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Today’s Speakers




Michael Hurley         Bryan Cunningham




Lynne Monaco            Jeff Passolt, Host


                                             2
© 2011 - Copyrighted Materials
• Today’s presentation contains copyrighted
  materials, which are solely the property of their
  respective owners
• Any unauthorized use of these materials is strictly
  prohibited




                                                        3
Introduction
• Many questions, few answers
• What we’ll cover
  –   Major threats – Natural and manmade
  –   Disaster recovery/Business continuity
  –   Why and how to plan
  –   Heightened concerns about cyberthreats




                                               4
Not THE List, A List
                      •   Acts of terrorism
                      •   War-related disasters
                      •   Haz-mat events
                      •   Nuclear accidents
                      •   Aircraft accidents
                      •   Wild-land and urban fires
                      •   Natural disasters
                      •   Other types of natural/human
                          disasters



Source: US Government, National Incident Management Systems Characterization




                                                                               5
Current Threats
• Our biggest worry: DANGEROUS TERRORISTS
  WITH DANGEROUS WEAPONS
  –   Al-Qaeda recruiting and operating in the US
  –   Continue to seek nuclear/other WMDs
  –   If they get them, they’ll use them
  –   Catastrophic consequences on many fronts




                                                    6
US Government Thoughts/Actions
• Post 9/11 Commission views
• Protection efforts: The problem with
  radiation detection
• Cyberthreats – The flavor of the moment
• Conventional weapons assessment
   – Many problems short of WMDs




                                            7
Low Probability vs. High Impact
• “Overriding priority of our national security policy must be to
  prevent the spread of nuclear weapons of mass destruction.”
  – Senators Sam Nunn, Richard Lugar
   – Lock down nuclear weapons and materials
       • Highly enriched uranium and plutonium
   – Cooperate with leaders around the world
       • It’s in their interest, too!
   – Problem of Pakistan
       • Can extremists get the keys to the bomb?
       • Could directly harm the U.S.




                                                                    8
More Concerns
• In Jan. 2010, both Iran and North Korea
  have energetic programs to develop
  nuclear weapons
   – Both are direct threats to the U.S.
• Terrorist interest in acquiring materials
  persist
   – 18 documented cases of theft of highly
     enriched uranium and plutonium
   – Consequences: Hundreds of thousand
     dead, worldwide economic reverberation -
     ”Securing the Bomb,” April 2010
   – “The Nuclear Bazaar” reports 40 plus
     countries now have nuclear materials



                                                9
Homegrown Terrorism
 • 2009 and 2010 – Significant increase in
   terrorist attacks/attempts on U.S. soil, and
   an alarming increase in the number of
   homegrown terrorists
    – Major Hassan and Ft. Hood attack – 13 dead
    – Abdumuttalab’s attempt on NWA flight bound for Detroit
    – Najibullah Zazi - Denver Airport shuttle bus driver, intent
      to attack NYC subway
    – Farooq Admed – Virginia resident, intent to bomb D.C.
      Metrorail
    – Faisal Shahzad – Attempted car bomb in Time Square
    – Mohamed Osman Mohamud – 19-year old Somali, Oregon
      State student, attempted car bombing later November in
      Portland, Christmas tree lighting ceremony
    – Abdulhakim Muhammad – Killed U.S. solider outside Little
      Rock Army recruiting office




                                                                    10
America, We Have a Problem!
• David Headley
• Colleen LaRose, a.k.a “Jihad Jane” of Pennsylvania
• National Security Preparedness Group September 2010
  Report
   – Places like Minneapolis and Portland, because of the growing
     radicalization among Somali youth in those cities, are on the “frontlines”
     of terrorism
• Not Just Islamist Terrorists we need to worry about, what
  should really drive the point home to small- and medium size
  businesses:
   – August 2010, Omar Thornton - Hartford, CT beer distributorship
   – Faced a disciplinary hearing, possibly employment termination
   – Killed 8 co-workers and then killed himself




