Tag Archive: cybercrime

Building a Cybersecurity Talent Pipeline

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While prominent companies and healthcare institutions around the world were reacting to a ransomware attack known as WanaCryptor 2.0, or WannaCry, a young man working for a cybersecurity firm in southeast England landed on a solution that cost just $10.69. He found the so-called “kill switch” in the malware’s code that involved the simple purchase of an unregistered domain name. He promptly registered the domain, halting WannaCry’s spread. The identity of this cyberknight remains anonymous, but one notable fact about his background has emerged: he’s only 22 years old.

According to a 2015 study by the Center for Cyber Safety and Education, the average age of security practitioners is 45 years old. Many security professionals will leave the workforce within the next 20 years, but younger professionals are not seeking careers in cybersecurity at a pace sufficient to keep up with companies’ demands. Developing a workforce that will be prepared to meet companies’ increasingly complex cybersecurity needs means companies—and educators—will need to build a bigger, more inclusive talent pipeline for people interested in the practice.

Summer Fowler

Summer Fowler

When I spoke with cybersecurity expert Summer C. Fowler for the cover story of the May/June 2017 issue of NACD Directorship magazine, I asked about her work at Carnegie Mellon University to recruit diverse candidates to the programs she leads at the CERT Division of the Software Engineering Institute. One look at her Twitter profile illustrates that she’s a passionate supporter of the Cyburgh, PA Initiative, a program developed in partnership between Carnegie Mellon and the Pittsburgh Technology Council to advance the city’s status as a leader in cybersecurity technology. The initiative could not be successful without being inclusive.

“The issue of building a talent pipeline is such a challenge because of what we’re offering by way of schooling,” Fowler said about the role of university-level education in developing the cybersecurity talent pipeline. She then drew a parallel between the education and training of doctors in the 1970s to the challenges the cybersecurity sector has with finding diverse candidates. “When you look back to the early 1970s, the medical field was exactly the same. Only about 11 percent of doctors were women. There also were not many minority doctors in this country. We’re investigating what changes in the medical community were made to bring in more women and underrepresented minorities, so that we can do the exact same thing with computer science and engineering fields.”

Fowler pointed out that there needs to be further delineation of roles in the cybersecurity industry to clarify the hierarchy of talent desired. “When we talk about cybersecurity, we all think about a Ph.D. from Carnegie Mellon or from Stanford,” Fowler said. “We need to get better at differentiating the roles and what training requirements are. When we get there, I think that striation of roles will naturally open a pipeline to more people who are interested in the field because it would be seen as this daunting job that requires a Ph.D.”

Still another challenge exists: getting diverse talent interested in the topic to begin with. I shared with Fowler an anecdote from my own high school experience. My path diverged from that of a male friend who was interested in white-hat hacking, which is the technology industry term for the benevolent hacking of systems to detect vulnerabilities. While I was curious about the world of professionals who were defending against cyberattacks, I had no outlet for learning about programming at the time. No one at my public high school in inner-city Memphis was engaging young women in learning about computer science in 2004, and my friend had family who supported and encouraged his interest.

Fast forward nearly 13 years later, and my friend is a practicing white-hat hacker for a Fortune 500 company. I, on the other hand, earned my bachelor’s degree in creative writing, and have since revived my interest in the topic and write about it from a governance perspective. Could I have been working at the same company with the helpful nudges of invested educators, or with after school programs for young women like Girls Who Code that are sponsored by interested corporations? Fowler seems to think the answer is “yes.”

She suggests that the solution now will not be to bring girls and young women to technology, but to bring discussions of technology to them within contexts that interest them. “Instead of saying to girls, ‘You need to belong to the computer science club,’ talk to them about what computer science might mean to ballet, or to whatever program they’re involved in.” She suggested discussing breaches to the entertainment industry with young people interested in acting or movies, for instance, as a way to pique their interest in a field they might not have considered before.

Ultimately, one of the greatest challenges to building the cybersecurity pipeline will involve developing aptitude tests, then encouraging promising young people to pursue a career down that pipeline. “It’s also a matter of figuring out what the specific competencies are. We’ve done a really good job for lots of different types of jobs at being able to say, ‘Let’s perform an assessment to see what your skills are and what you’d like to be doing.’ That process enables us to say, ‘Wow, you would make a great attorney, or you would make a really good financial analyst.’ We don’t have that in the realm of cybersecurity.

Building out more roles in cybersecurity and advocating for the inclusion of the role into other career aptitude tests would help young people—and perhaps even more women—to get excited to join the ranks of cyberkinghts in the future.


Katie Swafford is assistant editor of NACD Directorship magazine and also serves as editor of NACD’s Board Leaders’ Blog.

Click here to learn more about NACD’s online cyber-risk oversight program for directors.

Lessons From the War Over the Target Data Breach

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Craig Newman

Craig Newman

The dust settled recently on another chapter of the Target Corp. data breach litigation. Although the five shareholder derivative lawsuits filed against Target’s officers and directors have been dismissed, they underscore the critical oversight function played by corporate directors when it comes to keeping an organization’s cyber defenses up to par. While the ink isn’t quite dry on the court papers, it’s time to start reflecting on the lessons of the skirmish.

