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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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17
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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March 5, 2026

Inside Cloud Compromise: Investigating Attacker Activity with Darktrace / Forensic Acquisition & Investigation

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Investigating cloud attacks with Darktrace/ Forensic Acquisition & Investigation

Darktrace / Forensic Acquisition & Investigation™ is the industry’s first truly automated forensic solution purpose-built for the cloud. This blog will demonstrate how an investigation can be carried out against a compromised cloud server in minutes, rather than hours or days.

The compromised server investigated in this case originates from Darktrace’s Cloudypots system, a global honeypot network designed to observe adversary activity in real time across a wide range of cloud services. Whenever an attacker successfully compromises one of these honeypots, a forensic copy of the virtual server's disk is preserved for later analysis. Using Forensic Acquisition & Investigation, analysts can then investigate further and obtain detailed insights into the compromise including complete attacker timelines and root cause analysis.

Forensic Acquisition & Investigation supports importing artifacts from a variety of sources, including EC2 instances, ECS, S3 buckets, and more. The Cloudypots system produces a raw disk image whenever an attack is detected and stores it in an S3 bucket. This allows the image to be directly imported into Forensic Acquisition & Investigation using the S3 bucket import option.

As Forensic Acquisition & Investigation runs cloud-natively, no additional configuration is required to add a specific S3 bucket. Analysts can browse and acquire forensic assets from any bucket that the configured IAM role is permitted to access. Operators can also add additional IAM credentials, including those from other cloud providers, to extend access across multiple cloud accounts and environments.

Figure 1: Forensic Acquisition & Investigation import screen.

Forensic Acquisition & Investigation then retrieves a copy of the file and automatically begins running the analysis pipeline on the artifact. This pipeline performs a full forensic analysis of the disk and builds a timeline of the activity that took place on the compromised asset. By leveraging Forensic Acquisition & Investigation’s cloud-native analysis system, this process condenses hour of manual work into just minutes.

Successful import of a forensic artifact and initiation of the analysis pipeline.
Figure 2: Successful import of a forensic artifact and initiation of the analysis pipeline.

Once processing is complete, the preserved artifact is visible in the Evidence tab, along with a summary of key information obtained during analysis, such as the compromised asset’s hostname, operating system, cloud provider, and key event count.

The Evidence overview showing the acquired disk image.
Figure 3: The Evidence overview showing the acquired disk image.

Clicking on the “Key events” field in the listing opens the timeline view, automatically filtered to show system- generated alarms.

The timeline provides a chronological record of every event that occurred on the system, derived from multiple sources, including:

  • Parsed log files such as the systemd journal, audit logs, application specific logs, and others.
  • Parsed history files such as .bash_history, allowing executed commands to be shown on the timeline.
  • File-specific events, such as files being created, accessed, modified, or executables being run, etc.

This approach allows timestamped information and events from multiple sources to be aggregated and parsed into a single, concise view, greatly simplifying the data review process.

Alarms are created for specific timeline events that match either a built-in system rule, curated by Darktrace’s Threat Research team or an operator-defined rule  created at the project level. These alarms help quickly filter out noise and highlight on events of interest, such as the creation of a file containing known malware, access to sensitive files like Amazon Web Service (AWS) credentials, suspicious arguments or commands, and more.

 The timeline view filtered to alarm_severity: “1” OR alarm_severity: “3”, showing only events that matched an alarm rule.
Figure 4: The timeline view filtered to alarm_severity: “1” OR alarm_severity: “3”, showing only events that matched an alarm rule.

In this case, several alarms were generated for suspicious Base64 arguments being passed to Selenium. Examining the event data, it appears the attacker spawned a Selenium Grid session with the following payload:

"request.payload": "[Capabilities {browserName: chrome, goog:chromeOptions: {args: [-cimport base64;exec(base64...], binary: /usr/bin/python3, extensions: []}, pageLoadStrategy: normal}]"

This is a common attack vector for Selenium Grid. The chromeOptions object is intended to specify arguments for how Google Chrome should be launched; however, in this case the attacker has abused the binary field to execute the Python3 binary instead of Chrome. Combined with the option to specify command-line arguments, the attacker can use Python3’s -c option to execute arbitrary Python code, in this instance, decoding and executing a Base64 payload.

Selenium’s logs truncate the Arguments field automatically, so an alternate method is required to retrieve the full payload. To do this, the search bar can be used to find all events that occurred around the same time as this flagged event.