                                                                                  11
Cyber Attacks are Pervasive
• At least 500 million personal records have likely been
  compromised since January 2005
   – Source: Privacy Rights Clearinghouse
• 2009: Identity theft estimated to have cost the US economy
  $54 billion
   – Source: Forbes magazine




                                                               12
Big Brother is Listening
• President Obama identified
  cybersecurity as “one of the most
  serious economic and national security
  challenges we face as a nation.”
• USG has Project “Perfect Citizen” to
  place classified sensors in networks
  controlling nation’s key critical
  infrastructures e.g., the electric power
  grid
• 300 million electronic medical records
  by 2014; sophisticated electricity use
  sensors in every house
• Obvious privacy, civil liberties
  challenges

                                             13
AQ in Iraq hacks UAV feeds
Locating adversaries in cyberspace         with $29 software
 is becoming increasingly difficult




                                       Members of Al-Qauuam brigade
                                      use laptops to hack opposition IT
                                              systems in 2006.

 Al Qaeda Internet recruiting


                                                                          14
The Cyberthreat
• Theoretical? It’s already happened
• The next war starts not with a bang, but a click




                                                     15
The Threat Issued Settled
•   Russia-Estonia (5/2007)
•   Russia-Georgia (8/2008)
•   China – GhostNet (5/2009)
•   Iranian Non-Revolution
•   China - Google, etc. (12/09)
•   Eastern Europe – Kneber Botnet
    (1/2010)
    – Acquired proprietary data from over
      2,500 companies worldwide
    – Targeted energy, health, technology,
      financial and government sectors
    – Likely run by organized cyber criminals
      in Eastern Europe
    – Detection rate of less than 10% among
      antivirus software/shielded from IDS
      systems




                                                16
The Threat Issued Settled
        • China State Department
          cables
        • Wikileaks war
        • Hacktivism
        • Stuxnet




                                   17
Ripped form the Headlines
• Google China
• Preceded by GhostNet
  – Investigation into attacks on the
    Dalai Lama
  – Wide ranging network of
    compromised computers
  – 1,295 spread across 103 countries
  – 30%= “High Value Targets”
     • Min. Foreign Affairs, embassies,
       news orgs., NATO HQS computer




                                          18
Shadows in the Cloud
• Deep/broad investigation by same group that originally
  uncovered GhostNet – Released Early April 2010
• Documented a new and extremely sophisticated “malware
  ecosystem” that leverages
   – Multiple redundant cloud computing systems
   – Social networking platforms (Twitter, Blogspot, etc.)
   – Free web hosting services to---
• Maintain persistent command and control over machines while
  operating core servers located in the PRC




                                                                19
Shadows in the Cloud - Key Findings
• New “Ecosystem”
   – Convergence of crime & national security threats
• Democratization of espionage
• Theft of classified and sensitive documents
• Collateral compromise
   – Visa applications for US workers in Afghanistan—big OpSec
     problem
• Companies targeted like countries, e.g., Google
   – Need to act accordingly
• Clear links to Chinese hackers, but PRC government?
   – Wikileaks cable demonstrates USG thinks so
• Your network is only as strong as its weakest link




                                                                 20
China Rising, Others Following
                                                     • April 18, 2010- 15% of all
                                                       worldwide Internet traffic
                                                       redirected to networks inside
                                                       PRC
                                                     • Victims included:
                                                        –   Secretary of Defense
                                                        –   All four US armed services
                                                        –   United States Senate
                                                        –   Dell, Yahoo, IBM, Microsoft and
                                                            other private companies
9/7/07 – “Chinese Army Blamed for Pentagon Attack”




                                                                                              21
Collateral Damage
• Even if not the prime target, operating in a foreign country
  may expose organizations to risks associated with cyber-
  wars/hacktivism
   – MasterCard, Amazon targeted by Wikileaks supporters
• High-tech harassment
• Instigators of cyber-wars can cloak true source of attack by
  hiring hackers in other countries, and by zombie-ing
  privately owned computers