In the midst of the 2013 holiday shopping season, news leaked that hackers had installed malware on Target’s credit card payment system and lifted the credit card information of more than 70 million shoppers. That’s almost 30 percent of the adult population in the U.S.

Predictably, litigation was filed, regulatory and congressional investigations commenced, and heads rolled. Banks, shareholders, and customers all filed lawsuits against the company. Target’s CEO was shown the door.

And Target’s directors and officers were caught in the crossfire. In a series of derivative lawsuits, shareholders claimed that the retailer’s board and C-suite violated their fiduciary duties by not providing proper oversight for the company’s information security program, not making prompt and accurate public disclosures about the breach, and ignoring red flags that Target’s IT systems were vulnerable to attack.

The four derivative cases filed in federal court were consolidated (one derivative lawsuit remained in state court) and Target’s board formed a Special Litigation Committee (SLC) to investigate the shareholders’ accusations. The SLC was vested with “complete power and authority” to investigate and make all decisions concerning the derivative lawsuits, including what action, if any, would be “in Target’s best interests.” Target did not appoint sitting independent directors but retained two independent experts with no ties to the company—a retired judge and a law professor. The SLC conducted a 21-month investigation with the help of independent counsel, interviewing 68 witnesses, reviewing several hundred thousand documents, and retaining the assistance of independent forensics and governance experts.

On March 30, 2016, the SLC issued a 91-page report, concluding that it would not be in Target’s best interest to pursue claims against the officers and directors and that it would seek the dismissal of all derivative suits.

Minnesota law, where Target is headquartered, provides broad deference to an SLC. Neither judges nor plaintiffs’ are permitted to second-guess the SLC members’ conclusions so long as the committee’s members are independent and the SLC’s investigative process is ‘adequate, appropriate and pursued in good faith.” By these standards, U.S. District Judge Paul A. Magnuson recently dismissed the derivative cases with the “non-objection” of the shareholders, subject to their lawyers’ right to petition the court for legal fees.

Target isn’t the only data-breach-related derivative case filed by shareholders against corporate officers and directors. Wyndham Worldwide Corp.’s leadership faced derivative claims relating to three separate data breaches at the company’s resort properties. After protracted litigation, the derivative claims were dismissed in October 2014, in large measure because Wyndham board’s was fully engaged on data security issues and was already at work bolstering the company’s cybersecurity defenses when the derivative suit was filed. A data-breach-related derivative action was also filed against the directors and officers of Home Depot, which remains pending.

Despite the differences between the Target and Wyndham derivative suits, both cases contain important lessons for corporate executives and sitting board members.

  1. Treat data security as more than “just an IT issue.” Boards must be engaged on data security issues and have the ability to ask the right questions and assess the answers. Board members don’t know what they can’t see. Developing expertise in data security isn’t the objective; rather, it’s for directors to exercise their oversight function. Board members can get cybersecurity training and engage outside technical and legal advisors to assist them in protecting their organizations from data breaches.
  2. Evaluate board information flow on cybersecurity issues. How are board members kept up-to-date on data security issues? Are regular briefings held with the chief information officer (CIO) to discuss cybersecurity safeguards, internal controls, and budgets? Boards might also consider appointing special committees and special legal counsel charged with data security oversight.
  3. Prepare for cyberattacks in advance. Boards should ask tough questions about their organization’s state of preparedness to respond to all aspects of a cyber-attack, from reputational risk to regulatory implications. Get your house in order now, and not during or after an attack. Not surprisingly, multiple studies—including the Ponemon Institute’s 2016 Cost of Data Breach Study—suggest that there is a correlation between an organization’s up-front spending on cybersecurity preparation and the ultimate downstream costs of responding to a breach.
  4. Decide whether and when to investigate data breaches. Before hackers strike, boards must decide whether and when to proactively investigate the breach, wait to see if lawsuits are filed, or wait to see if regulators take notice. Regardless, boards should be prepared to make this difficult decision, which will establish the tone of the company’s relationship with customers, shareholders, law enforcement, regulators, and the press.
  5. Develop a flexible cyber-risk management framework. Cyber-risk oversight isn’t a one-time endeavor, nor is there a one-size-fits-all solution. The threat environment is constantly changing and depends, in part, on a company’s sector, profile, and type of information collected and stored. While cyber-criminals swiped credit card data in the Target and Wyndham cases, the threat environment has escalated to holding organizations hostage for ransomware payments and stealing industrial secrets.

Cybercrime is scary and unpredictable. It poses risks to a company’s brand, reputation, and bottom line.  Board members are on the hot seat, vested with the opportunity and responsibility to oversee cybersecurity and protect the company they serve.

Craig A. Newman is a litigation partner in Patterson Belknap Webb & Tyler LLP and chair of the firm’s Privacy and Data Security practice. He represents public and private companies, professional service firms, nonprofits institutions and their boards in litigation, governance and data security matters. Mr. Newman, a former journalist, has served as general counsel of both a media and technology consortium and private equity firm.