1. Steven D. Grimberg United States Attorney’s Office Northern District of Georgia DATA SECURITY BREACHES

2. Age / Skill Level Motivation Ego “Hack”tivism Money Trade secrets Intellectual capital Military/Government secrets Terrorism Hacktivists Criminals Nation- State Terrorists Cyber Criminals & Motivation

3. How They Do It Internet Phishing Social Engineering Exploiting Social Networking Insiders Old Fashioned Stealing Sophisticated Malware

4. 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

5. 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

6. 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

7. Disclosure to law enforcement is treated with discretion. BUT … …Prosecutions are public forums. DISCLOSURE BEWARE

9. Steve Grimberg U.S. Attorney’s Office, ND GA 404-581-6367 Steven.Grimberg@usdoj.gov LET’S TALK