                                                                 22
Our #1 Threat?
    • Nuclear, bio scarier, possibly
      worse, but…
    • Combining factors
       – Intent
       – Ease of acquisition (democratization of
         terror/espionage)
       – Potential for serious damage and mass
         fear/uncertainty
    • Strong case for cyber as #1 threat




                                                   23
Our #1 Threat?
• Examples of viable national
  security targets
   –   Government systems
   –   Air-traffic control
   –   Financial sector
   –   Telecom
   –   “Smart” energy grid
   –   Other SCADA targets
   –   Healthcare (especially with EMR
       revolution)




                                         24
Keeping Corporate Leaders Up at Night
              • Damage from security breaches can
                cause
                 –   Fines and penalties
                 –   Lawsuits
                 –   Reduced shareholder value
                 –   Negative publicity
                 –   Loss of customer trust
              • Few companies have the right
                elements in place




                                                    25
Real Money
• ChoicePoint Data Breach results in
  $55 million in fines and settlement
  payments. Largest EVER settlement
  for FTC
• November 2010: AvMed class action
  suit by 1.2 million health plan
  members whose unencrypted PII was
  on two missing laptops




                                        26
Top Information Security Threats
• Identity theft and espionage directed from China and other
  countries
• Expected major increase in attacks from trusted organizations
• Insider attacks
• “Massive armies” of persistent botnets
• Supply-chain attacks infecting consumer devices
• Attacks on mobile phones (esp. iPhones)
• Web application security exploits
   Source: SANS Institute, 2008.




                                                                  27
Other Costs of Information Security Breaches
• Loss of customer & shareholder confidence
• Potentially increased insurance/bonding costs
• Negative public image of corporations that don’t do all that
  was reasonable

• Positive public image for those that do; Do well by doing good

            Your company can set the standard!




                                                                   28
Why You Should Care…
• As a manager/employee:
   – Accountability
   – Legal liability
   – More importantly: Right thing to
     do
   – You could lose:
      • Your competitive advantage
      • Your sales leads
      • Your marketing strategies
   – Embarrassment/reputational
     damage




                                        29
Why You Should Care…
  • As a person:
     – If bad guys get access to your electronics,
       they’ll not stop with company data, they’ll
       take everything:
        • Identity theft/use of credit cards, etc.
        • Personal contact information
        • Using your contacts, data, to attack friends,
          relatives, and others
        • Personal information (books/movies purchased,
          medical information, etc.) you might well not want
          “out there”
        • Massive “black market” of personal/credit
          information

  • Particularly risky if you use same
    passwords/comingle personal with
    business information




                                                               30
Legal Liability by Sector (Some Examples)
• Banking/Finance
   – Gramm-Leach-Bliley
• Healthcare
   –   HIPAA
   –   Expanded in 2009
   –   National breach disclosure requirement
   –   Massive fines
• Government
   – FISMA/NIST for Federal $$
• Education
   – FERPA
• ALL
   – 46 State Laws, Bills in Congress, International




                                                       31
Officer/Director Liability

• Sarbanes-Oxley – Publicly Traded Companies:
  – Requires senior management to perform annual assessment of internal
    controls over financial reporting
  – Indirectly requires management to certify data accuracy
  – Regulators believe securing data necessary to ensure accuracy and
    reliability




                                                                          32
It’s Not If,
 It’ When


               33
Why Plan?

• Responsibility to employees, customers, investors
• Planning compels new understanding of crucial business
  processes
• Enables business survival, reduces degradation in event of
  disaster
• Competitive advantage/marketing angle
• Reduces “failure of imagination”




                                                               34
Planning Fundamentals

1.   Risk/business impact analysis
2.   Communication
3.   Transportation
4.   Coordination
5.   Redundancy
6.   KISS
7.   Chains of command
8.   Imagination - Failure thereof




