5 Key Things In-House Counsel Can Do to Help Their Businesses’ Cybersecurity

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Cybersecurity is a team sport and many people within a business must work together to help effectively manage their businesses’ cyber risk. In-house counsel plays a critical role in this process. A recent Law360 article (subscription required) identified the following key things they can do:

  1. Develop, implement, and table-top test an incident response plan
  2. Advise executives on their ethical obligations (and make sure to mention insider trading on knowledge of cyber incidents)
  3. Have an awareness of applicable laws and regulatory standards
  4. Understand and help manage third-party risk from vendors and business partners

I am adding one more because it is critical: Ensure the business has appropriate cyber insurance to address its unique risks.

Beware: a new scam using key elements of phishing and shame hacking

Cybercriminals are using yet another new twist on the old email phishing attack: they email people claiming to have infected porn sites with malware that allowed them to take over the recipient’s webcam and record them sitting at their computer watching porn and if they don’t pay up, the video is going public. I discuss this new method of attack in the video above.

For people who know they have never watched porn on their computers, this probably isn’t too effective. For everyone else, this threat of public shaming can be a powerful motivation to comply with the extortion demand.

This is another example of what I have often described as shame hacking, the use, or threatened use, of purportedly hacked data for embarrassing or extorting people by threatening to expose such compromising data if they do not comply with the demands made of them.

Shame hacking is one more way that cyber criminals have learned to monetize the fruits of their criminal actions and represents an increasing trend for how hacked information can and will be used for many ways. I have blogged about other cases where hackers have relied on shame hacking for profit.

Dallas / Fort Worth CBS News station in Dallas / Fort Worth did a story about this latest attack and invited Shawn Tuma on to explain more about it. See story here

Why do you need a cyber attorney? Shawn Tuma explains in Ethical Boardroom

spring2018In my latest article in Ethical Boardroom article, I explain some of the not-so-obvious reasons why you need an experienced cyber attorney on your team: Why you need a cyber attorney (Spring 2018)

Here are other Ethical Boardroom (@EthicalBoard) articles that I have written or contributed to that are also available for free:

Cyber Risk Management and Attorney-Client Privilege in Cybersecurity Discussed on Business Security Weekly

Business Security Weekly, Episode 81, featured Michael Santarcangelo (@catalyst) inviting Shawn Tuma to join as co-host and guest to discuss two topics that should be near and dear to everyone’s hearts:

  1. The legal case for why companies need cyber risk management programs and what experienced cybersecurity attorneys’ roles are in such programs; and
  2. The frequently cited but often misunderstood role of attorney-client privilege in cybersecurity.

Here are the show notes and here is the video:

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Shawn Tuma (@shawnetuma) is an attorney with an internationally recognized reputation in cybersecurity, computer fraud, and data privacy law. He is a Cybersecurity & Data Privacy Attorney at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes throughout the United States and, through its Mackrell International network, around the world.

Data is the hot potato!

During a presentation yesterday, I was trying to make a point about the liability that comes with data and, therefore, the need for us to never forget that in cybersecurity our ultimate goal is protecting systems and data. I used the little line at the end of this quote:

Data equals risk. It is toxic because of the potential liability that goes with it. Data is the hot potato.

Despite how corny it sounds, I had several people approach me later to tell me how much “data is the hot potato” stuck with them (and, it could be because I had them join me in chanting it!). So, why not share it with you? Now join me in chanting,

Data is the hot potato!

Data is the hot potato!

Data is the hot potato!

Data is the hot potato!

Data is the hot potato!

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Shawn Tuma (@shawnetuma) is an attorney with an internationally recognized reputation in cybersecurity, computer fraud, and data privacy law. He is a Cybersecurity & Data Privacy Attorney at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes throughout the United States and, through its Mackrell International network, around the world.