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Cyber Insurance Purchasing Up, But Breaches Felt in Prices and Limits

NEW YORK—At yesterday’s Advisen Cyber Insights Conference, Zurich and Advisen released the fifth annual Advisen Cyber Survey of U.S. risk managers, finding a 9% acceleration in cyber liability insurance purchasing from 2014 to 2015. The firm has seen a 26% increase in the number of respondents who have coverage since the first survey in 2011.

Companies are taking cyberliability more seriously, Zurich reports, with the number of organizations developing data breach response plans up 10% from last year. What’s more, companies appear to be better recognizing the sheer amount of value at risk, with two-thirds of respondents saying they have either increased their policy limits or are considering doing so. While Zurich found that more organizations view information security as an organizational challenge rather than the purview of the IT department alone, and respondents said that boards and executive management are taking cyberrisk more seriously, those who have not yet obtained cyber coverage say it is because their superiors still do not see the need. There is also still a considerable difference in take-up rates among large corporations and small and mid-sized businesses, with Catherine Mulligan, senior vice president and national underwriting manager of specialty E&O, telling the audience there is an approximate 20-point spread between the groups.

“This year’s cyber survey shows that demand for coverage and higher limits has increased tremendously and we at Zurich have seen double digit growth year over year,” said Bryan Salvatore, president of specialty products for Zurich North America. “That is why we are heavily invested in identifying risks and delivering solutions and why we are committed to staying at the forefront of this issue.”

Marsh has also seen considerable growth in cyber liability insurance purchasing among its clients. According to the insurer’s new midyear cyber benchmarking report, the number of U.S.-based Marsh clients purchasing standalone cyber insurance increased 32% in the first half of 2015, up from 26% growth during this period in 2014. By sector, members of the education industry made up the biggest growth, with 155% more clients purchasing the coverage, followed by power and utilities with a 100% increase and manufacturing with a 76% increase. The healthcare sector remains Marsh’s largest buyer of cyber coverage, with 41% of all clients in this industry purchasing it by the end of the first half of 2015.

Cyber liability insurance growth rates

Sessions throughout the conference made clear that insurers—and the industry at large—are still struggling with what is also risk managers’ biggest challenge: data. Completely evaluating the true value at risk with cyber liability continues to elude both sides, although many new approaches and consultancy services are emerging. Further, the dearth of actuarial data not only compounds the challenges of the cyberrisk assessment process, but make it hard for the industry to set pricing and limits with confidence.

“It is hard for insurers to be prudent with cyber as risk managers often do not fully understand how to measure their exposure,” Mulligan said.

“Actuarial data is the Holy Grail of the cyberinsurance market: we’re all searching for it and it’s just not there,” said Bob Parisi, cyber product leader at Marsh, who moderated a session on the struggle to quantify and model cyberrisk.

In addition to the actuarial uncertainty, the considerable number of large losses over the past few years is continuing to push up the cost of cyber, forming what Willis executive vice president Peter Foster described as a “hot” market that will have to cool and solidify with time. Parisi chose to describe the market as “brittle” after absorbing several hundred million dollars in losses, and a range of insurers and brokers reported that premiums have increased dramatically as a result. The Marsh study found that price increases across industries averaged 19%, with 32% increases among retailers, the most frequently breached sector over the past few years.

cyber insurance limits purchased

While these breaches and better estimates of the real cost of cyber incidents have helped many companies realize they may be underinsuring for cyber liability, the move to correct this is getting more difficult. Insurers have said repeatedly that there is plenty of capacity in the cyberinsurance market and many buyers have increased the limits purchased, but higher limits of liability are increasingly hard to come by, and none really exist in excess of $100 million. Particularly for businesses that have yet to implement serious efforts to address information security, rate increases appear sure to continue, and simply buying more coverage will not only be unsustainable, but may not even be possible as insurers give more thought to the capacity they are willing to commit to these risks.

“There is just not enough capacity to extend $50 to $100 million limits to every account,” said Greg Vernaci, AIG’s head of cyber in the United States and Canada. “We are looking to reward those companies with a robust information security posture who go beyond and take a multifaceted approach to managing cyberrisk.”

Cost of Cyber Crime Up 19% For U.S. Businesses

In its annual Cost of Cyber Crime study, the Ponemon Institute found that the average annual cost of cyber crime per large company is now $15.4 million in the United States. That figure has increased 19% from last year’s .

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7 million, and presents an 82% jump from the institute’s first such study six years ago. This year, losses ranged from $307,800 to $65,047,302.

