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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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April 30, 2026

Mythos vs Ethos: Defending in an Era of AI‑Accelerated Vulnerability Discovery

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Anthropic’s Mythos and what it means for security teams

Recent attention on systems such as Anthropic Mythos highlights a notable problem for defenders. Namely that disclosure’s role in coordinating defensive action is eroding.

As AI systems gain stronger reasoning and coding capability, their usefulness in analyzing complex software environments and identifying weaknesses naturally increases. What has changed is not attacker motivation, but the conditions under which defenders learn about and organize around risk. Vulnerability discovery and exploitation increasingly unfold in ways that turn disclosure into a retrospective signal rather than a reliable starting point for defense.

Faster discovery was inevitable and is already visible

The acceleration of vulnerability discovery was already observable across the ecosystem. Publicly disclosed vulnerabilities (CVEs) have grown at double-digit rates for the past two years, including a 32% increase in 2024 according to NIST, driven in part by AI even prior to Anthropic’s Mythos model. Most notably XBOW topped the HackerOne US bug bounty leaderboard, marking the first time an autonomous penetration tester had done so.  

The technical frontier for AI capabilities has been described elsewhere as jagged, and the implication is that Mythos is exceptional but not unique in this capability. While Mythos appears to make significant progress in complex vulnerability analysis, many other models are already able to find and exploit weaknesses to varying degrees.  

What matters here is not which model performs best, but the fact that vulnerability discovery is no longer a scarce or tightly bounded capability.

The consequence of this shift is not simply earlier discovery. It is a change in the defender-attacker race condition. Disclosure once acted as a rough synchronization point. While attackers sometimes had earlier knowledge, disclosure generally marked the moment when risk became visible and defensive action could be broadly coordinated. Increasingly, that coordination will no longer exist. Exploitation may be underway well before a CVE is published, if it is published at all.

Why patch velocity alone is not the answer

The instinctive response to this shift is to focus on patching faster, but treating patch velocity as the primary solution misunderstands the problem. Most organizations are already constrained in how quickly they can remediate vulnerabilities. Asset sprawl, operational risk, testing requirements, uptime commitments, and unclear ownership all limit response speed, even when vulnerabilities are well understood.

If discovery and exploitation now routinely precede disclosure, then patching cannot be the first line of defense. It becomes one necessary control applied within a timeline that has already shifted. This does not imply that organizations should patch less. It means that patching cannot serve as the organizing principle for defense.

Defense needs a more stable anchor

If disclosure no longer defines when defense begins, then defense needs a reference point that does not depend on knowing the vulnerability in advance.  

Every digital environment has a behavioral character. Systems authenticate, communicate, execute processes, and access resources in relatively consistent ways over time. These patterns are not static rules or signatures. They are learned behaviors that reflect how an organization operates.

When exploitation occurs, even via previously unknown vulnerabilities, those behavioral patterns change.

Attackers may use novel techniques, but they still need to gain access, create processes, move laterally, and will ultimately interact with systems in ways that diverge from what is expected. That deviation is observable regardless of whether the underlying weakness has been formally named.

In an environment where disclosure can no longer be relied on for timing or coordination, behavioral understanding is no longer an optional enhancement; it becomes the only consistently available defensive signal.

Detecting risk before disclosure

Darktrace’s threat research has consistently shown that malicious activity often becomes visible before public disclosure.

In multiple cases, including exploitation of Ivanti, SAP NetWeaver, and Trimble Cityworks, Darktrace detected anomalous behavior days or weeks ahead of CVE publication. These detections did not rely on signatures, threat intelligence feeds, or awareness of the vulnerability itself. They emerged because systems began behaving in ways that did not align with their established patterns.

This reflects a defensive approach grounded in ‘Ethos’, in contrast to the unbounded exploration represented by ‘Mythos’. Here, Mythos describes continuous vulnerability discovery at speed and scale. Ethos reflects an understanding of what is normal and expected within a specific environment, grounded in observed behavior.

Revisiting assume breach

These conditions reinforce a principle long embedded in Zero Trust thinking: assume breach.

If exploitation can occur before disclosure, patching vulnerabilities can no longer act as the organizing principle for defense. Instead, effective defense must focus on monitoring for misuse and constraining attacker activity once access is achieved. Behavioral monitoring allows organizations to identify early‑stage compromise and respond while uncertainty remains, rather than waiting for formal verification.

