Incident Response Planning - Lifecycle of Responding to a Ransomware Attack

1. Spencer Fane LLP | spencerfane.com 1 Incident Response Planning Shawn E. Tuma Co-Chair, Data Privacy & Cybersecurity Practice Spencer Fane LLP Lifecycle of Responding to a Ransomware Attack Technology and the Law November 21, 2020 Columbia University Executive Master of Technology Management

2. Spencer Fane LLP | spencerfane.com 2 Bricker Beverages – the dreaded call You are CIO of Bricker Beverages. It’s Friday night at 8:00 PM. You get a panicked call from one of your team leads, who has been receiving alerts that a large number of files are being corrupted. What do you do?

3. Spencer Fane LLP | spencerfane.com 3 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA

4. Spencer Fane LLP | spencerfane.com 4 The dreaded diagnosis Your team’s investigation discloses alien file extensions that belong to a form of zero-day ransomware, so that publicly available encryption keys won’t decrypt the data. Folks in your distribution network are calling – they can’t access the portals for placing orders. What do you do?

5. Spencer Fane LLP | spencerfane.com 5 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach

6. Spencer Fane LLP | spencerfane.com 6 The demand for payment Your CFO receives an email explaining the ransom demand (which is in the amount of 2/3 of your insurance coverage and the size of one quarter’s revenues. The CFO is promised that upon receipt of payment, the decryption keys can be access via links provided in the email. Law enforcement is not familiar with the reputation of the Threat Actor. What do you do?

7. Spencer Fane LLP | spencerfane.com 7 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification

8. Spencer Fane LLP | spencerfane.com 8 The payment The insurer has approved payment of the negotiated ransom. The Threat Actor has demanded Bitcoin and your negotiator advises that the Threat Actor does not appear on the sanctions list. The negotiator arranges payment. What do you need to anticipate? What do you need to do?

9. Spencer Fane LLP | spencerfane.com 9 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor

10. Spencer Fane LLP | spencerfane.com 10 The aftermath Bricker Beverages Facebook account is active. The Threat Actor has posted an announcement that Bricker Beverages was ransomed and that its data is in the possession of the Threat Actor. Sophia and Diana Bricker are getting calls from the media. Consumers are contacting Bricker via Facebook messenger, Instagram, and Bricker’s website, asking if their information has been leaked. Some demand that their data be deleted. Negative tweets are appearing on Twitter. What do you need to do?

11. Spencer Fane LLP | spencerfane.com 11 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics

12. Spencer Fane LLP | spencerfane.com 12 The breach The forensics team confirms that data has been exfiltrated. It has not been published by the Threat Actor. What do you need to do?

13. Spencer Fane LLP | spencerfane.com 13 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics < 2 – 4+ Weeks Restoration of Operations After Action Review Implement Additional Security Complete Forensics & Obtain Report Determine Incident or Breach Notifications & Reporting if Breach

14. Spencer Fane LLP | spencerfane.com 14 Can you relax? Bricker’s network files have been decrypted and restored. Its systems are operational again. What do you need to anticipate? What do you need to do?

15. Spencer Fane LLP | spencerfane.com 15 Ransomware Timeline Hour 1 Initial Discovery Basic Intel Activate IR Plan & IR Team Triage Security + Backups Do Not Wipe Drives Start Preserving Evidence Do Not Communicate with TA < 12 Hours Notify Insurance Carrier Engage Security Experts Engage Data Recovery Experts Report to Law Enforcement Notify Employees Notify Key Business Partners Begin Data Recovery + Restoration Confirm Not Obvious “Breach” 12 – 72+ Hours Implement Interim Security Negotiate with Threat Actor OFAC Clearance Carrier Approval for Payment Begin Forensics Plan for PR and Potential Notification +8 Hours Confirm Proof of Life Payment Transaction Obtain Decryptor Test Decryptor +12 – 72+ Hours Begin Data Decryption Process Follow-up with TA if Problems Obtain Interim Signals from Forensics < 2 – 4+ Weeks Restoration of Operations After Action Review Implement Additional Security Complete Forensics & Obtain Report Determine Incident or Breach Notifications & Reporting if Breach 1 – 48 + Months Individual Notification Escalations Business Partner Escalations Regulatory Investigations Litigation