                                          35
More Planning Fundamentals

•   To start, you have to start
•   Scope – Lessons from Goldilocks
•   Seats at the table
•   Baselining and imagining
•   Disaster recovery vs. business continuity
•   All hazards approach
•   Biggest bang for the buck




                                                36
No Battle Plan Survives the First Shot

                •   Communications is Key
                •   Empower Improvisation
                •   Recrimination Control
                •   Multiple Contingencies
                •   Checklists and SOPs
                •   Failsafes




                                             37
Communications
• Do you have a list of IDs, passwords,
  important files, etc. printed out/electronic
  and in a safe place off-site?
• What do you do with mail/customer orders?
• Set up call forwarding to a back up location
• Consider alternate & redundant routing of
  communications
• Dial-up may not be the most sophisticated
  technology but if the Internet is down you
  can still connect point-to-point with dial-up




                                                  38
Information Sharing & Analysis Centers

•   Communications
•   Energy
•   Financial Services
•   Information Technology
•   Emergency Management & Response
•   Surface Transportation
•   Supply Chain

             www.isaccouncil.org/sites/index.php




                                                   39
Disaster Planning Spectrum
Business Process Mapping



          Threat/Risk Assessment


                    Create DR plan
                    Acquire assets
                    Train DR plan


                                   Test & exercise
                                   Plan Regularly


                                                 Continuously Reassess
                                                 And Refine



                                                                         40
CyberRisk:
What Do To



             41
Key Information Security Planning Principles


•   The worst thing is not to start
•   2nd worst thing: Start in the middle
•   Data Classification Process
•   Strategic Security Plan
•   Attorney-client privilege
•   Advice of Counsel defense




                                                   42
Don’ts
   • Start with a penetration test
   • Focus only on the technical
   • Focus only on the IT
     department
   • Move forward without
     Attorney-Client privilege in
     place




                                     43
Private Sector Preparedness

• Private sector preparedness for crises is essential to the
  nation’s well being
• Large businesses, often with far-reaching interests, see
  themselves as more at risk from terrorist plots
• Many small/medium-businesses, even though they can be
  crippled by a crisis, have done little




                                                               44
Private Sector Preparedness

• Insurance brokers and companies
  should consider business
  preparedness in their risk evaluation
  process
• We need to promote greater
  understanding that corporate
  resilience and preparedness are
  competitive advantages for
  companies
• Investors should be aware of a
  company’s preparedness status to
  guide their investment decisions




                                          45
Private Sector Preparedness

• Fed legislation empowers DHS to establish a voluntary
  accreditation and certification program
• Key: Integrate insurance, legal, rating agency communities
  into certification program to encourage them to reward
  certified businesses




                                                               46
Don’t be Overwhelmed by Fear, Manage Risk

• Before 9/11, most of us were unaware of these threats
• The reality is they are with us to stay
• Our message is not to be afraid but to know that bad things
  can happen in today’s world and to take steps to be prepared
  to manage risk and deal with a disaster if and when it
  happens
• It only makes good business sense; the business that does
  this planning is one that will emerge from whatever happens,
  taking care of its customers and employees and move
  forward.
• It makes every bit of sense to think through scenarios in
  advance



                                                                 47
Don’t Try This at Home

• Areas Discussed Today Are Extremely Complex
• Only Constant in this Area is Change
• Warning: This presentation is not legal advice, and should
  not be relied upon




                                      Bryan Cunningham
      Michael Hurley                   (303) 743-0003
   mihurley@hotmail.com            bc@morgancunningham.net



                                                               48
Telecommunications Continuity

• DHS Considers Telecommunications
  to be a Critical Part of Infrastructure
   – Employee Safety (911 and family)
   – Encourage Family Pre-planning
     Ready.gov
   – Operations/Staffing needs
• Telecommunications Systems are an
  Important Component of Business
  Continuity Planning
   - Travel/meetings curtailed
   - Access to Data, PBX/voice
  communications, call center
  operations, access to networks