Pivoting off the previous event by filtering the timeline to events within the same window using timestamp: [“2026-02-18T09:09:00Z” TO “2026-02-18T09:12:00Z”].
Figure 5: Pivoting off the previous event by filtering the timeline to events within the same window using timestamp: [“2026-02-18T09:09:00Z” TO “2026-02-18T09:12:00Z”].

Scrolling through the search results, an entry from Java’s systemd journal can be identified. This log contains the full, unaltered payload. GCHQ’s CyberChef can then be used to decode the Base64 data into the attacker’s script, which will ultimately be executed.

Decoding the attacker’s payload in CyberChef.
Figure 6: Decoding the attacker’s payload in CyberChef.

In this instance, the malware was identified as a variant of a campaign that has been previously documented in depth by Darktrace.

Investigating Perfctl Malware

This campaign deploys a malware sample known as ‘perfctl to the compromised host. The script executed by the attacker downloads a Go binary named “promocioni.php” from 200[.]4.115.1. Its functionality is consistent with previously documented perfctl samples, with only minor changes such as updated filenames and a new command-and-control (C2) domain.

Perfctl is a stealthy malware that has several systems designed  to evade detection. The main binary is packed with UPX, with the header intentionally tampered with to prevent unpacking using regular tools. The binary also avoids executing any malicious code if it detects debugging or tracing activity, or if artifacts left by earlier stages are missing.

To further aid its evasive capabilities, perfctl features a usermode rootkit using an LD preload. This causes dynamically linked executables to load perfctl’s rootkit payload before other system modules, allowing it to override functions, such as intercepting calls to list files and hiding output from the returned list. Perfctl uses this to hide its own files, as well as other files like the ld.so.preload file, preventing users from identifying that a rootkit is present in the first place.

This also makes it difficult to dynamically analyze, as even analysts aware of the rootkit will struggle to get around it due to its aggressiveness in hiding its components. A useful trick is to use the busybox-static utilities, which are statically linked and therefore immune to LD preloading.

Perfctl will attempt to use sudo to escalate its permissions to root if the user it was executed as has the required privileges. Failing this, it will attempt to exploit the vulnerability CVE-2021-4034.

Ultimately, perfctl will attempt to establish a C2 link via Tor and spawn an XMRig miner to mine the Monero cryptocurrency. The traffic to the mining pool is encapsulated within Tor to limit network detection of the mining traffic.

Darktrace’s Cloudypots system has observed 1,959 infections of the perfctl campaign across its honeypot network in the past year, making it one of the most aggressive campaigns seen by Darktrace.

Key takeaways

This blog has shown how Darktrace / Forensic Acquisition & Investigation equips defenders in the face of a real-world attacker campaign. By using this solution, organizations can acquire forensic evidence and investigate intrusions across multiple cloud resources and providers, enabling defenders to see the full picture of an intrusion on day one. Forensic Acquisition & Investigation’s patented data-processing system takes advantage of the cloud’s scale to rapidly process large amounts of data, allowing triage to take minutes, not hours.

Darktrace / Forensic Acquisition & Investigation is available as Software-as-a-Service (SaaS) but can also be deployed on-premises as a virtual application or natively in the cloud, providing flexibility between convenience and data sovereignty to suit any use case.

Support for acquiring traditional compute instances like EC2, as well as more exotic and newly targeted platforms such as ECS and Lambda, ensures that attacks taking advantage of Living-off-the-Cloud (LOTC) strategies can be triaged quickly and easily as part of incident response. As attackers continue to develop new techniques, the ability to investigate how they use cloud services to persist and pivot throughout an environment is just as important to triage as a single compromised EC2 instance.

Credit to Nathaniel Bill (Malware Research Engineer)

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Nathaniel Bill
Malware Research Engineer

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March 2, 2026

What the Darktrace Annual Threat Report 2026 Means for Security Leaders

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The challenge for today’s CISOs

At the broadest level, the defining characteristic of cybersecurity in 2026 is the sheer pace of change shaping the environments we protect. Organizations are operating in ecosystems that are larger, more interconnected, and more automated than ever before – spanning cloud platforms, distributed identities, AI-driven systems, and continuous digital workflows.  

