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The enclosed DoJ memorandum should be read with care and attention. It sets out the DoJs evidential based rational for the sentencing of the Uber CSO in 2022 following the 2016 hack. A case that set precedence for cybersecurity breaches and the role of the Chief Security Officer, or CISO, in managing cybersecurity risk and incident response. Anyone who has been a CISO will testify that it is not an easy job, for many reasons. This is also not about taking shots at the CSO in this case, the memorandum is well articulated,
‘As this Court knows from the trial evidence, this case is not about the undisputed merits of bug bounty programs. It is not about difficult decisions made every day by cybersecurity professionals around the world. And it is not about a good-faith error made in the midst of a stressful security incident.’
For some the sentencing will come as a shock, for those of us that have worked as a CISO in highly regulated environment, not so. Regulators and regulations exist for a reason, you don’t make the rules you just stay within them and work to the highest professional standard, letting the cost of compliance will be tested elsewhere.
But it does set precedence and U.S and EU regulators are moving ahead with a significant suit of cyber regulations. Regulations that are being applied to boards and in tern security professionals, to demonstrate that they understand, manage, oversight and assure cybersecurity risk. Therefore Boards and cyber professionals need to understand that the decisions they make over cybersecurity risk management could be tested years later in court.
Where once these conversations were a FUD debate, this is no longer the case. As the Uber CSO can unfortunately attest, having gone through what can only be described as a living hell for the past 6 years. By this I do not mean to demeanor the offense, or the action that the DoJ has fought.
Ted Dziekanowski Stephen Pitt-Walker, JD, FGIARachel V. Rose, JD, MBA
#cybersecurity #cyberriskmanagement #cyberregulation #cyberlaw #governance
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