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Data Protection in the Cloud: Planning for Data Loss and Downtime

As we brace for another season of tornadoes, hurricanes, forest fires, earthquakes and floods, all businesses should be asking, “Is our data protected should disaster strike?” Or more simply, “What happens if we lose our data?”

Sadly, despite the fact that significant portions of the country are at risk for severe weather and other natural disasters, not all businesses are thinking pragmatically about catastrophic data loss and downtime, which can lead to staggering financial losses and impact productivity, reputation, regulatory compliance, and ultimately the bottom line.

According to a global data protection study released in December, enterprises are losing as much as .

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7 trillion annually through data loss and unplanned downtime. Data loss is up 400% since 2012, and two-thirds of the 3,300 organizations surveyed had experienced data loss in the last 12 months. Researchers found that although a high percentage of organizations had disaster recovery plans in place, surprisingly few had implemented data protection practices and fewer than half employed remote, cloud-based data protection. Seventy-one percent of organizations were not fully confident in their ability to recover after a disruption.

If your business is unprepared for a disaster, then act now to improve your resilience and mitigate risk. Plan for natural catastrophes and man-made disasters alike (such as theft, hardware failure, human error, system failure, computer viruses, power failure and accidental deletion).

Disaster preparedness begins with a business continuity plan. This serves as your playbook for staying in business following a disaster and it enables you to restore operations and communications systematically while helping minimize risk. Ask your IT department to incorporate the steps needed to safeguard your IT infrastructure from disaster, including backup and recovery measures.  In today’s highly-regulated environment, having a secure backup and recovery solution that meets the stringent requirements defined by Sarbanes-Oxley, Gramm-Leach-Bliley, HIPAA, FISMA, PCI, ISO and other regulatory standards is expected.

During this process, develop a clear understanding of where the cloud fits in and how it can help save time, money and resources.

Businesses are increasingly backing up their data and apps in a secure, off-site cloud environment (not in the physical office), because the cloud is faster than other options and typically offers the most protection at the lowest cost.

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Recovery in the cloud requires no travel and no extra hardware, and it offers extreme levels of reliability.

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Should disaster occur, a cloud solution allows the continuously backed up systems to be restored as virtual machines. All of the cloud’s benefits speak to why highly regulated businesses protecting sensitive data are finding that virtualization technologies make it simpler to comply with stringent security and compliance regulations governing electronic storage and access to data.

Here are seven steps to help businesses plan for data loss and downtime:

  1. Identify the risks. List and categorize all natural and man-made threats and their impact on various systems. Ask what would it take to knock out our entire network and how much unplanned downtime can our business sustain?
  2. Inventory IT assets. Which are most critical to maintaining business continuity? What’s our tolerance for loss of those assets? The cost of the response should be balanced against your tolerance for system downtime.
  3. Define goals. In a worst case scenario, how long can our business shut down? Does it need to recover off-site? Define goals in terms of RPO (Recovery Point Objective, “How much data can we lose?”) and RTO (Recovery Time Objective, “How long can we be down?”).
  4. Develop a plan. Include “IT Assets Inventory,” data protection procedures and contingency plans, notification/activation schedules, a list of roles and responsibilities, a list of resource requirements, and details about training provisions. Good plans include maintenance and backup/recovery testing schedules.
  5. Understand the cloud’s benefits. Virtualization technologies make backup and disaster recovery vastly faster, cheaper and easier. The combination of the cloud and the right backup and disaster recovery solution allows for continuous data protection (so the backups always run 24/7/365) as well as consistent compliance and security.
  6. Implement the plan. If executives understand clearly the consequences of system disruptions, you will win their support and funding for contingency policies.
  7. Test the plan. Continuous testing and plan updating helps ensure business survival.

EEOC Issues $245 million Probable Cause Determination against NYC

On April 1, the EEOC’s New York District Office issued a Determination finding probable cause to believe that the City of New York’s Department of Citywide Administrative Services (DCAS) violated Title VII and the Equal Pay Act based on its “pattern of wage suppression and subjective promotion based on…sex, race, and national origin.” In the accompanying conciliation agreement proposal, the EEOC demanded numerous forms of programmatic relief from DCAS (e.g., EEOC monitoring and notice postings) as well as back pay, future pay, compensatory damages and legal fees and costs totaling more than $246 million. For any employer, the EEOC’s position is one that ought to be heeded for “lessons learned….”

The Charge

The Communications Workers of America, AFL-CIO Local 1180 filed a charge of discrimination with the EEOC against DCAS in 2014 on behalf of a class of African-American and Hispanic women who were (or still are) employed as administrative managers in various NYC agencies. The Union asserted that a discriminatory pattern of wage suppression on the basis of sex, race and national origin exists as well as facially neutral policies governing assignment, promotion and wages that have a disparate impact on female African-American and Hispanic administrative managers. To this end, the Union alleged that the minimum salary for administrative managers—which is disproportionately paid to Hispanic and African-American women—has been frozen for many years whereas the maximum salary for administrative managers (positions held primarily by Caucasian males) has increased significantly.

