Category Archives: Terrorism

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Top Obama Administration Officials, Law Enforcement Reach Out at RSA Conference

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loretta lynch at RSA

Attorney General Loretta Lynch addresses RSA Conference 2016

SAN FRANCISCO—Many of the Obama administration’s top brass are here in force, addressing some 40,000 practitioners from every part of the technology and information security industry at the annual RSA Conference. Set against the backdrop of the ongoing fight over between Apple and the FBI encryption and backdoors, the tension ebbed and flowed during sessions with Attorney General Loretta Lynch, Secretary of Defense Ashton Carter, and Admiral Mike Rogers, U.S. Navy Commander, U.S. Cyber Command, and director of the NSA. While many speakers will not address the issue directly, the subtext is clear throughout the show, particularly as the public battle brings considerable interest to the privacy and security issues the RSA has centered on for 25 years.

Indeed, in his keynote address, RSA President Amit Yoran called law enforcement’s current stance on encryption “so misguided as to boggle the mind.” Brad Smith, president and chief legal officer of Microsoft, chimed in as well, asserting that we cannot keep people safe in the real world unless we can keep them safe in the virtual world. He lauded Apple and pledged that the tech giant would stand with Apple in its resistance.

Ash Carter at RSA

Secretary of Defense Ashton Carter in Conversation with Ted Schlein of Kleiner Perkins at RSA

While the gravity of the issue and the massive potential impact for many in the sector are boggling many minds here, the administration officials’ sessions also offered more broadly positive comments for businesses outside the tech sector. The conciliatory tone Lynch and Carter often struck centered on the critical need for partnerships between technology and government. They tried to emphasize the ways the administration is reaching out to private entities, both within Silicon Valley and across corporate America at large.

According to Sec. Carter, for example, the United States Cyber Command has three core missions: defending the Department of Defense’s network; helping American companies, the economy and critical infrastructure; and engaging in offensive cyber missions. The second is a key pillar, he said, as the DoD must keep in perspective that the strength of American entities is the strength of the nation. From threat intelligence to the Defense Innovation Unit Experimental he announced yesterday, to be helmed by Google’s Eric Schmidt, Carter believes there is considerable need for industry to engage with government on cyberrisk, and both parties have valuable assets to contribute. “Data security is a necessity, and we must help our companies harden themselves,” Carter said. Indeed, he wants both help for and from the industry. In closing, he said, “We are you. You pay us. We represent you and our job is to protect you, and we’d love to have your help.”

He also noted that the DoD is trying to learn a bit about managing its cyberrisk from the commercial sector’s best practices. “We do grade ourselves and we’re not getting good grades across the enterprise,” Carter told reporters Wednesday, according to Defense News. “I have these meetings where I call everyone in and we have these metrics which tell us how we’re doing [and] if you don’t score well, that is evident to the Secretary of Defense at those meetings.

“We don’t assume for a minute that we’re doing a perfect job at this,” he added. “That’s the whole reason for me to be here and the whole reason for me to be engaging with this community here at this conference.”

Carter also announced that the Department of Defense will be hosting “Hack the Pentagon,” a bug bounty program offering white hat hackers cash for finding and reporting vulnerabilities in the Pentagon’s websites. Many companies have been offering these programs to try to discover their exposure in a controlled setting, without the risk of reputation damage, personal information exposure and business interruption that accompany an unknown hacker finding them instead. Carter called these a “business best practice” to gauge preparedness.

Federal law enforcement also has a notable presence at RSA and is making a pronounced effort to reach out to businesses regarding cyberrisk, threat intelligence, and managing a cyberattack. Indeed, in one session Tuesday, panelists from the Department of Homeland Security, FBI and the White House urged a call to action for businesses to get serious about proactively building bridges with law enforcement and to make use of the many resources the administration is trying to activate to help private industry fortify against cyber threats. The government is working to make it easier for companies to turn to it for help, they said, and attitudes are shifting to more consistently recognize and respect victimized businesses and minimize business interruption.

Some in the audience expressed skepticism, such as one man who seized upon the Q&A portion of a session on government departments’ specific roles in fighting cyber criminals. He asked how the government can be trusted to help industry when it cannot protect itself. But corporate entities should be taking note, particularly of the services available. While many hesitate to share threat intelligence or even successful attacks, Eric Sporre, deputy assistant director of the FBI’s cyber division, stressed that FBI Director James Comey has made it a directive for FBI field offices to develop relationships with local businesses and to treat businesses as crime victims, not perpetrators. In responding to attacks, he noted, the Bureau sometimes even brings in victim services to holistically approach aiding in the investigation and recovery process.

Andy Ozment, assistant secretary for cybersecurity and communications at the Department of Homeland Security, also highlighted the preventative measures his department offers companies, including personal risk assessment services. In some cases, chief information security officers and other executives engaged in cyberrisk management functions have been getting DHS assessments, using them as a tool to drive investment or otherwise sell cyber upwards with the board or C-suite of their organizations.