AI plays a critical role here, not by predicting every exploit, but by continuously learning what normal looks like within a specific environment and identifying meaningful deviation at machine speed. Identifying that deviation enables defenders to respond by constraining activity back towards normal patterns of behavior.

Not an arms race, but an asymmetry

AI is often framed as fueling an arms race between attackers and defenders. In practice, the more important dynamic is asymmetry.

Attackers operate broadly, scanning many environments for opportunities. Defenders operate deeply within their own systems, and it’s this business context which is so significant. Behavioral understanding gives defenders a durable advantage. Attackers may automate discovery, but they cannot easily reproduce what belonging looks like inside a particular organization.

A changed defensive model

AI‑accelerated vulnerability discovery does not mean defenders have lost. It does mean that disclosure‑driven, patch‑centric models no longer provide a sufficient foundation for resilience.

As vulnerability volumes grow and exploitation timelines compress, effective defense increasingly depends on continuous behavioral understanding, detection that does not rely on prior disclosure, and rapid containment to limit impact. In this model, CVEs confirm risk rather than define when defense begins.

The industry has already seen this approach work in practice. As AI continues to reshape both offense and defense, behavioral detection will move from being complementary to being essential.

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April 27, 2026

How a Compromised eScan Update Enabled Multi‑Stage Malware and Blockchain C2

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The rise of supply chain attacks

In recent years, the abuse of trusted software has become increasingly common, with supply chain compromises emerging as one of the fastest growing vectors for cyber intrusions. As highlighted in Darktrace’s Annual Threat Report 2026, attackers and state-actors continue to find significant value in gaining access to networks through compromised trusted links, third-party tools, or legitimate software. In January 2026, a supply chain compromise affecting MicroWorld Technologies’ eScan antivirus product was reported, with malicious updates distributed to customers through the legitimate update infrastructure. This, in turn, resulted in a multi‑stage loader malware being deployed on compromised devices [1][2].

An overview of eScan exploitation

According to eScan’s official threat advisory, unauthorized access to a regional update server resulted in an “incorrect file placed in the update distribution path” [3]. Customers associated with the affected update servers who downloaded the update during a two-hour window on January 20 were impacted, with affected Windows devices subsequently have experiencing various errors related to update functions and notifications [3].

While eScan did not specify which regional update servers were affected by the malicious update, all impacted Darktrace customer environments were located in the Europe, Middle East, and Africa (EMEA) region.

External research reported that a malicious 32-bit executable file , “Reload.exe”, was first installed on affected devices, which then dropped the 64-bit downloader, “CONSCTLX.exe”. This downloader establishes persistence by creating scheduled tasks such as “CorelDefrag”, which are responsible for executing PowerShell scripts. Subsequently, it evades detection by tampering with the Windows HOSTS file and eScan registry to prevent future remote updates intended for remediation. Additional payloads are then downloaded from its command-and-control (C2) server [1].

Darktrace’s coverage of eScan exploitation

Initial Access and Blockchain as multi-distributed C2 Infrastructure

On January 20, the same day as the aforementioned two‑hour exploit window, Darktrace observed multiple devices across affected networks downloading .dlz package files from eScan update servers, followed by connections to an anomalous endpoint, vhs.delrosal[.]net, which belongs to the attackers’ C2 infrastructure.

The endpoint contained a self‑signed SSL certificate with the string “O=Internet Widgits Pty Ltd, ST=SomeState, C=AU”, a default placeholder commonly used in SSL/TLS certificates for testing and development environments, as well as in malicious C2 infrastructure [4].

Utilizing a multi‑distributed C2 infrastructure, the attackers also leveraged domains linked with the Solana open‑source blockchain for C2 purposes, namely “.sol”. These domains were human‑readable names that act as aliases for cryptocurrency wallet addresses. As browsers do not natively resolve .sol domains, the Solana Naming System (formerly known as Bonfida, an independent contributor within the Solana ecosystem) provides a proxy service, through endpoints such as sol-domain[.]org, to enable browser access.

Darktrace observed devices connecting to blackice.sol-domain[.]org, indicating that attackers were likely using this proxy to reach a .sol domain for C2 activity. Given this behavior, it is likely that the attackers leveraged .sol domains as a dead drop resolver, a C2 technique in which threat actors host information on a public and legitimate service, such as a blockchain. Additional proxy resolver endpoints, such as sns-resolver.bonfida.workers[.]dev, were also observed.