In addition to arguing that the Union did not have standing to file a charge with the EEOC, DCAS denied the allegations of discrimination and provided “a small sample of administrative managers along with their gender, race, agency, salary, and description of their job duties in an attempt to demonstrate that administrative managers do not perform equal work.”

EEOC’s Determination and Proposed Conciliation Agreement

The EEOC agreed with the Union, opening that DCAS’ evidence “was insufficient” and did “not withstand scrutiny.” The EEOC also alleged that DCAS declined to provide certain requested information and “the Commission determines that the silence is an admission of the allegations in the charge, and exercises its discretion to draw an adverse inference with respect to the allegations.”

In addition to its Determination, the EEOC provided a proposed Conciliation Agreement to resolve the charge against DCAS. The Conciliation Agreement, were DCAS to accept it, would require DCAS to, at a minimum, award raises via “an annual step process;” increase the minimum salary for all administrative managers; and agree to “proper oversight, opportunity and enforcement of equal employment,” which would include the appointment of an EEO monitor; amended job descriptions with a revised posting and bidding process; and provision of tuition assistance to union members to “level the playing field” for union members so that they can “effectively compete with their white male colleagues in the workplace.”

With respect to monetary damages the EEOC demanded $188,682,531.00 in back pay, a new starting salary for administrative managers of no less than $92,117.00, $56,922,000.00 in compensatory damages under Title VII, and no less than $1,000,000.00 in legal fees and costs.

The EEOC gave DCAS until April 17, 2015 to provide a written counter-proposal or advise if it did not wish to engage in conciliation. Absent what it deems a “reasonable written counter-proposal” from DCAS, the EEOC warned that it may deem conciliation futile and fail conciliation.

Implications or Employers

The headline grabbing dollar amount requested by the EEOC in this proposed conciliation agreement is certainly staggering and catapults this case into the “one to watch” column. Furthermore, this confirms what we predicted in our EEOC-Initiated Litigation Report – that the EEOC is going to focus this year on recovering large settlements and verdicts to try to make up for low recoveries in fiscal year 2014. As DCAS has already publically stated that it intends on participating in the conciliation process, we will be sure to monitor developments. Stay tuned!

This post can also be found on the EEOC Countdown blog here.

 

Security Technology: Reducing Risk for Law Enforcement

 

Nowhere is the work environment more unpredictable than on the front line. Front line employees, whether they work in customer service or high-level security, are constantly exposed to the biggest element of risk—the human element. Working in the field exposes employees to a variety of unpredictable factors, interacting with the public and operating in different environments, making it difficult to predict risks and properly protect employees from external threats.

This is particularly true in law enforcement and security industries, with “police officer” being named as one of America’s most dangerous jobs. It’s no wonder organizations (both public and private sector) are looking for solutions, especially when considering what is at risk. Obviously, employee safety is of paramount concern to any organization and should always be top priority, but there are other elements to consider. Attacks on employees or property can result in huge legal costs, and without physical evidence, it can be hard to recoup this loss. Businesses must also consider the risk to their public image.

To help fight crime and reduce the risks to their front line workers, many government law enforcement agencies and private security organizations are using technology solutions. These solutions, such as advanced security recordings and tracking devices, can act as deterrents. While providing law enforcement officers with more protection, they also help collect irrefutable evidence to protect the company from a legal perspective.

Personal security cameras

These personal security cameras have been adopted by numerous law enforcement agencies around the world, including the City of Clare Police Department in Michigan. The body-worn cameras are attached to the police officer’s uniform—recording footage and displaying a live feed on their front-facing screen. This works in two ways, by providing reliable video evidence from the officer’s perspective of the crime scene and also acting as a deterrent. This approach of alerting members of the public to the fact that they’re being recorded has been shown to reduce the occurrence of criminal activity.

GPS

While GPS systems have existed for a long time, more and more law enforcement agencies are taking full advantage of their benefits—particularly when it comes to pursuing vehicles. Tested with police departments in Arizona and Florida, GPS ‘darts’ are currently in development to reduce the risk to police officers and the general public posed by high speed traffic pursuits. The darts are fired using compressed air and discreetly attach to the vehicle being chased. This means the officer in pursuit can track the vehicle remotely, without the need to initiate a chase at dangerous speeds.

Drones

Perhaps the most controversial of these technologies, drone surveillance has been a hot topic in recent news. While opposition to their use is primarily in relation to privacy or military usage, for law enforcement they provide an affordable and convenient alternative to police helicopters. These small portable flying police drones are equipped with HD surveillance cameras, providing a birds-eye view of crime scenes or events. This live video feed can be monitored and recorded remotely, allowing officers to survey any danger in the area before making a physical appearance. Like body worn cameras, the video footage can also serve as valuable evidence in court. The future of drone technologies being adopted by police departments remains up in the air, however, as some public opposition looks to restrict their usage.