                                            49
Telecommunications Continuity

         • Videoconferencing and Audio
           conferencing are cost/effective
           alternatives

         • Electronic Data Transfer

         • Web based presentations

         • Accessible, Effective Data Back-Up

         • Reliability of Telecommunications is a
           key to Business Continuity


                                                    50
Telecommunications Continuity

• Reliability Considerations:
   – Will your system work during a power outage? Landlines
     typically have both battery and generator backup.
   – Cell Towers may become overloaded.
   – Redundancy in the network.
   – Call Transfer capabilities – inbound call center operations


• Automated Emergency Notifications
• Automated Attendant Systems (e.g. Voicemail)

• Safety and Security are the highest priorities!




                                                                   51
Today’s Speakers




Michael Hurley         Bryan Cunningham




Lynne Monaco            Jeff Passolt, Host


                                             52
53

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Fail To Plan

  • 1. 1
  • 2. Today’s Speakers Michael Hurley Bryan Cunningham Lynne Monaco Jeff Passolt, Host 2
  • 3. © 2011 - Copyrighted Materials • Today’s presentation contains copyrighted materials, which are solely the property of their respective owners • Any unauthorized use of these materials is strictly prohibited 3
  • 4. Introduction • Many questions, few answers • What we’ll cover – Major threats – Natural and manmade – Disaster recovery/Business continuity – Why and how to plan – Heightened concerns about cyberthreats 4
  • 5. Not THE List, A List • Acts of terrorism • War-related disasters • Haz-mat events • Nuclear accidents • Aircraft accidents • Wild-land and urban fires • Natural disasters • Other types of natural/human disasters Source: US Government, National Incident Management Systems Characterization 5
  • 6. Current Threats • Our biggest worry: DANGEROUS TERRORISTS WITH DANGEROUS WEAPONS – Al-Qaeda recruiting and operating in the US – Continue to seek nuclear/other WMDs – If they get them, they’ll use them – Catastrophic consequences on many fronts 6
  • 7. US Government Thoughts/Actions • Post 9/11 Commission views • Protection efforts: The problem with radiation detection • Cyberthreats – The flavor of the moment • Conventional weapons assessment – Many problems short of WMDs 7
  • 8. Low Probability vs. High Impact • “Overriding priority of our national security policy must be to prevent the spread of nuclear weapons of mass destruction.” – Senators Sam Nunn, Richard Lugar – Lock down nuclear weapons and materials • Highly enriched uranium and plutonium – Cooperate with leaders around the world • It’s in their interest, too! – Problem of Pakistan • Can extremists get the keys to the bomb? • Could directly harm the U.S. 8
  • 9. More Concerns • In Jan. 2010, both Iran and North Korea have energetic programs to develop nuclear weapons – Both are direct threats to the U.S. • Terrorist interest in acquiring materials persist – 18 documented cases of theft of highly enriched uranium and plutonium – Consequences: Hundreds of thousand dead, worldwide economic reverberation - ”Securing the Bomb,” April 2010 – “The Nuclear Bazaar” reports 40 plus countries now have nuclear materials 9
  • 10. Homegrown Terrorism • 2009 and 2010 – Significant increase in terrorist attacks/attempts on U.S. soil, and an alarming increase in the number of homegrown terrorists – Major Hassan and Ft. Hood attack – 13 dead – Abdumuttalab’s attempt on NWA flight bound for Detroit – Najibullah Zazi - Denver Airport shuttle bus driver, intent to attack NYC subway – Farooq Admed – Virginia resident, intent to bomb D.C. Metrorail – Faisal Shahzad – Attempted car bomb in Time Square – Mohamed Osman Mohamud – 19-year old Somali, Oregon State student, attempted car bombing later November in Portland, Christmas tree lighting ceremony – Abdulhakim Muhammad – Killed U.S. solider outside Little Rock Army recruiting office 10
