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July 17, 2024

What you need to know about the new SEC Cybersecurity rules

In July 2023, the U.S. Securities and Exchange Commission (SEC) adopted new rules concerning cybersecurity incidents and disclosures. This blog describes the new rules and demonstrates how Darktrace can help organizations achieve compliance with these standards.
Inside the SOC
Darktrace cyber analysts are world-class experts in threat intelligence, threat hunting and incident response, and provide 24/7 SOC support to thousands of Darktrace customers around the globe. Inside the SOC is exclusively authored by these experts, providing analysis of cyber incidents and threat trends, based on real-world experience in the field.
Written by
Kendra Gonzalez Duran
Principal Analyst
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Jul 2024

What is new in 2023 to SEC cybersecurity rules?

Form 8-K Item 1.05: Requiring the timely disclosure of material cybersecurity incidents.

Regulation S-K item 106: requiring registrants’ annual reports on Form 10-K to address cybersecurity risk management, strategy, and governance processes.

Comparable disclosures are required for reporting foreign private issuers on Forms 6-K and 20-F respectively.

What is Form 8-K Item 1.05 SEC cybersecurity rules?

Form 8-K Item 1.05 requires the following to be reported within four business days from when an incident is determined to be “material” (1), unless extensions are granted by the SEC under certain qualifying conditions:

“If the registrant experiences a cybersecurity incident that is determined by the registrant to be material, describe the material aspects of the nature, scope, and timing of the incident, and the material impact or reasonably likely material impact on the registrant, including its financial condition and results of operations.” (2, 3)

How does the SEC define cybersecurity incident?

Cybersecurity incident defined by the SEC means an unauthorized occurrence, or a series of related unauthorized occurrences, on or conducted through a registrant’s information systems that jeopardizes the confidentiality, integrity, or availability of a registrant’s information systems or any information residing therein. (4)

How can Darktrace assist in the process of disclosing incidents to the SEC?

Accelerate reporting

Darktrace’s Cyber AI Analyst generates automated reports that synthesize discrete data points potentially indicative of cybersecurity threats, forming reports that provide an overview of the evolution and impact of a threat.

Thus, when a potential threat is identified by Darktrace, AI Analyst can quickly compile information that organizations might include in their disclosure of an occurrence they determined to be material, including the following: incident timelines, incident events, incident summary, related model breaches, investigation process (i.e., how Darktrace’s AI conducted the investigation), linked incident events, and incident details. The figure below illustrates how Darktrace compiles and presents incident information and insights in the UI.

Overview of information provided in an ‘AI Analyst Report’ that could be relevant to registrants reporting a material cybersecurity incident to the SEC
Figure 1: Overview of information provided in an ‘AI Analyst Report’ that could be relevant to registrants reporting a material cybersecurity incident to the SEC

It should be noted that Instruction 4 to the new Form 8-K Item 1.05 specifies the “registrant need not disclose specific or technical information about its planned response to the incident or its cybersecurity systems, related networks and devices, or potential system vulnerabilities in such detail as would impede the registrant’s response or remediation of the incident” (5).

As such, the incident report generated by Darktrace may provide more information, including technical details, than is needed for the 8-K disclosure. In general, users should take appropriate measures to ensure that the information they provide in SEC reports meets the requirements outlined by the relevant regulations. Darktrace cannot recommend that an incident should be reported, nor report an incident itself.

Determine if a cybersecurity incident is material

Item 1.05 requires registrants to determine for themselves whether cybersecurity incidents qualify as ‘material’. This involves considerations such as ‘the nature scope and timing of the incident, and the material impact or reasonably likely material impact on the registrant, including its financial condition and results of operations.’

While it is up to the registrant to determine, consistent with existing legal standards, the materiality of an incident, Darktrace’s solution can provide relevant information which might aid in this evaluation. Darktrace’s Threat Visualizer user interface provides a 3-D visualization of an organization’s digital environment, allowing users to assess the likely degree to which an attack may have spread throughout their digital environment. Darktrace Cyber AI Analyst identifies connections among discrete occurrences of threatening activity, which can help registrants quickly assess the ‘scope and timing of an incident'.