Solana transactions are transparent, allowing all activity to be viewed publicly. When Darktrace analysts examined the transactions associated with blackice[.]sol, they observed that the earliest records dated November 7, 2025, which coincides with the creation date of the known C2 endpoint vhs[.]delrosal[.]net as shown in WHOIS Lookup information [4][5].

WHOIS Look records of the C2 endpoint vhs[.]delrosal[.]net.
Figure 1: WHOIS Look records of the C2 endpoint vhs[.]delrosal[.]net.
 Earliest observed transaction record for blackice[.]sol on public ledgers.
Figure 2: Earliest observed transaction record for blackice[.]sol on public ledgers.

Subsequent instructions found within the transactions contained strings such as “CNAME= vhs[.]delrosal[.]net”, indicating attempts to direct the device toward the malicious endpoint. A more recent transaction recorded on January 28 included strings such as “hxxps://96.9.125[.]243/i;code=302”, suggesting an effort to change C2 endpoints. Darktrace observed multiple alerts triggered for these endpoints across affected devices.

Similar blockchain‑related endpoints, such as “tumama.hns[.]to”, were also observed in C2 activities. The hns[.]to service allows web browsers to access websites registered on Handshake, a decentralized blockchain‑based framework designed to replace centralized authorities and domain registries for top‑level domains. This shift toward decentralized, blockchain‑based infrastructure likely reflects increased efforts by attackers to evade detection.

In outgoing connections to these malicious endpoints across affected networks, Darktrace / NETWORK recognized that the activity was 100% rare and anomalous for both the devices and the wider networks, likely indicative of malicious beaconing, regardless of the underlying trusted infrastructure. In addition to generating multiple model alerts to capture this malicious activity across affected networks, Darktrace’s Cyber AI Analyst was able to compile these separate events into broader incidents that summarized the entire attack chain, allowing customers’ security teams to investigate and remediate more efficiently. Moreover, in customer environments where Darktrace’s Autonomous Response capability was enabled, Darktrace took swift action to contain the attack by blocking beaconing connections to the malicious endpoints, even when those endpoints were associated with seemingly trustworthy services.

Conclusion

Attacks targeting trusted relationships continue to be a popular strategy among threat actors. Activities linked to trusted or widely deployed software are often unintentionally whitelisted by existing security solutions and gateways. Darktrace observed multiple devices becoming impacted within a very short period, likely because tools such as antivirus software are typically mass‑deployed across numerous endpoints. As a result, a single compromised delivery mechanism can greatly expand the attack surface.

Attackers are also becoming increasingly creative in developing resilient C2 infrastructure and exploiting legitimate services to evade detection. Defenders are therefore encouraged to closely monitor anomalous connections and file downloads. Darktrace’s ability to detect unusual activity amidst ever‑changing tactics and indicators of compromise (IoCs) helps organizations maintain a proactive and resilient defense posture against emerging threats.

Credit to Joanna Ng (Associate Principal Cybersecurity Analyst) and Min Kim (Associate Principal Cybersecurity Analyst) and Tara Gould (Malware Researcher Lead)

Edited by Ryan Traill (Content Manager)

Appendices

Darktrace Model Detections

  • Anomalous File::Zip or Gzip from Rare External Location
  • Anomalous Connection / Suspicious Self-Signed SSL
  • Anomalous Connection / Rare External SSL Self-Signed
  • Anomalous Connection / Suspicious Expired SSL
  • Anomalous Server Activity / Anomalous External Activity from Critical Network Device

List of Indicators of Compromise (IoCs)

  • vhs[.]delrosal[.]net – C2 server
  • tumama[.]hns[.]to – C2 server
  • blackice.sol-domain[.]org – C2 server
  • 96.9.125[.]243 – C2 Server

MITRE ATT&CK Mapping

  • T1071.001 - Command and Control: Web Protocols
  • T1588.001 - Resource Development
  • T1102.001 - Web Service: Dead Drop Resolver
  • T1195 – Supple Chain Compromise

References

[1] https://www.morphisec.com/blog/critical-escan-threat-bulletin/

[2] https://www.bleepingcomputer.com/news/security/escan-confirms-update-server-breached-to-push-malicious-update/

[3] hxxps://download1.mwti.net/documents/Advisory/eScan_Security_Advisory_2026[.]pdf

[4] https://www.virustotal.com/gui/domain/delrosal.net

[5] hxxps://explorer.solana[.]com/address/2wFAbYHNw4ewBHBJzmDgDhCXYoFjJnpbdmeWjZvevaVv

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About the author
Joanna Ng
Associate Principal Analyst
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