Gunshot detection

Possibly the most innovative of these technologies, gunfire locators or gunshot detection systems have proven to be extremely valuable in protecting front line workers and increasing response time in high gun crime areas. Already used in many cities throughout the United States, these systems use numerous super sensitive microphones (dispersed through a geographic area and connected to a central processor) to immediately alert police to the exact location, and even direction, of gunshots fired in the area.

While some of these technologies have yet to reach their potential, their benefits suggest it won’t be long before they’re fully integrated into police and security industries—and seeing widespread use around the world. While tracking devices and security cameras are nothing new, their improvement and innovative applications in recent years have made them invaluable. From collecting evidence to improving safety for front line workers, these high-tech security solutions effectively reduce risks faced by organizations operating in the sector.

 

Improving IT Training Makes Cyberrisk Every Employee’s Responsibility

IT training cybersecurity

For many organizations, risk management spans four distinct categories – physical, financial, human and intellectual. When thought about in context, it’s easy to see how one risk area might impact another. An earthquake that takes down an office building, for example, has clear financial implications in the form of productivity downtime and the cost of building repairs. Given these seemingly easy correlations, it is baffling that so many businesses remain siloed when it comes to managing each area, especially given how it puts them at a higher risk as a result.

Unsurprisingly, these siloes create a lack of communication throughout an organization. Physical security, for example, can often be dealt with by facilities management teams, whereas financial risk is handled by the finance team.

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Technology hackers are no strangers to this common, organization-wide breakdown – they prey on communication lapses when strategizing an attack.

The solution is simple: break down these siloes to minimize risk gaps. But, as with most pieces of advice, the steps required to achieve this are much easier said than done, especially when it comes to silo-busting in business. The trick is for an organization to use its employees to its advantage. With collaboration between departments and strengthening universal security training across every department, IT teams can make it much harder for hackers to execute coordinated attacks across the business.

Avoid Letting a Hyperlink Be Your Downfall

Email is the primary communication tool in business, and is also the platform that reinforces employees’ position as being both the biggest threat and biggest asset to risk management. Email also happens to be a commonly chosen route for hackers to take when infiltrating an organization.

Phishing attacks via email, for example, are underpinned by social engineering and can be targeted to specific employees and job functions. According to the August 2014 HP TippingPoint survey, State of Network Security, they are dealt with by nearly 70 percent of IT professionals at least once a week, and involve a hacker disguising a malicious link as one from a “trusted” sender. When clicked by the employee, the link can give hackers the ability to pivot within their target’s network and gain unprecedented access to an organization’s network and beyond. Once attackers breach a system like email, or trick the humans reading those emails into clicking a link, it’s easy for them to exploit the organization’s financial, intellectual and physical assets further.

For example, infrastructure attacks on building control systems, although not new, can now be perpetrated remotely over the Internet.

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Malware attacks such as Flame, Duqu and Regin highlight how threat attacks are specifically targeted to control systems more and more often. As such, employing a security guard to take watch over an organization’s physical control system is no longer enough to keep outside attacks at bay.

Current IT Security Training is Failing

So, what’s an organization to do? Current training and prevention methods are lackluster, and many organizations still embody the “set it and forget it” method. It’s often assumed that once employees have been trained on IT security once, that’s all it takes. Or worse, IT security training is coupled with other training, thereby diminishing its value. For example, training on an organization’s fire evacuation procedure might be thrown in with IT security training during an employee’s induction sessions.

Organizations that do this are setting themselves up for failure. The IT department has implemented training in a way that works best for them, such as a webinar, PowerPoint or squeezed in with another training for time-saving purposes. This takes the place of training that is tailored to make the most sense for the employees.

How to Revitalize IT Security Training

The key to getting past common training slumps is by not only finding unique ways to train employees to help prevent breaches, but also by having them understand the impact a breach can have on other areas of the business, and even their own job.

Organizations must think outside the box and adopt the mindsets of both the employees and hackers to start making a behavioral change in their users. This includes tactics such as making training apply to specific job titles and departments, suggesting a job swap for a day so one department can learn another’s issues, or leveraging creative ways to remind employees not to click on suspicious links. This could include Christmas cards, SMSs or private social media groups and forums.
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But, IT security can be taken even a step further, being made an organization-wide campaign. How about taking after Facebook and making a game of it?  As reported by a director on the Facebook security team in November 2012, Facebook decided to put an end to dull employee cyber-security training with the launch of Hacktober in 2012. October is National Cyber Security Awareness Month, and throughout the month, Facebook’s cyber security team created a series of simulated security incidents that are targeted at specific internal departments, based upon the types of threats they are most likely to see. Employees that spot a Hacktober attack are rewarded with a prize, thus achieving the goal of being both educational and interesting.

Beginning with IT security to eradicate risk throughout the organization is only possible by approaching it from a human-interest angle. Humans are both the perpetrators and victims, and it’s time IT starts designing training that reflects that. Above all else, mitigating risk requires organization-wide support, including from the C-suite. Organizations can make quite an impact on prevention—not by spending a large budget on training, but by taking it back to their employees and helping them understand the ripple effect just one malicious email or link can have.