Furthermore, in order to establish materiality it would be useful to understand how an attack might extend across recipients and environments. In the image below, Darktrace/Email identifies how a user was impacted across different platforms. In this example, Darktrace/Email identified an attacker that deployed a dual channel social engineering attack via both email and a SaaS platform in an effort to acquire login credentials. In this case, the attacker useding a legitimate SharePoint link that only reveals itself to be malicious upon click. Once the attacker gained the credentials, it proceeded to change email rules to obfuscate its activity.

Darktrace/Email presents this information in one location, making such investigations easier for the end user.

Darktrace/Email indicating a threat across SaaS and email
Figure 2: Darktrace/Email indicating a threat across SaaS and email

What is regulation S-K item 106 of the SEC cybersecurity rules?

The new rules add Item 106 to Regulation S-K requiring registrants to disclose certain information regarding their risk management, strategy, and governance relating to cybersecurity in their annual reports on Form 10-K. The new rules add Item 16K to Form 20-F to require comparable disclosure by [foreign private issuers] in their annual reports on Form 20-F. (6)

SEC cybersecurity rules: Risk management

Specifically, with respect to risk management, Item 106(b) and Item 16K(b) require registrants to describe their processes, if any, for assessing, identifying, and managing material risks from cybersecurity threats, as well as whether any risks from cybersecurity threats, including as a result of any previous cybersecurity incidents, have materially affected or are reasonably likely to materially affect them. The new rules include a non-exclusive list of disclosure items registrants should provide based on their facts and circumstances. (6)

SEC cybersecurity rules: Governance

With respect to governance, Item 106 and Item 16K require registrants to describe the board of directors’ oversight of risks from cybersecurity threats (including identifying any board committee or subcommittee responsible for such oversight) and management’s role in assessing and managing material risks from cybersecurity threats. (6)

How can Darktrace solutions aid in disclosing their risk management, strategy, and governance related to cybersecurity?

Impact scores

Darktrace End-to-End (E2E) leverages AI to understand the complex relationships across users and devices to model possible attack paths, giving security teams a contextual understanding of risk across their digital environments beyond isolated CVEs or CVSS scores. Additionally, teams can prioritize risk management actions to increase their cyber resilience through the E2E Advisory dashboard.

Attack paths consider:

  • Potential damages: Both the potential consequences if a given device was compromised and its immediate implications on other devices.
  • Exposure: Devices' level of interactivity and accessibility. For example, how many emails does a user get via mailing lists and from what kind of sources?
  • Impact: Where a user or asset sits in terms of the IT or business hierarchy and how they communicate with each other. Darktrace can simulate a range of possible outcomes for an uncertain event.
  • Weakness: A device’s patch latency and difficulty, a composite metric that looks at attacker MITRE methods and our own scores to determine how hard each stage of compromise is to achieve.

Because the SEC cybersecurity rules require “oversight of risks from cybersecurity threats” and “management’s role in assessing and managing material risks from cybersecurity threats” (6), the scores generated by Darktrace E2E can aid end-user’s ability to identify risks facing their organization and assign responsibilities to address those risks.

E2E attack paths leverage a deep understanding of a customer’ digital environment and highlight potential attack routes that an attacker could leverage to reach critical assets or entities. Difficulty scores (see Figure 5) allow security teams to measure potential damage, exposure, and impact of an attack on a specific asset or entity.

An example of an attack path in a digital environment
Figure 3: An example of an attack path in a digital environment

Automatic executive threat reports

Darktrace’s solution automatically produces Executive Threat Reports that present a simple visual overview of model breaches (i.e., indicators of unusual and threatening behaviors) and activity in the network environment. Reports can be customized to include extra details or restricted to high level information.

These reports can be generated on a weekly, quarterly, and yearly basis, and can be documented by registrants in relation to Item 106(b) to document parts of their efforts toward assessing, identifying, and managing material risks from cybersecurity threats.

Moreover, Cyber AI Analyst incident reports (described above) can be leveraged to document key details concerning significant previous incidents identified by the Darktrace solution that the registrant determined to be ‘material’.

While the disclosures required by Item 106(c) relate to the governance processes by which the board of directors, the management, and other responsible bodies within an organization oversee risks resulting from cybersecurity threats, the information provided by Darktrace’s Executive Threat Reports and Cyber AI Analyst incident reports can also help relevant stakeholders communicate more effectively regarding the threat landscape and previous incidents.