The velocity of this expansion has outstripped the slower, predictable patterns security teams once relied on. What used to be a stable backdrop is now a living, shifting landscape where technology, risk, and business operations evolve simultaneously. From this vantage point, the central challenge for security leaders isn’t reacting to individual threats, but maintaining strategic control and clarity as the entire environment accelerates around them.

Strategic takeaways from the Annual Threat Report

The Darktrace Annual Threat Report 2026 reinforces a reality every CISO feels: the center of gravity isn’t the perimeter, vulnerability management, or malware, but trust abused via identity. For example, our analysis found that nearly 70% of incidents in the Americas region begin with stolen or misused accounts, reflecting the global shift toward identity‑led intrusions.

Mass adoption of AI agents, cloud-native applications, and machine decision-making means CISOs now oversee systems that act on their own. This creates an entirely new responsibility: ensuring those systems remain safe, predictable, and aligned to business intent, even under adversarial pressure.

Attackers increasingly exploit trust boundaries, not firewalls – leveraging cloud entitlements, SaaS identity transitions, supply-chain connectivity, and automation frameworks. The rise of non-human identities intensifies this: credentials, tokens, and agent permissions now form the backbone of operational risk.

Boards are now evaluating CISOs on business continuity, operational recovery, and whether AI systems and cloud workloads can fail safely without cascading or causing catastrophic impact.

In this environment, detection accuracy, autonomous response, and blast radius minimization matter far more than traditional control coverage or policy checklists.

Every organization will face setbacks; resilience is measured by how quickly security teams can rise, respond, and resume momentum. In 2026, success will belong to those that adapt fastest.

Managing business security in the age of AI

CISO accountability in 2026 has expanded far beyond controls and tooling. Whether we asked for it or not, we now own outcomes tied to business resilience, AI trust, cloud assurance, and continuous availability. The role is less about certainty and more about recovering control in an environment that keeps accelerating.

Every major 2026 initiative – AI agents, third-party risk, cloud, or comms protection – connects to a single board-level question: Are we still in control as complexity and automation scale faster than humans?

Attackers are not just getting more sophisticated; they are becoming more automated. AI changes the economics of attack, lowering cost and increasing speed. That asymmetry is what CISOs are being measured against.

CISOs are no longer evaluated on tool coverage, but on the ability to assure outcomes – trust in AI adoption, resilience across cloud and identity, and being able to respond to unknown and unforeseen threats.

Boards are now explicitly asking whether we can defend against AI-driven threats. No one can predict every new behavior – survival depends on detecting malicious deviations from normal fast and responding autonomously.  

Agents introduce decision-making at machine speed. Governance, CI/CD scanning, posture management, red teaming, and runtime detection are no longer differentiators but the baseline.

Cloud security is no longer architectural, it is operational. Identity, control planes, and SaaS exposure now sit firmly with the CISO.

AI-speed threats already reshaping security in 2026

We’re already seeing clear examples of how quickly the threat landscape has shifted in 2026. Darktrace’s work on React2Shell exposed just how unforgiving the new tempo is: a honeypot stood up with an exposed React was hit in under two minutes. There was no recon phase, no gradual probing – just immediate, automated exploitation the moment the code appeared publicly. Exposure now equals compromise unless defenses can detect, interpret, and act at machine speed. Traditional operational rhythms simply don’t map to this reality.

We’re also facing the first wave of AI-authored malware, where LLMs generate code that mutates on demand. This removes the historic friction from the attacker side: no skill barrier, no time cost, no limit on iteration. Malware families can regenerate themselves, shift structure, and evade static controls without a human operator behind the keyboard. This forces CISOs to treat adversarial automation as a core operational risk and ensure that autonomous systems inside the business remain predictable under pressure.

The CVE-2026-1731 BeyondTrust exploitation wave reinforced the same pattern. The gap between disclosure and active, global exploitation compressed into hours. Automated scanning, automated payload deployment, coordinated exploitation campaigns, all spinning up faster than most organizations can push an emergency patch through change control. The vulnerability-to-exploit window has effectively collapsed, making runtime visibility, anomaly detection, and autonomous containment far more consequential than patching speed alone.

These cases aren’t edge scenarios; they represent the emerging norm. Complexity and automation have outpaced human-scale processes, and attackers are weaponizing that asymmetry.  

The real differentiator for CISOs in 2026 is less about knowing everything and more about knowing immediately when something shifts – and having systems that can respond at the same speed.

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Mike Beck
Global CISO
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