SEC Charges SolarWinds and CISO with Fraud, Internal Control Failures
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If I recall correctly, at Apple, the CISO role was some guy reporting to the corp IT org, entirely separate from core products and services. And we're talking about one of the most valuable and sophisticated tech companies in the world.
Amazon had an even wackier model, with separate "CISOs" for different orgs, the term meaning not much more than "a senior manager that we can put in touch with clients if needs be." Google now has a "cloud CISO" who is a nice techie guy and talks to customers, but is not actually the person in charge of the overall Google security org.
I get it that the SEC wants to change this culture and have a designated person meaningfully responsible for infosec risk, but it feels that it's a case of stick before the carrot. They have the power to reinterpret their own rules to elevate CISOs before they start cracking down on them with personal liability lawsuits.
And I'm betting that just like in the case of Uber, the CISO will end up in trouble, while all the execs will get to claim ignorance and walk free.
If your claim is that all of security at Apple somehow reports up through IS&T, I have some reason to believe that is not the case.
Paper security like this is often a minimum bar, and sometimes even below minimum when the audit checklists lag best practices like "password rules" requirements did for so long.
I agree that if the CISO is liable, they should also actually be responsible, but making the CISO responsible won't by itself fix the industry's security issues.
What feels particularly weird here is that SolarWinds wasn't compromised by a Bulgarian cybercrime gang. They were compromised by a nation state. While the SEC is notionally focusing on other stuff, this is ultimately the company's original sin. How many businesses, no matter how strong their security posture, can really say that they're immune to that?
Still a pretty tall order, but a few steps down from impossible.
There's always going to be a curve and if anyone on the front side of the bell curve is below the threshold for "worth the effort" then this seems like a useless goal. I agree with other posters that this is more about transparency.
They want companies to be more transparent and honest with shareholders about their current security gaps and for them to report hacks in a timely manner. It's fine to be insecure but honest, what is never fine is lying to investors.
Bad investments are fine, bad investments pretending to be good ones aren't.
First, contrary to your assertion, there is no doubt that they're in trouble because of getting hacked by a nation state (and dutifully disclosed it). This wasn't some routine audit, wasn't a whistleblower complaint. The only reason the SEC went after them is that they had the misfortune of falling prey to an attack that few other businesses could conceivably repel. So, I'm not sure that's sending a great message.
Second, the complaint isn't showing that the company brazenly and deliberately deceived investors. It's not that the SEC peeked under the hood, immediately realized this is messed up, and had to act. No, they spend months poring over every email - and all they came up with is not exactly a smoking gun. The whole complaint is basically "the company only made generic investor disclosures, but we found instances where specific employees pointed out more specific deficiencies."
Ignoring the one-sided narrative of the complaint, the actual quotes they have don't paint the picture of a deliberate conspiracy. They paint the picture of normal day-to-day communications where people sometimes say dumb things, blow things out of proportion to try to get resources, etc.
And while the password example could have been a one-off, everything I've read about Solarwinds says they had a horrendously bad security culture. Bad security cultures are essentially unfixable without a top-down, CEO-driven initiative that places real carrots and sticks for individuals' security posture. Even then, 95% of these initiatives are bullshit, because they boil down to "Security is our top priority! Oh also if we miss our revenue targets a bunch of people are getting fired."
I think the CISO's actions were pretty bad, but I also think there are lots of other execs at Solarwinds who are quite happy he's now the sacrificial lamb.
This is similarly-sounding but completely separate from the "director" job level at a typical tech company, which is basically just a senior manager of a large team or maybe the lead of a mid-size department. Your average CISO is probably in this ballpark, commonly at least 2-3 reporting levels below real C-leadership.
With respect to SolarWinds, we need only defer to their proxy statement to discover who the real shotcalling directors[1] and executives[2] are.
[1] https://www.sec.gov/Archives/edgar/data/1739942/000173994223...
