Dark Reading is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Vulnerabilities / Threats

5/16/2012
11:50 AM
50%
50%

5 Ways To Lose A Malicious Insider Lawsuit

Making the case against an insider takes preparation and proactive work with HR and legal. Consider this expert advice to make sure you're ready.

When the worst-case scenario strikes and a malicious insider does damage to an organization, be it by theft or sabotage, legal recourse may be in order. But if IT doesn't prepare in advance to cooperate with human resources and legal, the civil or criminal case against a bad former employee may be doomed from the start.

According to security and legal experts, failing to cover your legal bases before presenting your case to judge and jury can effectively give the defendant that proverbial "get-out-of-jail-free card" and leave your organization without much leverage at all.

Here are some of the most common ways that enterprises tend to blow their cases against malicious insiders.

1. Don't Make Employees Sign A Contract or Policy
According to Damon Petraglia of Chartstone, one of the most common civil cases he's brought in to help forensically investigate is when employees steal information from their employers or do something inappropriate with technology. In order to make a case against such an employee, it is important to not only prove they stole or did something wrong, but that they had intent.

"If you want to fire someone or you want to sue someone, you have to prove that they had intent to do something malicious. Just because I installed something on my computer, it doesn't really prove I did something malicious," said Petraglia, director of forensic and information security services for Chartstone. "A lot of times, when I'm looking at something forensically, a company will not have any policy in place that says you cannot do something. That makes it very difficult to prosecute or to fire someone."

This is where signed acceptable use policies and confidentiality agreements are key. While signing such a document might seem like a mere formality when employees or contractors are brought in, their existence can make or break a case when things go wrong.

"If I were advising someone that has confidential information, data, or technology, I'd say the most important thing to do is have agreements with your employees that make it clear that there is confidential information that limit the employees' ability to use that information, and to prevent the employees from taking it or disclosing it to anyone else," said Jim Davis, partner at Dallas, Tex.-based law firm Klemchuck Kubasta.

Read the rest of this article on Dark Reading.

Put an end to insider theft and accidental data disclosure with network and host controls--and don't forget to keep employees on their toes. Also in the new, all-digital Stop Data Leaks issue of Dark Reading: Why security must be everyone's concern, and lessons learned from the Global Payments breach. (Free registration required.)

Comment  | 
Print  | 
More Insights
Comments
Threaded  |  Newest First  |  Oldest First
COVID-19: Latest Security News & Commentary
Dark Reading Staff 9/17/2020
Cybersecurity Bounces Back, but Talent Still Absent
Simone Petrella, Chief Executive Officer, CyberVista,  9/16/2020
Meet the Computer Scientist Who Helped Push for Paper Ballots
Kelly Jackson Higgins, Executive Editor at Dark Reading,  9/16/2020
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
Special Report: Computing's New Normal
This special report examines how IT security organizations have adapted to the "new normal" of computing and what the long-term effects will be. Read it and get a unique set of perspectives on issues ranging from new threats & vulnerabilities as a result of remote working to how enterprise security strategy will be affected long term.
Flash Poll
How IT Security Organizations are Attacking the Cybersecurity Problem
How IT Security Organizations are Attacking the Cybersecurity Problem
The COVID-19 pandemic turned the world -- and enterprise computing -- on end. Here's a look at how cybersecurity teams are retrenching their defense strategies, rebuilding their teams, and selecting new technologies to stop the oncoming rise of online attacks.
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2020-5421
PUBLISHED: 2020-09-19
In Spring Framework versions 5.2.0 - 5.2.8, 5.1.0 - 5.1.17, 5.0.0 - 5.0.18, 4.3.0 - 4.3.28, and older unsupported versions, the protections against RFD attacks from CVE-2015-5211 may be bypassed depending on the browser used through the use of a jsessionid path parameter.
CVE-2020-8225
PUBLISHED: 2020-09-18
A cleartext storage of sensitive information in Nextcloud Desktop Client 2.6.4 gave away information about used proxies and their authentication credentials.
CVE-2020-8237
PUBLISHED: 2020-09-18
Prototype pollution in json-bigint npm package < 1.0.0 may lead to a denial-of-service (DoS) attack.
CVE-2020-8245
PUBLISHED: 2020-09-18
Improper Input Validation on Citrix ADC and Citrix Gateway 13.0 before 13.0-64.35, Citrix ADC and NetScaler Gateway 12.1 before 12.1-58.15, Citrix ADC 12.1-FIPS before 12.1-55.187, Citrix ADC and NetScaler Gateway 12.0, Citrix ADC and NetScaler Gateway 11.1 before 11.1-65.12, Citrix SD-WAN WANOP 11....
CVE-2020-8246
PUBLISHED: 2020-09-18
Citrix ADC and Citrix Gateway 13.0 before 13.0-64.35, Citrix ADC and NetScaler Gateway 12.1 before 12.1-58.15, Citrix ADC 12.1-FIPS before 12.1-55.187, Citrix ADC and NetScaler Gateway 12.0, Citrix ADC and NetScaler Gateway 11.1 before 11.1-65.12, Citrix SD-WAN WANOP 11.2 before 11.2.1a, Citrix SD-W...