DISCLAIMER

The material above is provided for informational purposes only. This summary does not constitute legal or compliance advice, recommendations, or guidance. Darktrace encourages you to verify the contents of this summary with your own advisors.

References

  1. Note that the rule does not set forth any specific timeline between the incident and the materiality determination, but the materiality determination should be made without unreasonable delay.
  2. https://www.sec.gov/files/form8-k.pdf
  3. https://www.sec.gov/news/press-release/2023-139
  4. https://www.ecfr.gov/current/title-17/chapter-II/part-229
  5. https://www.sec.gov/files/form8-k.pdf
  6. https://www.sec.gov/corpfin/secg-cybersecurity
Inside the SOC
Darktrace cyber analysts are world-class experts in threat intelligence, threat hunting and incident response, and provide 24/7 SOC support to thousands of Darktrace customers around the globe. Inside the SOC is exclusively authored by these experts, providing analysis of cyber incidents and threat trends, based on real-world experience in the field.
Written by
Kendra Gonzalez Duran
Principal Analyst

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Email

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July 24, 2026

Darktrace / EMAIL Expands Behavioral Defense Across Email and Collaboration Workflows

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Email and collaboration tools do more than carry messages. They are where organizations approve payments, share sensitive data, reset credentials, and make thousands of everyday decisions. Increasingly, they are interfaces through which humans direct AI agents in their daily activity. Email, Slack and Teams are high volume, rich with sensitive data, and an easy place to hide malicious activity.

The opportunity isn’t lost on bad actors. Darktrace / EMAIL detected more than 32 million high-confidence phishing emails globally in 2025, and 70% of those messages passed DMARC authentication.  Phishing is increasingly difficult to detect and familiar trust signals alone are not enough. People and security teams need to understand how a message fits the normal behavior of the sender, recipient, and organization. They also need to correlate activity across platforms to spot threats that span multiple channels.

To effectively secure against today’s evolved threats, security teams need to act at two levels: they need to help each employee make a safer decision ‘in the moment’, and they need to understand the wider patterns that may expose the business to risk.

Darktrace is introducing four new capabilities in Darktrace / EMAIL to address both challenges. The new features explain suspicious content more clearly to end users, strengthen the capabilities of Darktrace / Adaptive Human Defense with richer guidance, let organizations define their own patterns for detecting sensitive data in messages, and give security teams a process-level view of risk across email and collaboration workflows.

Darktrace / EMAIL Inbox Analysis highlights risky content within your emails

A warning is more useful when it explains what the user should look at. To help do that, we’ve expanded Darktrace / EMAIL’s Inbox Analysis Add-In to highlight potentially dangerous content within the body of emails that Darktrace / EMAIL flags as potentially suspicious or high risk.  

The add-in can highlight language designed to create urgency, financial references, requests for payment, suspicious links, and content that is unusual for the sender. Each highlighted element includes a pop up that explains why it may be suspicious. Instead of asking an employee to accept a verdict without context, the analysis helps them examine the message and make a more informed decision.

Enhanced Just-In-Time Training Banners in Darktrace / Adaptive Human Defense

Enhanced Just-In-Time Training Banners build on the same principle. The banners now include a contextual header, actionable advice, and specific detection context. This gives employees more useful guidance at the point of risk without adding unnecessary information or cognitive load.

Together, the capabilities help turn a warning into a short learning moment. Employees can see what looks unusual, understand what action to take, and build their judgment.

Custom Sensitive Data Detection in Darktrace / EMAIL - Data Loss Prevention

Sensitive data is different for every business. Standard categories such as payment card details or government identifiers matter, but organizations also have their own customer codes, project names, research formats, account structures, and internal identifiers.

Custom Sensitive Data Detection in Darktrace / EMAIL - Data Loss Prevention allows administrators to write custom expressions for the data their organization needs to protect. Matched content can trigger existing model actions and data loss prevention (DLP) workflows, extending Darktrace's DLP capabilities.

This extends data loss detection beyond a fixed library of common data types. Security teams can apply controls to information that is sensitive in the context of their own organization and adapt those controls as the business changes.

Introducing Email and Collaboration Workflow Risk Posture Dashboards

Some of the most important risks are not isolated events. They are repeated ways of working that create an opening for error, misuse, or attack. For example, a payment request may be one suspicious message, but a recurring approval workflow that relies on weak verification is a business process risk.

