As reported in the Hunton Nickel Report:

Recent press reports indicate that a cyber attack disabled the third-party platform used by oil and gas pipeline company Energy Transfer Partners to exchange documents with other customers. Effects from the attack were largely confined because no other systems were impacted, including, most notably, industrial controls for critical infrastructure. However, the attack comes on the heels of an FBI and Department of Homeland Security (“DHS”) alert warning of Russian attempts to use tactics including spearphishing, watering hole attacks, and credential gathering to target industrial control systems throughout critical infrastructure, as well as an indictment against Iranian nationals who used similar tactics to attack private, education, and government institutions, including the Federal Energy Regulatory Commission (“FERC”). These incidents raise questions about cybersecurity across the U.S. pipeline network. Continue Reading Attacks Targeting Oil and Gas Sector Renew Questions About Cybersecurity

The Federal Trade Commission has modified its 2017 settlement with Uber Technologies, Inc. (“Uber”) after learning of an additional breach that was not taken into consideration during its earlier negotiations with the company. The modifications are based on the fact that Uber failed to notify the FTC of a November 2016 breach, which took place during the time that the FTC was investigating an earlier, 2014 breach. The 2016 breach occurred when intruders used an access key that an Uber engineer had posted on GitHub to download more than 47 million user names, including related email addresses or phone numbers, as well as more than 600,000 drivers’ names and license numbers. The FTC alleged that after Uber learned of the breach, it paid the intruders a $100,000 ransom through its “bug bounty” program. The bug bounty program is intended to reward responsible disclosure of security vulnerabilities. Continue Reading FTC Revises Its Security Settlement with Uber

The U.S. Department of Justice (the “DOJ”) has unsealed an indictment accusing nine Iranian nationals of engaging in a “massive and brazen cyber assault” against at least 176 universities, 47 private companies and 7 government agencies and non-governmental organizations, including the Federal Energy Regulatory Commission (“FERC”). According to the DOJ, the nationals worked for Mabna Institute, an Iranian-based company, as “hackers for hire,” stealing login credentials and other sensitive information to sell within Iran and for the benefit of the Iranian government. Continue Reading DOJ Accuses Iranian Nationals of “Brazen Cyber Assault” on Universities and Government Agencies

On March 20, 2018, the Financial Stability Board (“FSB”) delivered a note to finance ministers and central bank governors from the world’s top 20 economic powers, known as the G-20. The note provides a progress update on the FSB’s work to develop a common vocabulary of cyber terms.  Continue Reading Financial Stability Board to Develop International Cybersecurity Lexicon

On March 14, 2018, the Department of Justice and the Securities and Exchange Commission (“SEC”) announced insider trading charges against a former chief information officer (“CIO”) of a business unit of Equifax, Inc. According to prosecutors, the CIO exercised options and sold his shares after he learned of a cybersecurity breach and before that breach was publicly announced. Equifax has indicated that approximately 147.9 million consumers had personal information that was compromised. Continue Reading Insider Trading Charges Brought Against CIO for Post-Breach Trading

On March 7, 2018, Hunton & Williams LLP hosted a webinar with partners Lisa Sotto, Aaron Simpson and Scott Kimpel, and senior associate Brittany Bacon on the Securities and Exchange Commission’s (“SEC’s”) recently released cybersecurity guidance. For the first time since its last major staff pronouncement on cybersecurity in 2011, the SEC has released new interpretive guidance for public companies that will change the way issuers approach cybersecurity risk. Continue Reading Webinar Recording Available on SEC Cybersecurity Guidance

Hunton & Williams LLP is honored to be nominated for Advisen’s 2018 Cyber Risk Awards in the category of Cyber Law Firm of the Year. Advisen is an industry leader in insurance consulting, and regularly hosts conferences offering insights and innovation on cyber risk. The winners are determined by online ballot and the awards will be presented in New York City on June 6, 2018.

Please show your support by voting for Hunton & Williams as 2018 Cyber Law Firm of the Year. Voting ends Friday, April 20, and is limited to one per person, so please vote now!

On February 22, 2018, the Federal Trade Commission (“FTC”) published a blog post that provides tips on how consumers can use Virtual Private Network (“VPN”) apps to protect their information while in transit over public networks. The FTC notes that some consumers are finding VPN apps helpful in protecting their mobile device traffic over Wi-Fi networks at coffee shops, airports and other locations. Through a VPN app, a user can browse websites and use apps on their mobile devices, still shielding the traffic from prying eyes as it transmits via public networks.

Continue Reading FTC Issues Tips on VPN Apps

On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) published long-awaited cybersecurity interpretive guidance (the “Guidance”). The Guidance marks the first time that the five SEC commissioners, as opposed to agency staff, have provided guidance to U.S. public companies with regard to their cybersecurity disclosure and compliance obligations.

Continue Reading SEC Publishes New Guidance on Public Company Cybersecurity Disclosures

On February 12, 2018, in a settled enforcement action, the U.S. Commodity Futures Trading Commission (“CFTC”) charged a registered futures commission merchant (“FCM”) with violations of CFTC regulations relating to an ongoing data breach. Specifically, the FCM failed to diligently supervise an information technology provider’s (“IT vendor’s”) implementation of certain provisions in the FCM’s written information systems security program. Though not unprecedented, this case represents a rare CFTC enforcement action premised on a cybersecurity failure at a CFTC-registered entity. Continue Reading CFTC Brings Cybersecurity Enforcement Action