  • 11. America, We Have a Problem! • David Headley • Colleen LaRose, a.k.a “Jihad Jane” of Pennsylvania • National Security Preparedness Group September 2010 Report – Places like Minneapolis and Portland, because of the growing radicalization among Somali youth in those cities, are on the “frontlines” of terrorism • Not Just Islamist Terrorists we need to worry about, what should really drive the point home to small- and medium size businesses: – August 2010, Omar Thornton - Hartford, CT beer distributorship – Faced a disciplinary hearing, possibly employment termination – Killed 8 co-workers and then killed himself 11
  • 12. Cyber Attacks are Pervasive • At least 500 million personal records have likely been compromised since January 2005 – Source: Privacy Rights Clearinghouse • 2009: Identity theft estimated to have cost the US economy $54 billion – Source: Forbes magazine 12
  • 13. Big Brother is Listening • President Obama identified cybersecurity as “one of the most serious economic and national security challenges we face as a nation.” • USG has Project “Perfect Citizen” to place classified sensors in networks controlling nation’s key critical infrastructures e.g., the electric power grid • 300 million electronic medical records by 2014; sophisticated electricity use sensors in every house • Obvious privacy, civil liberties challenges 13
  • 14. AQ in Iraq hacks UAV feeds Locating adversaries in cyberspace with $29 software is becoming increasingly difficult Members of Al-Qauuam brigade use laptops to hack opposition IT systems in 2006. Al Qaeda Internet recruiting 14
  • 15. The Cyberthreat • Theoretical? It’s already happened • The next war starts not with a bang, but a click 15
  • 16. The Threat Issued Settled • Russia-Estonia (5/2007) • Russia-Georgia (8/2008) • China – GhostNet (5/2009) • Iranian Non-Revolution • China - Google, etc. (12/09) • Eastern Europe – Kneber Botnet (1/2010) – Acquired proprietary data from over 2,500 companies worldwide – Targeted energy, health, technology, financial and government sectors – Likely run by organized cyber criminals in Eastern Europe – Detection rate of less than 10% among antivirus software/shielded from IDS systems 16
  • 17. The Threat Issued Settled • China State Department cables • Wikileaks war • Hacktivism • Stuxnet 17
  • 18. Ripped form the Headlines • Google China • Preceded by GhostNet – Investigation into attacks on the Dalai Lama – Wide ranging network of compromised computers – 1,295 spread across 103 countries – 30%= “High Value Targets” • Min. Foreign Affairs, embassies, news orgs., NATO HQS computer 18
  • 19. Shadows in the Cloud • Deep/broad investigation by same group that originally uncovered GhostNet – Released Early April 2010 • Documented a new and extremely sophisticated “malware ecosystem” that leverages – Multiple redundant cloud computing systems – Social networking platforms (Twitter, Blogspot, etc.) – Free web hosting services to--- • Maintain persistent command and control over machines while operating core servers located in the PRC 19
  • 20. Shadows in the Cloud - Key Findings • New “Ecosystem” – Convergence of crime & national security threats • Democratization of espionage • Theft of classified and sensitive documents • Collateral compromise – Visa applications for US workers in Afghanistan—big OpSec problem • Companies targeted like countries, e.g., Google – Need to act accordingly • Clear links to Chinese hackers, but PRC government? – Wikileaks cable demonstrates USG thinks so • Your network is only as strong as its weakest link 20
  • 21. China Rising, Others Following • April 18, 2010- 15% of all worldwide Internet traffic redirected to networks inside PRC • Victims included: – Secretary of Defense – All four US armed services – United States Senate – Dell, Yahoo, IBM, Microsoft and other private companies 9/7/07 – “Chinese Army Blamed for Pentagon Attack” 21
  • 22. Collateral Damage • Even if not the prime target, operating in a foreign country may expose organizations to risks associated with cyber- wars/hacktivism – MasterCard, Amazon targeted by Wikileaks supporters • High-tech harassment • Instigators of cyber-wars can cloak true source of attack by hiring hackers in other countries, and by zombie-ing privately owned computers 22