[2] https://www.sec.gov/Archives/edgar/data/1739942/000173994223...
They have that already, it’s the CEO - he is supposed to have ultimate responsibility which is why he (or she) gets obscene compensation. They should be incentivized to hire the best CISO he can find because he’s facing jail time if he doesn’t.
Instead he has 0 responsibility because literally everything is an underlings fault.
[1] https://open.spotify.com/episode/4fihCSOPKrIDXPB2azNgOc?si=3...
If he had sent an email to the CEO saying "we have a problem, we need to do something about this" and the CEO had overruled him, the CEO would be being sued directly.
It doesn't really matter what his role or how high up he was - he was found standing over the body holding the smoking gun.
I am saying this because reading the interview notes:
> BROWN: It was crazy. So our CEO got a call in the morning from [Mandiant CEO] Kevin Mandia. And then he called me, and then the CTO for FireEye called me. That’s our nightmare moment. [Oct. 26, 2021 Cybersecurity Dive]
Was the Mandiant CEO friends with Solarwinds CEO, to make the call to the CEO instead of the person that (presumably) signed their vendor contract, the CISO?
> SolarWinds did almost immediately was create a cyber-specific committee on your board
I read this as "there was no one, not even the CIO at the board."
If you are a CISO, and you are have to decide between your livelihood for the rest of your life guaranteed by a company, or your livelihood for the rest of your life taken by regulators, where do you go?
If the CISO says to the Corp "no, I am going public/won't lie/[insert insubordination]", no one will hire them thereafter.
If the CISO says "okay, let me sit and color", go to jail, and no one will hire them thereafter.
The Federal Chief Information Security Officer, through the OMB is Chris DeRusha.
In neither case do the customers at any company get the benefit of actual improved security.
The HR Chief of SolarWinds is the cousin of the CEO (Sudhakar Ramakrishna) of SolarWinds. Same was true at their previous company (Pulse Secure).
In many global cultures, this is completely normal-- and those are cultures which have high rates of endemic, prolific corruption, such as South Asia & Latin America.
I would like to see more insiders speak out & blow the whistle on corrupt trade practices under this CEO.
If any investigators or journalists would like more info, feel free to contact: anti.corruption.123@proton.me
"As they sow, so shall they reap."
"In human life seek justice, truth, temperance and courage, and you will profit from the supreme good that you have discovered." (Marcus Aurelius)
Putting the national spin on this issue is inappropriate and contrary to the guidelines of this site.
...No one is allowed to comment on it.. because... Fraudulent Activities should be Accepted, And Not condemned, And no one is allowed to discuss it? Just trying to understand your logic, truly in good faith.
... And other nations should just accept it eh? `Fraid not, ole chap.
...After all: Isn't that how they got there-- by silencing opposition to their activities?
______________
"Nepotism has been and remains one of the biggest curses of political development in South and Southeast Asia." [1]
"In the late 20th century, some Asian leaders including former Malaysian Prime Minister Mahathir bin Mohamad advocated "Asian-style capitalism," which meant a state- or family-led economy. But this system is showing signs of doing more harm than good to many Asian nations which have joined the ranks of middle-income countries." [2]
"When a leader gives his daughter a government contract, it’s nepotism. But it’s also cooperation at the level of the family, well explained by inclusive fitness, undermining cooperation at the level of the state. When a manager gives her friend a job, it’s cronyism. But it’s also cooperation at the level of friends, well explained by reciprocal altruism , undermining the meritocracy." [3]
... "It’s no surprise that family-oriented cultures like Mexico and Brazil are also high on corruption, particularly nepotism." [3]
[1] "The Curse of Nepotism". Blog Post by Joshua Kurlantzick. January 7, 2011. https://www.cfr.org/blog/curse-nepotism
[2] "Asia's emerging countries need to move away from nepotism, cronyism". Nikkei Asia - Business News. July 26, 2014
[3] "In Latin America as in the wider world, corruption is rooted in our relationships". London School of Economics and Political Science (Latin America and Caribbean Center). Michael Muthukrishna. October 23rd, 2017
[General Reference] "The Corruption Perceptions Index (CPI) is an index which ranks countries "by their perceived levels of public sector corruption, as determined by expert assessments and opinion surveys." https://en.wikipedia.org/wiki/Corruption_Perceptions_Index
Also, that which explains everything explains nothing.