The new Email and Collaboration Workflow Risk Posture Dashboard analyzes email and collaboration data across Email, Microsoft Teams, Slack and Zoom to provide a process-level view of risk in the organization. These may include financial authorization workflows, sensitive data sharing patterns, and activity that could expose credentials.

The dashboard brings these patterns into a view and provides actionable recommendations. This helps security teams determine where to investigate or strengthen controls, where ownership needs to be clarified, and where the business may need to change a risky process. It gives CISOs a clearer view of how human and communication risk is embedded in everyday operations, not only where individual alerts occur.

Behavior connects the individual decision to the wider risk

These capabilities build on Darktrace’s unique behavioral approach to security. We use Adaptive AI to learn how people and AI normally behave within an organization, creating the context needed to recognize when activity changes.

Within the Darktrace Behavioral Defense Platform, Darktrace / EMAIL helps protect people against phishing, account takeover, data exfiltration, and human risk across email and collaboration tools. The new capabilities extend that protection in both directions. They give employees clearer context for the decision in front of them, while giving security leaders a broader view of the workflows and behavior that create risk across the organization.

The result is not simply more alerts. It is a better understanding of why something is risky, what action to take, and where the organization can reduce risk before a familiar process becomes an easy route for an attacker.

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About the author
Carlos Gray
Senior Product Marketing Manager, Email

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AI

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July 24, 2026

When Guardrails Break: Why Securing AI Requires Behavioral Detection and Autonomous Containment

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Bottom line up front: Governance, guardrails, identity controls, and secure development are necessary to secure AI, but they are not sufficient. AI systems are probabilistic, adaptive, and non-deterministic. Therefore, organizations need two critical layers of security:

  1. Behavioral-based detection that can identify when AI begins to act outside its intended purpose; and  
  2. Surgical, explainable autonomous containment that can stop risky activity before it causes material damage.  

That capability depends on multiple specialized AI models working together, not one LLM making every decision.

Organizations are embedding AI into development, business operations, and security workflows faster than most security programs can adapt. The risk is no longer limited to the model. It extends across prompts, data, identities, agents, memory, APIs, tools, permissions, and the trust relationships connecting them.

In my recent blog, Securing AI: Analysis of the Complete Security Stack with Governance and Controls, I outlined a defense-in-depth strategy spanning governance, identity, data security, secure development, runtime detection, autonomous containment, and recovery. The most urgent requirement across that architecture is the ability to understand how AI behaves in practice and contain it when that behavior becomes risky.  

Why non-deterministic systems require behavioral-based detection

Traditional controls remain foundational. Organizations need least privilege, strong identity controls, secure-by-design architecture, data governance, AI inventories, guardrails, testing, and clear boundaries on autonomy.

But deterministic controls, which assume predictable and repeatable behavior, cannot fully secure non-deterministic systems, where the same input may not always produce the same outcome.

AI agents can interpret the same instruction differently, chain individually authorized actions into an unsafe outcome, or pursue a legitimate goal through a method the organization did not anticipate. One of the most recent examples of this is the incident that OpenAI and Hugging Face jointly disclosed, where an autonomous agent escaped its intended testing boundaries and compromised Hugging Face infrastructure.  

An agent may have permission to access data and invoke a tool, but that does not mean every use of that access is appropriate. It is not enough to know whether an action is allowed. Organizations need to know whether it makes sense.

  • Is this normal for this agent?  
  • Is it acting within its intended purpose?  
  • Is it accessing unusual data, invoking an unexpected tool, or beginning to drift?  
  • Do a series of ordinary-looking actions become risky when viewed together?

Behavioral-based detection specific to an environment or organization with an understanding of context and risk enables provides the needed detection engineering for AI systems. It learns normal activity across people, systems, data, devices, and AI agents, then identifies deviations and evaluates their risk, intent, and context. This enables detection of misuse, abuse, compromise, manipulation, and unintended behavior even when no known attack signature or explicit policy violation exists.

Why accuracy is the foundation for SOC optimization

AI will only improve the SOC if it produces accurate, explainable, and actionable outcomes.

