on ‘company Z,’ I guarantee the first thing I am going to do is see how well protected their law firm is.”

“In addition to that, I can get information on more than one company [from a law firm],” Bloom added. “The days of looking for PII so I can go create fake credit cards are over; what is really getting popular is theft of IP.”

Bloom noted that the state of attacks in 2015 “comprise a business risk instead of just an IT risk,” adding that “what we saw last year was an increase of attacks against hard intellectual property that is at the core of the business,” such as patents and blueprints.

The desire for business information even affects law firms that handle obscure intellectual property that might not strike many as valuable. “There is always a sparingly robust market for this information,” Fox said, recalling an incident where esoteric business information on the dark web was sold for around $100,000 to a buyer most likely from China who could use the information in opening a similar business.

The shift towards targeting law firms for companies’ valuable business information was front and center in early 2016, when hackers targeted dozens of law firms working on M&A deals, including Cravath, Swaine & Moore and Weil, Gotshal & Manges.

“It’s a trend we see moving forward, where the law firm, because of all the deals, was a major target,” Bloom said.

There was also the business-data related “ Panama Papers” breach of the Mossack Fonseca Group law firm, which Fox called “largest single breach in terms of confidential information…It makes the Pentagon Papers look like a joke.”

The revelation of widespread and potentially unprecedented breaches at law firms this year, however, did not surprise either speaker. “Conservative statistics show that for any one of these breaches that is identified, 20 of them are not identified, seen, or reported — and that’s conservative, it’s probably much higher than that… They are not outliers; it truly is an indication of the impact of these.”

Know your Enemy

Bloom advised that “understanding what the threat is understanding who is after your information,” and classified cyberattacks into four groups: hacktivists, organized crime, nation-state actors, and insiders.

Most external cyberattacks “are not kids in a garage; it’s a very organized group and specialization is phenomenally good,” Fox added. “The person who writes the email isn’t the same person that sends the email and does URL scrambling. You find it’s a phenomenally efficient and well organized market that gets this done.”

He described the cybercrime underworld as a meritocracy that is “all reputation based,” where top leaders form “a known persona in the industry” to become a trusted source for stolen information. But the marketplace these actors deal in is not entirely open. “They will tell you I’ve sold this [stolen information] three times in the past, I don’t intend to sell it a fifth time…this is how ‘ethical’ these guys can be in the approach.”

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