Remember what old mate says to Ryan Gosling in the Barbie movie? “We’re just better at hiding it.”
O God, there's at least one company, I personally have experience with that not only is a nepotistic hellhole, but is actively defrauding the government and a few big names. The result of spoiled brats getting control of a very niche private hardware engineering company after their father died.
For comparison, Australia theoretically has protections for whistleblowers. But it's unfortunately common for whistleblowers in practice to get royally shafted, have their life destroyed, (etc). :(
* https://www.abc.net.au/news/2023-03-27/richard-boyle-case-go...
* https://www.abc.net.au/news/2023-04-13/trial-date-for-afghan...
It's not difficult to find tons of cases...
^* "Corruption continues to fester, aided by scandals surrounding the COVID-19 response, and is fueling popular outrage. In Peru, for instance, ministers received preferential treatment for vaccines, and in Argentina, government officials set up “VIP immunization clinics” for family and friends."
"Beyond these instances of favoritism and nepotism, the crisis has resulted in the further weakening of judicial independence and the rule of law. In Guatemala, President Alejandro Giammattei has presided over dramatic steps against judicial oversight in recent months, including the sacking of the country’s top anti-corruption prosecutor. These maneuvers—coupled with underperforming economies—have further dented public support for elected officials and trust in government."[1]
^* [1] https://www.atlanticcouncil.org/blogs/new-atlanticist/democr...
You could just be someone looking to blackmail companies with damaging insider info.
> why should anyone trust you
The statement clears opens the validation to a capable person, what’s your concern exactly
To me (!), that doesn't seem like a level headed person that should be entrusted with anything important. You may feel otherwise of course. ;)
when in actuality, they RECEIVE confidential info
you seem to be confused about how investigations work.
[0] https://investors.solarwinds.com/corporate-governance/board-...
[1] https://en.wikipedia.org/wiki/2020_United_States_federal_gov...
But as Matt Levine often reminds us - everything is securities fraud. If a bad thing happens and you did not warn investors about it beforehand, you can be sued for securities fraud by the SEC.
It’s almost like it’s illegal for investors to lose money, and the SEC enforces that requirement.
Investing is risky, bad things can happen, including execs that make mistakes (not talking about actual deception and fraud here) and investors should not be surprised when they sometimes lose money, or seek the strong arm of the government for relief.
> SolarWinds allegedly misled investors by disclosing only generic and hypothetical risks at a time when the company and Brown knew of specific deficiencies...
> SolarWinds’ public statements about its cybersecurity practices and risks were at odds with its internal assessments...
> SolarWinds and Brown engaged in a campaign to paint a false picture...
"As the complaint alleges, SolarWinds’ public statements about its cybersecurity practices and risks were at odds with its internal assessments, including a 2018 presentation prepared by a company engineer and shared internally, including with Brown, that SolarWinds’ remote access set-up was “not very secure” and that someone exploiting the vulnerability “can basically do whatever without us detecting it until it’s too late,” which could lead to “major reputation and financial loss” for SolarWinds. Similarly, as alleged in the SEC’s complaint, 2018 and 2019 presentations by Brown stated, respectively, that the “current state of security leaves us in a very vulnerable state for our critical assets” and that “[a]ccess and privilege to critical systems/data is inappropriate.”"
So I think if I'm reading that right, he knew things were “not very secure” and part of his role was to disclose that, and he didn't? I assume there's some rules in place that C level folks sign off on statements and he's the one to sign off on statements about security?It’s that they knew about it and didn’t disclose it.