Is Fear of Terrorism Grounding Your Business Travel?

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Paris

The recent acts of terrorism in Paris stunned the world, when 150 were killed and more than 300 were wounded. But the collateral damage went far beyond buildings being ripped apart and one of the most popular cities in the world being virtually shut down.

Business Travel Coalition, a U.S.-based lobby group, recently released a survey of 84 corporate, university and government travel and risk managers from 17 countries on their attitudes of trips to France following the bombings.

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Twenty-one percent of the respondents said they were very or somewhat likely to cancel travel to France for “some period of time,” and 20% were somewhat likely to cancel travel to and within Europe. A large majority said they’d probably allow employees to decide whether they were prepared to head to France.

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One in five corporate travel managers is likely to cancel trips to Paris “for some period of time.” These are not surprising statistics.

Terrorism has been defined as “The use of violence to instill a state of fear,” and that effect is far-reaching; a bomb explodes in Paris and it’s likely that 5,600 miles away in California some corporate risk manager for a Fortune 500 company is seriously considering cancelling a business trip to Europe—a visceral reaction that could cost his company untold sums of money. Mission accomplished.

But it doesn’t have to be that way.

I fully realize that the fire that fuels business owners is the desire to overcome any obstacles perceived to hinder the bottom-line. But there’s no way a sane person can watch the news today and not wonder, “What is the risk of undertaking a business trip overseas? Will I fall victim to a terrorist act?” I contend that the answer to this question is to put your risk in perspective.

Although it’s a sad state of affairs that there will most likely be another terrorist attack in Europe sometime in 2016, it doesn’t mean that a high degree of risk involved for you, personally. According to the U.S. State Department, the number of U.S. citizens killed overseas by incidents of terrorism from 2001 to 2013 was 350. In other words, your odds are greater to be killed in a car crash (one in 19,000), drown in your bathtub (one in 800,000), or be struck by lightning (one in 5.5 million) than to perish in a terrorist attack (one in 20 million).

It is important that we don’t allow acts of terrorism to knock the wheels off our economy. Business travel is a key element in making us what we are, so it’s imperative that we mitigate that risk whenever possible.

The first thing is to make sure you are not so focused on terrorism that you fall victim to the common risks swirling around us every day. For instance, when traveling overseas don’t be so obsessed with where you think an incident might happen (no matter how statistically unlikely) that you select an alternate route that takes you through the last place on earth where you’d want to get a flat tire in the middle of the night.

Second, minimize the risks you have control over.

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Stay up-to-date on the State Department’s list of global hot spots, and have your business travel professional plan each step, down to the slightest detail (air, hotels, ground and communication).

Detailed planning is paramount because with any type of business travel in these uncertain and even downright scary times, it is all about controlling the risk. And that can start with the simple act of driving carefully on the way to the airport. That way the most likely risk you’ll ever face on your trip is already behind you before you even board the plane.

Congress Overwhelmingly Passes TRIA Bill

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After a last-minute failure by the Senate to pass the Terrorism Risk Insurance Act (TRIA) in December, the bill was overwhelmingly passed by the Senate on Jan. 8, with a vote of 93 to 4. The House of Representatives had voted 416 to 5 to pass TRIA in December. The bill now awaits President Obama’s signature.

H.R. 26, which is the same as last year’s amended S. 2244, reauthorizes TRIA through the end of 2020. Under the six-year extension, starting in 2016, there will be phased-in increases to the program’s trigger, raising it from $100 million to $200 million in annual aggregate insured losses, and the insurer co-share will be raised from 15% to 20%. The bill also phases in an increase in the aggregate amount of insured terrorism losses that must be borne by the private sector from the current $27.5 billion to $37.5 billion. Taxpayer dollars to fund those losses would be recouped post-event.

Several industries were quick to praise TRIA’s passage, as the Senate’s failure to reauthorize the Terrorism Risk Insurance Act in December left insurance buyers facing renewals on terrorism coverage with unanswered questions.

The Commercial Real Estate Development Association (NAIOP) praised the bill’s passage, saying, “This is sound policy because it enables insurers and private sector capital to provide coverage for losses that otherwise would fall upon the taxpayer. This vital security blanket could help save billions of dollars that would otherwise be spent in the aftermath of a terrorist attack. Renewing TRIA for six years represents a major victory for the commercial real estate industry and the millions of jobs and economic growth it supports. Today’s vote gives developers the peace of mind to invest in an industry that contributed $376 billion to GDP last year, supported 2.8 million jobs, and produced $120 billion in personal earnings.”

The Coalition to Insure Against Terrorism (CIAT) said in a statement, “CIAT members are pleased the Senate has acted quickly to approve TRIA reauthorization as one of the first orders of business in the new Congress. We commend Majority Leader McConnell and Minority Leader Reid for their leadership in seeing this critical legislation through to completion, and are encouraged by the strong bipartisan support for reauthorization in both chambers.”