Globally, the average annual cost of cybercrime is $7.7 million, an increase of 1.9% from last year. The U.S. sample had the highest total average cost, while the Russian sample reported the lowest, with an average cost of $2.5 million. Germany, Japan, Australia, and Russia experienced a slight decrease in the cost of cyber crime over the past year.

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To try to benchmark the complete cost of cyber crime, the Ponemon Institute examines the total cost of responding to incidents, including detection, recovery, investigation and incident-response management. While it is virtually impossible to quantify all of the losses due to reputation damage or business interruption, the researchers did look at after-the-fact expenses intended to minimize the potential loss of business or customers.

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Check out more of the study’s findings in the infographic below:

global cost of cyber crime ponemon institute

Navigating Data Breach Regulatory Requirements

Data breach

Amidst the gridlock on Capitol Hill and in State Houses across the country on many policy priorities, there seems to be one issue related to corporate governance that brings both parties together. In response to a tidal wave of security incidents, both policymakers and regulators are passing and debating new rules regulating how companies must respond to a data breach.

Along with managing internal expectations from the rest of the C-suite and board on how a data breach needs to be handled, risk managers now face a continually shifting regulatory landscape. It is essential that risk managers are up to speed on the latest policy developments and understand how they will influence how a company responds to an incident. In a policy white paper released by Experian, we found the following to be some of the most significant trends changing the regulatory landscape.

State Laws and Regulator Expectations 

Today, when a data breach occurs, risk management professionals need to take into account 49 different laws and regulations across states, the District of Columbia and Puerto Rico. The nuances between each law require careful review, especially for businesses that operates in multiple locations.

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Further complicating matters, many states are actively making updates to their laws:

  • Oregon recently signed a law requiring that notification of a data breach be provided to the state attorney general if a company experiences a breach that affects more than 250 consumers.
  • Connecticut added a requirement that companies provide credit monitoring for at least 12 months to impacted parties, as well as provide notice of a breach within 90 days of the incident’s discovery.
  • Rhode Island now requires consumer notice no later than 45 days after breach discovery and expanded the definition of personal information to include email addresses combined with passwords.
  • Illinois is considering legislation that would move the definition of personal information to include marketing data.

State attorneys general are also increasingly scrutinizing how companies respond to a data breach, and are often vocal if they think a company is not taking the proper steps to protect affected constituents. In addition to conducting more official investigations, state attorneys general are leveraging the power of the press to make their point.

Congress Looking to Reach Consensus

The current complexity caused by evolving state laws could soon become a non-issue if Congress is able to pass a comprehensive federal data breach notification bill. Lawmakers have made passing a national federal data breach and data security standard a priority in the current Congressional session. One bill, the Data Security and Breach Notification Act of 2015, has already been passed by the House Energy and Commerce Committee and could make its way to a full vote. In the Senate, there are also a number of competing pieces of data breach legislation being debated that are fighting for support.

This is not the first time Congress has attempted to pass a comprehensive bill.

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Several bills were previously introduced and passed by House and Senate committees, but were unable to make it any further in the process due both to lack of support and not being high on the priority list. However, while reaching consensus may not come easy, there is pressure today on federal lawmakers to pass a bill, which is driving more action in the space.

Lending to the cause, President Obama is also a vocal advocate for a national uniform breach notification standard. He explicitly referenced the need for comprehensive legislation during his latest State of the Union Address, and gave a speech to the FTC in January 2015 that outlined his version of a draft data security bill – the Personal Data Notification and Protection Act. In addition to data breach law, recent high profile security incidents also led Obama to encourage Congress to pass legislation that regulates and supports voluntary sharing of cyber threat information between companies and the government. With attention and support from the executive branch on cyber security, it is much more likely we will see progress on the topic from Congress.

Staying Informed and Prepared

The reality is that data breaches pose a risk that will always need to be addressed, and until the U.S. passes comprehensive data breach notification legislation, the responsibility falls to risk managers and relevant colleagues to track policy changes. This is why it is important to enlist outside experts such as legal counsel familiar with the evolving regulatory landscape. Understanding the landscape is not enough, however. Companies must ensure that any new rules or regulatory agency expectations are accounted for and updated in data breach response plans. As a best practice, companies should review plans at least twice a year.

More information on data breach legislation and resources can be found at the Experian Data Breach Resolution website and the Experian Data Breach Resolution blog.