When a company IPOs the SEC requires it to file a document that contains all known risks to the business and all possible factors that could negatively impact the company’s value over time. It sounds like they failed to include this specific known incident in their filings with the government.
https://www.bloomberg.com/opinion/articles/2019-06-26/everyt...
Now cybersecurity included.
Matt and these firms would like us to believe that we should just trust them, "it will be so much more convenient and cheaper for you to sue us this way - we want to make sure we look after you... now. And we, really, truly, honest-to-god, promise that we'll actually fund the liability-stricken new entity we create^".
^ Offer not valid in the United States.
The outcomes speak for themselves though. Companies projecting $50B in liabilities for decades of injury to thousands of people funneling them into a shell company, "pledging" to fully fund that company, throwing maybe $100-300M into them, and then shuttering the company without fulfilling that pledge. That's the common outcome to each Texas Two Step story.
But Matt and these companies and the firms (I mean firm, there's essentially one firm whose livelihood is this process) all patronizingly try to convince us that that outcome is somehow "better for plaintiffs and consumers", when the only one that seems to actually win is the corporation that successfully shed the boat anchor it put around its own neck.
> SolarWinds CISO Tim Brown has been named CISO of the Year by Globee Cybersecurity Awards for his work overseeing our Secure by Design initiative.
> "Through our Secure by Design initiative and our ongoing commitment to efficient information-sharing and public-private partnerships, ..."
This is like China and Saudi Arabia sitting on the UN human rights council.
Never heard of it, but it looks like a pay to play, with dozens of awards. Not impressed
If you aren’t paying to talk to analysts, sponsor events for their customers, etc… they aren’t going to pay attention to you or listen to what kind of products/services you provide. You do the same thing with customers, put them on bullshit advisory boards or whatever.
Boom! You are part of a wave or end up in one of the quadrants.
I read this is as we are sinking and we will take all of our customers down with us.
> SolarWinds and Brown defrauded investors by overstating SolarWinds' cybersecurity practices and understating or failing to disclose known risks.
In a nutshell, couldn't they say that in some way about any security software company?
> In February 2021, Microsoft President Brad Smith said that it was "the largest and most sophisticated attack the world has ever seen".
https://en.wikipedia.org/wiki/2020_United_States_federal_gov...
In Europe you are a normal employee with normal responsibilities and nobody sane would risk their future by going against the law. The IKEA CSO did that and was in jail.
I was asked twice to provide a statement for a US court (being European and living there). Just for the fun I asked or legal department to provide me with a full written explanation of the consequences, the risks and how much I would get paid to do something like that that is outside my contact. Everything stopped there and some poor fellow in the US did that instead.
I then asked why this isn't the legal dept that is issuing these statements in the name of the company. I got some complex explanation why they could not bear the risk.
Being a CISO means managing risks, including yours.
> SolarWinds allegedly misled investors by disclosing only generic and hypothetical risks at a time when the company and Brown knew of specific deficiencies in SolarWinds’ cybersecurity practices as well as the increasingly elevated risks the company faced at the same time.
Commensurating with the new risks for a CISO, a seat in the C-suite, E&O coverage, and nice parachute are the minimum CISOs should get.
Edit: I understand that in this case there were false statements made. That still does not remove the new risk for other CISOs to be dragged into quagmires they were not responsible for (see regulation discrepancies between various US, UK, or EU departments).
How about a "dissenting opinion" envelope where a CISO lodges his most critical objections to the company's most egregious security sins? This can be discoverable as evidence if there is ever an incident. This clearly establishes that the CISO performed his function and warned of the risk but was overruled by the CEO or the Board. "Yeah? We can't afford MFA? No problem. I'm just going to note my dissenting opinion just in case this comes back to bite us."
Or perhaps that their (rapidly shrinking) security team has been told to communicate via Signal so their messages can't be subpoenaed successfully.
https://www.bnnbloomberg.ca/kaseya-failed-to-address-securit...