Marsh & McLennan said it “applauds the new Congress for its swift reauthorization of this critically important public-private partnership, which will help to ensure a reliable marketplace for terrorism coverage in the event of attack. We are pleased that TRIPRA directs the Treasury Department to review the protocols for certification which would help to protect the nation’s economic security in the event of a terrorist attack.”

Leigh Ann Pusey, president and CEO of the American Insurance Association (AIA), said in a statement that the “terrorism risk insurance program will remain in place protecting our nation’s economy, policyholders and taxpayers. Congress’ timely reauthorization of TRIA will preserve a well-functioning private terrorism insurance marketplace.” She added, “As with previous TRIA reauthorizations, the primary responsibility for financial recovery is placed on the private sector in all but the most catastrophic of events.

“Congress’ bipartisan action on TRIA this week will help ensure the continued availability of terrorism risk insurance, providing stability for the broad range of businesses of all sizes that depend on this essential coverage,” noted the National Association of Real Estate Investment Trusts (NAREIT). “We strongly urge President Obama to sign this legislation into law at the earliest opportunity.”

ISO announced that it is filing revised terrorism forms in response to passage of the act. The revised forms will be for insurer use in most states shortly after President Obama signs the bill, known as the Terrorism Risk Insurance Program Reauthorization Act of 2015.

Insurance Industry ‘Disappointed’ by Senate’s Non-Renewal of TRIA

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Last week’s optimism about the possible reauthorization of the Terrorism Risk Insurance Act was replaced by “disappointment” today, as the insurance industry sounded off about the Senate’s failure to pass the House-approved TRIA bill before adjourning. TRIA, the federal insurance backstop that requires insurers to offer terrorism insurance coverage to policyholders, is set to expire on Dec. 31, 2014. More than 60 percent of all U.S. businesses purchase terrorism insurance coverage, according to Marsh USA.

“A major terrorist attack occurring without a TRIA law on the books will be far more disruptive to the U.S. economy than one where TRIA is in place,” Robert Hartwig, Ph.D., president of the Insurance Information Institute and economist said in a statement. “Terrorism insurance policies are going to lapse in 2015, and insurers will be under no obligation to renew them, adversely impacting the construction, energy and real estate industries, among others. For instance, a theatre owner hosting a controversial movie premiere on Christmas Day may have insurance coverage for losses triggered by an act of terrorism but this same business might not have it if a comparable attack were to occur on New Year’s Day.”

The Coalition to Insure Against Terrorism (CIAT) spokesperson Marty DePoy said, “CIAT is incredibly disappointed that the Senate chose to adjourn without reauthorizing the Terrorism Risk Insurance Act, a program that since 9/11 has provided critical stability to the marketplace against another terrorist attack. This is a bipartisan failure; the 113th Congress has let down American workers, American businesses and jeopardized U.S. economic and national security. CIAT urges the new Congress to make TRIA reauthorization its top priority in January and immediately vote to extend the program for the long-term.”

RIMS President Carolyn Snow echoed disappointment. “We are extremely disappointed that Congress failed to pass an extension of TRIA, despite strong bipartisan support.

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The program’s expiration will have many negative repercussions for commercial insurance consumers, the countless organizations they represent and the U.S. economy as a whole.”

She noted that since its inception, “TRIA has stabilized the marketplace by providing adequate capacity at affordable rates. Its expiration will almost certainly cause rates to rise, placing many lending agreements in jeopardy and forcing some organizations to self-insure or simply go without.”

Leigh Ann Pusey, president and CEO of the American Insurance Association (AIA), said AIA is “incredibly disappointed,” adding that by letting TRIA lapse, “Congress has failed to protect taxpayers and the economy.”

She said, “Without TRIA in place on Jan. 1, insurers will be forced to assess their exposures. The program’s lapse will significantly jeopardize the terrorism insurance marketplace that currently protects our nation’s economy against major acts of terrorism. We strongly urge the new Congress to take up the House-Senate negotiated TRIA reauthorization package as its first item of business when it returns in January in order to minimize marketplace disruptions.

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Global risk advisor, Willis expressed disappointment as well, noting that its biggest concern is that Clients “will need help in reevaluating their risk exposures according to the changed environment where TRIA is no longer available as a back stop for the insurance market place. Of particular concern is where clients have loan covenants that determine the type and amount of terrorism insurance coverage that is required.”

Mike Becker, executive vice president and chief executive officer of the National Association of Professional Insurance Agents observed, “Disagreement won the day and politics took precedence over protecting the American people. There was overwhelming bipartisan support to renew TRIA, with both parties showing strong leadership to get a compromise deal done in recent weeks. That support was nearly unanimous, with the House approving the TRIA renewal deal 417-7 last week, and the Senate having already passed a similar version 93-4 last July.”

Snow concluded, “RIMS and many other organizations have been pushing Congress to pass an extension for the past two years but Congress senselessly ignored those concerns and waited until the very last moment. This delay has ultimately led to the worst possible outcome.”