  • 23. Our #1 Threat? • Nuclear, bio scarier, possibly worse, but… • Combining factors – Intent – Ease of acquisition (democratization of terror/espionage) – Potential for serious damage and mass fear/uncertainty • Strong case for cyber as #1 threat 23
  • 24. Our #1 Threat? • Examples of viable national security targets – Government systems – Air-traffic control – Financial sector – Telecom – “Smart” energy grid – Other SCADA targets – Healthcare (especially with EMR revolution) 24
  • 25. Keeping Corporate Leaders Up at Night • Damage from security breaches can cause – Fines and penalties – Lawsuits – Reduced shareholder value – Negative publicity – Loss of customer trust • Few companies have the right elements in place 25
  • 26. Real Money • ChoicePoint Data Breach results in $55 million in fines and settlement payments. Largest EVER settlement for FTC • November 2010: AvMed class action suit by 1.2 million health plan members whose unencrypted PII was on two missing laptops 26
  • 27. Top Information Security Threats • Identity theft and espionage directed from China and other countries • Expected major increase in attacks from trusted organizations • Insider attacks • “Massive armies” of persistent botnets • Supply-chain attacks infecting consumer devices • Attacks on mobile phones (esp. iPhones) • Web application security exploits Source: SANS Institute, 2008. 27
  • 28. Other Costs of Information Security Breaches • Loss of customer & shareholder confidence • Potentially increased insurance/bonding costs • Negative public image of corporations that don’t do all that was reasonable • Positive public image for those that do; Do well by doing good Your company can set the standard! 28
  • 29. Why You Should Care… • As a manager/employee: – Accountability – Legal liability – More importantly: Right thing to do – You could lose: • Your competitive advantage • Your sales leads • Your marketing strategies – Embarrassment/reputational damage 29
  • 30. Why You Should Care… • As a person: – If bad guys get access to your electronics, they’ll not stop with company data, they’ll take everything: • Identity theft/use of credit cards, etc. • Personal contact information • Using your contacts, data, to attack friends, relatives, and others • Personal information (books/movies purchased, medical information, etc.) you might well not want “out there” • Massive “black market” of personal/credit information • Particularly risky if you use same passwords/comingle personal with business information 30
  • 31. Legal Liability by Sector (Some Examples) • Banking/Finance – Gramm-Leach-Bliley • Healthcare – HIPAA – Expanded in 2009 – National breach disclosure requirement – Massive fines • Government – FISMA/NIST for Federal $$ • Education – FERPA • ALL – 46 State Laws, Bills in Congress, International 31
  • 32. Officer/Director Liability • Sarbanes-Oxley – Publicly Traded Companies: – Requires senior management to perform annual assessment of internal controls over financial reporting – Indirectly requires management to certify data accuracy – Regulators believe securing data necessary to ensure accuracy and reliability 32
  • 33. It’s Not If, It’ When 33
  • 34. Why Plan? • Responsibility to employees, customers, investors • Planning compels new understanding of crucial business processes • Enables business survival, reduces degradation in event of disaster • Competitive advantage/marketing angle • Reduces “failure of imagination” 34
  • 35. Planning Fundamentals 1. Risk/business impact analysis 2. Communication 3. Transportation 4. Coordination 5. Redundancy 6. KISS 7. Chains of command 8. Imagination - Failure thereof 35
  • 36. More Planning Fundamentals • To start, you have to start • Scope – Lessons from Goldilocks • Seats at the table • Baselining and imagining • Disaster recovery vs. business continuity • All hazards approach • Biggest bang for the buck 36
  • 37. No Battle Plan Survives the First Shot • Communications is Key • Empower Improvisation • Recrimination Control • Multiple Contingencies • Checklists and SOPs • Failsafes 37