If analysts must manually validate every AI-generated finding because they cannot understand the evidence or confidence behind it, automation has not reduced workload. It has moved the workload. False positives increase fatigue. False negatives cause the most risk and damage to organizations. Inaccurate autonomous actions can disrupt critical operations.

Accuracy is therefore more than a model-performance metric. It is the prerequisite for analyst trust, SOC optimization, and safe autonomous response.

That accuracy is unlikely to come from one model.

Generative AI is valuable for natural-language analysis, summarization, and human interaction. But an LLM should not be the sole analytical engine for behavioral-based detection, investigation, risk assessment, and containment. Interpretability and consistency are required for high-consequence security decisions.

A stronger architecture uses multiple specialized AI systems collaboratively:  

  • Behavioral models can establish normal activity.  
  • Unsupervised learning can identify novel anomalies.  
  • Graph analysis can evaluate relationships among agents, identities, systems, and tools.  
  • Other models can correlate events, investigate competing hypotheses, and assess risk.  
  • Semantic models can analyze language where behavior-based language analysis is needed but this can be used in tandem with vector embeddings, graph neural networks, and a variety of other AI systems.

Each model contributes a different analytical perspective. Their outputs can corroborate one another, improving accuracy and creating a more reliable basis for response. The objective is not one model operating as an oracle. It is layered, adaptive intelligence designed to produce decisions the SOC can understand and trust.

Autonomous containment is required to secure autonomous systems

Many SOCs remain hesitant to trust LLM-based agents with autonomous containment. That concern is reasonable. A poorly selected response can isolate the wrong asset, stop a critical workflow, block a legitimate identity, or create more operational damage than the original incident.

But relying exclusively on human response is also not viable.

AI systems can operate at machine speed. They can expose sensitive data, execute workflows, modify records, call tools, or propagate actions across connected systems before an analyst can investigate and intervene. The behavior may be unintentional, the result of an agent optimizing toward a goal, or caused by misuse, compromise, prompt injection, or offensive AI.

Intent affects the investigation. It does not change the need to stop the damage.

Organizations need autonomous response, but it must be surgical and explainable. The objective is not to shut down an entire agent, user, application, or business process whenever an anomaly occurs. It is to interrupt the specific risky behavior: block an unusual connection, constrain a tool call, stop an abnormal data transfer, or temporarily limit an agent when it is performing anomalous, risky activity.  

That buys humans time. It stops the spread, limits damage, and allows the SOC to investigate without unnecessarily disrupting the business.

Layered, Adaptive AI provides a path forward

Darktrace has spent more than a decade researching and operationalizing layered, behavioral, Adaptive AI that learns a specific organization rather than relying only on historic attacks or predefined signatures.

The approach is designed to understand normal behavior, identify anomalous activity, assess its risk, correlate related events, autonomously investigate, and, when necessary, apply targeted containment while normal operations continue.

That sequence matters. Autonomous response cannot simply be added to the end of an LLM workflow. Trusted containment depends on broad visibility, continuous behavioral understanding, multiple analytical techniques, risk and context evaluation, autonomous investigation, explainability, and precise response actions.

This represents a more responsible model for security autonomy: not automation for its own sake, but controlled autonomy built to improve security outcomes and protect business operations.

Security must enable AI adoption

The answer for security teams is not to block AI. Organizations are adopting it to improve productivity, accelerate development, and create new business value.

But innovation without behavioral detection and autonomous containment is not sustainable.

Organizations should continue investing in governance, identity, least privilege, data security, secure MLOps, guardrails, testing, evaluation, validation, verification, kill switches, rollback, and forensic readiness. At the same time, they cannot wait for every governance program to mature before addressing runtime risk.

Behavioral-based detection and autonomous containment provide an immediate layer of resilience. They allow organizations to detect exploitation and risky AI behavior they did not anticipate, contain it at machine speed, and preserve human control over broader remediation.

The future of AI security will not be defined by a single model making every decision. It will be defined by multiple specialized AI systems working collaboratively, with sufficient accuracy, transparency, and context to support trusted autonomous action.

Surgical, explainable autonomous containment is no longer a future capability. It is a requirement for scaling AI securely today.

Learn how to build a defense-in-depth strategy for securing AI at scale in our talk at Black Hat on August 5 at 3:15 PM.  

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About the author
Nicole Carignan
SVP, Security & AI Strategy, Field CISO
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