16. Spencer Fane LLP | spencerfane.com 16 Initial Discovery Basic Intel + Activate IR Plan & Team Triage Security + Backups Security Experts Data Recovery + Restoration Forensic Examination Incident or Breach? After Action Review Most Common Causes Ransomware Lifecycle

17. Spencer Fane LLP | spencerfane.com 17 Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report

18. Spencer Fane LLP | spencerfane.com 18 DOWNLOAD: https://www.spencerfane.com/wp- content/uploads/2019/01/Cyber- Incident-Response-Checklist.pdf

19. Spencer Fane LLP | spencerfane.com 19 Most Common Causes & Solutions • This is random – scanning web for Internet facing RDP access • Virtual Private Network (VPN) with Multifactor Authentication (MFA)RDP Access • Email phishing tool • Workforce training and simulated phishingPhishing • Install patches timely • No unsupported software Unpatched / Outdated Software • Multifactor Authentication (MFA) • Longer passphrasesPasswords • 3-2-1 Backup Process • Something comparable – you may end up with only your offline backup Backups, Backups, Backups!

20. Spencer Fane LLP | spencerfane.com 20 Most Common Causes Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report

21. Spencer Fane LLP | spencerfane.com 21 Average Ransomware Payments Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report

22. Spencer Fane LLP | spencerfane.com 22 Company Size Distribution Source: https://www.coveware.com/blog/q3-2020-ransomware-marketplace-report

23. Spencer Fane LLP | spencerfane.com 23 Incident Response Considerations from a Breach Coach As we sit here today: 1. Have you collectively brainstormed to think about your greatest cyber risks? 2. Do you have an Incident Response Plan (IRP)? 3. Do you know when to activate the IRP? 4. Does each member of the Security Incident Response Team (SIRT) understand his or her role and responsibility under the IRP? 5. Do you have redundancies for those roles and responsibilities? 6. Do you know who is the “head coach” and, what if that person is unavailable? 7. Do you know what external parties are needed under the IRP? 8. Do you have easy access to all internal and external parties’ contact information, with redundancies, including personal cell numbers? 9. Do you have relationships already established with those third parties? 10. Do you have those third parties pre-approved under your cyber insurance policy? 11. Do you have your insurance policy, policy number, and claims contact information handy? 12. How will you access all of this information if your network is down? 13. Have you practiced a mock scenario to test your preparedness? What about if your “head coach” is unavailable? 14. Have you performed After Action Reviews (AAR) and revised your IRP for lessons learned?

24. Spencer Fane LLP | spencerfane.com 24 Shawn Tuma Co-Chair, Cybersecurity & Data Privacy Spencer Fane LLP 972.324.0317 stuma@spencerfane.com • 20+ Years of Cyber Law Experience • Practitioner Editor, Bloomberg BNA – Texas Cybersecurity & Data Privacy Law • Council Member, Southern Methodist University Cybersecurity Advisory • Board of Advisors, North Texas Cyber Forensics Lab • Policy Council, National Technology Security Coalition • Board of Advisors, Cyber Future Foundation • Cybersecurity & Data Privacy Law Trailblazers, National Law Journal (2016) • SuperLawyers Top 100 Lawyers in Dallas (2016) • SuperLawyers 2015-20 • Best Lawyers in Dallas 2014-20, D Magazine • Chair-Elect, Computer & Technology Section, State Bar of Texas • Privacy and Data Security Committee of the State Bar of Texas • College of the State Bar of Texas • Board of Directors, Collin County Bench Bar Conference • Past Chair, Civil Litigation & Appellate Section, Collin County Bar Association • Information Security Committee of the Section on Science & Technology Committee of the American Bar Association • North Texas Crime Commission, Cybercrime Committee & Infragard (FBI) • International Association of Privacy Professionals (IAPP)

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