Identify mission critical data and assets (characterized as the “Crown Jewels” by the DOJ) and implement tiered security measures to safeguard those assets.
Create an actionable response plan that provides specific, concrete procedures to follow in the event of a cyber incident and ensure that all personnel who have computer security responsibilities are properly trained.
Have procedures in place that will permit lawful network monitoring, which can be essential to detect and respond to a cyberattack.
Retain legal counsel who is familiar with legal issues that arise during cyber incidents.
Develop relationships with relevant law enforcement agencies, outside counsel, public relations firms, and investigative and cybersecurity firms that you may need to retain in the event of an incident.
During a Cyberattack
Make an initial assessment of the scope and nature of the incident, particularly whether it is a malicious attack (insider or outsider) and/or a technological malfunction.
Implement your written cyber incident response plan.
Collect and preserve data related to the incident, which should include: “imaging” the network; retaining all logs, notes and other records; and maintaining records of ongoing intrusions.
Notify all relevant parties, such as company personnel, law enforcement, and potential victims.
Avoid using compromised systems and do not “hack back” against the perpetrator.
Perform a post-incident review to identify any weakness in the development and/or execution of your incident response plan.
While it seems that everyone has cybersecurity advice these days, given the authority of the DOJ to prosecute organizations that fail to properly address a data breach, the agency’s guidance should not be overlooked. Overall, it provides a useful roadmap of the policies and procedures that it expects to see implemented at U.S. businesses.
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