Understanding Cyberrisks From Insider Threats

insider threat cyber risk

As cyberrisks evolve, enterprises have begun to focus on the insider threat by adding specialized capabilities for behavioral analytics on top of endpoint and network monitoring. In order for these tools to be most successful, there must be a fundamental understanding of the role an insider plays in a breach. Not every employee-caused breach is malicious, but they certainly are numerous. In fact, according to Verizon’s most recent Data Breach Investigation Report, 90% of breaches have a human component, regardless of intent.

Insider threats are a rampant problem exemplified by several recent headline-making incidents: the indictment of six Chinese nationals on suspicion of stealing intellectual property worth millions from two U.S. technology firms; accusations from financial giant Morgan Stanley toward an employee believed to have stolen client information with the intent to sell it; and claims from wearable-maker Jawbone that its competitor Fitbit regularly courted its privileged employees, enticing several of them to switch companies and bring sensitive details on its products. The uncertainty around all of these cases begs a couple of important questions: how can intent be determined, and how can employee privacy be maintained while ensuring business security?

Malicious or Careless?

Many think of insider threats only in terms of deliberate attacks, but the risk includes damage caused by simple carelessness. It is important to note the differences between malicious and careless incidents to ensure you are taking the right steps to mitigate the threat to your organization.

“Malicious incident” means an employee or someone trusted with network access has acted deliberately, either of their own volition or under the influence of others. A rogue malicious employee usually breaches security policy intentionally for personal gain. This type of incident is illustrated by the Jawbone/Fitbit controversy, as well as the case of the accused Chinese nationals mentioned above.

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Three of those six individuals allegedly leveraged their positions at tech firms to steal research and technology they could replicate and profit from in China.

Conversely, the non-malicious insider threat often stems from employees’ inadvertent mistakes. There is no endgame, just a failure to follow security protocol. This can happen when employees breach policy intentionally but without malicious intent, not recognizing the risk. Sensitive data may be lost due to use of an unauthorized app (“shadow IT”) or manipulation through social engineering attacks, for example. This is easily the most common form of insider threat and can be seen in any case where employee credentials are stolen due to carelessness. To create a truly complete response plan to address insider threats, these incidents must be accounted for as well.

The Most Common Attack Vectors

Through our customer assessments, we have found that most threats stem from two common groups: employees who are planning on leaving the company, and privileged users who are targeted by outside actors.

We’ve come across employees attempting to steal sensitive information before leaving their employers a shocking number of times. In a large portion of investigations launched within three months of working with new customers, we’ve discovered employees attempting to leave with trade secrets that will help them down the road. In recent customer assessments, we found staff using hacking tools not required for their job—like Wireshark and Process Hacker —in two-thirds of cases, and we found staff actively bypassing company security measures 96% of the time.

But the bigger problem we have noticed is outsiders targeting privileged users in order to get into an organization’s networks. Attackers seek out privileged users in order to get quicker and deeper access to sensitive and strategically important information. It’s not as hard as you’d think; 75% of assessments found staff using pirated software, and 93% found sensitive information both in the cloud and on unencrypted USBs.

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These risky practices open the door for phishing schemes, watering-hole attacks, and a slew of other approaches aimed at gaining access to user credentials. A growing number of these highly targeted forms of attack are being perpetrated by sophisticated, well-managed criminal organizations.

Don’t Compromise Privacy

Knowing the varying possibilities, organizations are hard-pressed to guarantee awareness of suspicious or dangerous activities without impacting their employees’ rights to privacy. To address this, start by focusing monitoring on rich, context-heavy data that truly describes typical workforce activity—for example, baseline user behavior over a set period of time to identify uncharacteristic access to sensitive data, running new and unusual applications, or downloading files that an employee has never touched before.

But don’t forget the need to protect the privacy of your employees. Conversations with the legal and HR departments are critical to ensure your plan abides by the legal and ethical limits on gaining insight into user activity.

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Be sure the efforts to stamp out an insider threat don’t come at the expense of the rights of the rest of your workforce.

How Does This Affect the Enterprise?

Whether driven by a careless user, a disgruntled employee looking for quick monetary gain or state-backed espionage, insider threats can have a huge and devastating impact on an organization. Enterprises are beginning to realize they need to understand not only their networks and systems but also their employees and their activities. Historically, a majority of businesses ignored the issue. The most recent Vormetric Insider Threat Report shows 89% of organizations feel vulnerable to the risk of insider threats, but organizations taking a proactive approach still remain in the minority.

Your best bet is to adhere to the philosophy of “trust, but verify.” Rather than focus on locking down certain applications and limiting access to many or all users at the network perimeter, organizations must gain broad visibility into behavior across the company to identify the most pressing vulnerabilities. Not until that has become a widespread practice will enterprises have a true handle on the insider threat.