steven d. grimberg united states attorney’s office northern district of georgia data security...
TRANSCRIPT
Steven D. GrimbergUnited States Attorney’s Office
Northern District of Georgia
DATA SECURITY BREACHES
Age / Skill Level
Mot
ivat
ion
Ego“Hack”tivism
Money
Trade secrets
Intellectual capital
Military/Governmentsecrets
Terrorism
Hacktivists
Criminals
Nation-State
Terrorists
Cyber Criminals & Motivation
How They Do It
Internet Phishing
Social Engineering
Exploiting Social Networking
Insiders
Old Fashioned Stealing
Sophisticated Malware
• Federal Agents Coordinate with Prosecutors
• Focus On Electronic Evidence• Secure Computers/Hardware• Request to Search by Consent• Electronic Search Warrants• Determine suspect IP address
• Traditional Investigative Steps • Search Warrant / Surveillance• Undercover / Confidential informant• Banking/Transaction Records• Confession
• Federal Agents Coordinate with Prosecutors
• Focus On Electronic Evidence• Secure Computers/Hardware• Request to Search by Consent• Electronic Search Warrants• Determine suspect IP address
• Traditional Investigative Steps • Search Warrant / Surveillance• Undercover / Confidential informant• Banking/Transaction Records• Confession
THE CRIMINAL INVESTIGATION
• Must navigate HIPAA and state privacy/data breach notification laws.
• Most data breach laws have law enforcement exceptions.
• HIPAA (45 C.F.R. § 164.412) – if notice would “impede a criminal investigation or cause damage to national security.”– Obtain written statement from law enforcement
specifying delay required.– Document oral request and delay up to 30 days.
• Must navigate HIPAA and state privacy/data breach notification laws.
• Most data breach laws have law enforcement exceptions.
• HIPAA (45 C.F.R. § 164.412) – if notice would “impede a criminal investigation or cause damage to national security.”– Obtain written statement from law enforcement
specifying delay required.– Document oral request and delay up to 30 days.
DATA BREACH NOTIFICATION
• Minimize disruption to normal business operations
• Address issues re: theft of intellectual property
• Navigate HIPAA and state privacy/data breach notification laws
• Assess monetary loss and restitution issues
• Minimize disruption to normal business operations
• Address issues re: theft of intellectual property
• Navigate HIPAA and state privacy/data breach notification laws
• Assess monetary loss and restitution issues
Working With The Victim
• Disclosure to law enforcement is treated with discretion.
BUT…
• …Prosecutions are public forums.
• Disclosure to law enforcement is treated with discretion.
BUT…
• …Prosecutions are public forums.
DISCLOSURE BEWARE
Steve Grimberg
U.S. Attorney’s Office, ND GA
404-581-6367
Steve Grimberg
U.S. Attorney’s Office, ND GA
404-581-6367
LET’S TALK