  • 38. Communications • Do you have a list of IDs, passwords, important files, etc. printed out/electronic and in a safe place off-site? • What do you do with mail/customer orders? • Set up call forwarding to a back up location • Consider alternate & redundant routing of communications • Dial-up may not be the most sophisticated technology but if the Internet is down you can still connect point-to-point with dial-up 38
  • 39. Information Sharing & Analysis Centers • Communications • Energy • Financial Services • Information Technology • Emergency Management & Response • Surface Transportation • Supply Chain www.isaccouncil.org/sites/index.php 39
  • 40. Disaster Planning Spectrum Business Process Mapping Threat/Risk Assessment Create DR plan Acquire assets Train DR plan Test & exercise Plan Regularly Continuously Reassess And Refine 40
  • 42. Key Information Security Planning Principles • The worst thing is not to start • 2nd worst thing: Start in the middle • Data Classification Process • Strategic Security Plan • Attorney-client privilege • Advice of Counsel defense 42
  • 43. Don’ts • Start with a penetration test • Focus only on the technical • Focus only on the IT department • Move forward without Attorney-Client privilege in place 43
  • 44. Private Sector Preparedness • Private sector preparedness for crises is essential to the nation’s well being • Large businesses, often with far-reaching interests, see themselves as more at risk from terrorist plots • Many small/medium-businesses, even though they can be crippled by a crisis, have done little 44
  • 45. Private Sector Preparedness • Insurance brokers and companies should consider business preparedness in their risk evaluation process • We need to promote greater understanding that corporate resilience and preparedness are competitive advantages for companies • Investors should be aware of a company’s preparedness status to guide their investment decisions 45
  • 46. Private Sector Preparedness • Fed legislation empowers DHS to establish a voluntary accreditation and certification program • Key: Integrate insurance, legal, rating agency communities into certification program to encourage them to reward certified businesses 46
  • 47. Don’t be Overwhelmed by Fear, Manage Risk • Before 9/11, most of us were unaware of these threats • The reality is they are with us to stay • Our message is not to be afraid but to know that bad things can happen in today’s world and to take steps to be prepared to manage risk and deal with a disaster if and when it happens • It only makes good business sense; the business that does this planning is one that will emerge from whatever happens, taking care of its customers and employees and move forward. • It makes every bit of sense to think through scenarios in advance 47
  • 48. Don’t Try This at Home • Areas Discussed Today Are Extremely Complex • Only Constant in this Area is Change • Warning: This presentation is not legal advice, and should not be relied upon Bryan Cunningham Michael Hurley (303) 743-0003 mihurley@hotmail.com bc@morgancunningham.net 48
  • 49. Telecommunications Continuity • DHS Considers Telecommunications to be a Critical Part of Infrastructure – Employee Safety (911 and family) – Encourage Family Pre-planning Ready.gov – Operations/Staffing needs • Telecommunications Systems are an Important Component of Business Continuity Planning - Travel/meetings curtailed - Access to Data, PBX/voice communications, call center operations, access to networks 49
  • 50. Telecommunications Continuity • Videoconferencing and Audio conferencing are cost/effective alternatives • Electronic Data Transfer • Web based presentations • Accessible, Effective Data Back-Up • Reliability of Telecommunications is a key to Business Continuity 50
  • 51. Telecommunications Continuity • Reliability Considerations: – Will your system work during a power outage? Landlines typically have both battery and generator backup. – Cell Towers may become overloaded. – Redundancy in the network. – Call Transfer capabilities – inbound call center operations • Automated Emergency Notifications • Automated Attendant Systems (e.g. Voicemail) • Safety and Security are the highest priorities! 51
  • 52. Today’s Speakers Michael Hurley Bryan Cunningham Lynne Monaco Jeff Passolt, Host 52
  • 53. 53