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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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May 12, 2026

Resilience at the Speed of AI: Defending the Modern Campus with Darktrace

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Why higher education is a different cybersecurity battlefield

After four decades in IT, now serving as both CIO and CISO, I’ve learned one simple truth: cybersecurity is never “done.” It’s a constant game of cat and mouse. Criminals evolve. Technologies advance. Regulations expand. But in higher education, the challenge is uniquely complex.

Unlike a bank or a military installation, we can’t lock down networks to a narrow set of approved applications. Higher education environments are open by design. Students collaborate globally, faculty conduct cutting-edge research, and administrators manage critical operations, all of which require seamless access to the internet, global networks, cloud platforms, and connected systems.

Combine that openness with expanding regulatory mandates and tight budgets, and the balancing act becomes clear.

Threat actors don’t operate under the same constraints. Often well-funded and sponsored by nation-states with significant resources, they’re increasingly organized, strategic, and innovative.

That sophistication shows up in the tactics we face every day, from social engineering and ransomware to AI-driven impersonation attacks. We’re dealing with massive volumes of data, countless signals, and a very small window between detection and damage.

No human team, no matter how talented or how numerous, can manually sift through that noise at the speed required.

Discovering a force multiplier

Nothing in cybersecurity is 100% foolproof. I never “set it and forget it.” But for institutions balancing rising threats and finite resources, the Darktrace ActiveAI Security Platform™ offers something incredibly valuable: peace of mind through speed and scale.

It closes the gap between detection and response in a way humans can’t possibly match. At the speed of light, it can quarantine, investigate, and contain anomalous activity.

I’ve purchased and deployed Darktrace three separate times at three different institutions because I’ve seen firsthand what it can do and what it enables teams like mine to achieve.

I first encountered Darktrace while serving as CIO for a large multi-campus college system. What caught my attention was Darktrace's Self-Learning AI, and its ability to learn what "normal" looked like across our network. Instead of relying solely on static signatures or rigid rules, Darktrace built a behavioral baseline unique to our environment and alerted us in real time when something simply didn’t look right.

In higher education, where strict lockdowns aren’t realistic, that behavioral model made all the difference. We deployed it across five campuses, and the impact was immediate. Operating 24/7, Darktrace surfaced threats in ways our team couldn’t replicate manually.

Over time, the Darktrace platform evolved alongside the changing threat landscape, expanding into intrusion prevention, cloud visibility, and email security. At subsequent institutions, including Washington College, Darktrace was one of my first strategic investments.

Revealing the hidden threat other tools missed

One of the most surprising investigations of my career involved a data leak. Leadership suspected sensitive information from high-level meetings was being exposed, but our traditional tools couldn’t provide any answers.

Using Darktrace’s deep network visibility, down to packet-level data, we traced unusual connections to our CCTV camera system, which had been configured with a manufacturer’s default password. A small group of employees had hacked into the CCTV cameras, accessed audio-enabled recordings from boardroom meetings, and stored copies locally.

No other tool in our environment could have surfaced those connections the way Darktrace did. It was a clear example of why using AI to deeply understand how your organization, systems, and tools normally behave, matters: threats and risks don’t always look the way we expect.

Elevating a D-rating into a A-level security program

When I arrived at my last CISO role, the institution had recently experienced a significant ransomware attack. Attackers located  data  which informed their setting  ransom demands to an amount they knew would likely result in payment. It was a sobering example of how calculated and strategic modern cybercriminals have become.

Third-party cyber ratings reflected that reality, with a  D rating.

To raise the bar, we implemented a comprehensive security program and integrated layered defenses; -deploying state of the art tools and methods-  across the environment, with Darktrace at its core.

After a 90-day learning period to establish our behavioral baseline, we transitioned the platform into fully autonomous mode. In a single 30-day span, Darktrace conducted more than 2,500 investigations and autonomously resolved 92% of all false positives.

For a small team, that’s transformative. Instead of drowning in alerts, my staff focused on less than  200 meaningful cases that warranted human review.

Today, we maintain a perfect A rating from third-party assessors and have remained cybersafe.

Peace of mind isn’t about complacency

The effect of Darktrace as a force multiplier has a real human impact.

With the time reclaimed through automation, we expanded community education programs and implemented simulated phishing exercises. Through sustained training and awareness efforts, we reduced social engineering susceptibility from nearly 45% to under 5%.

On a personal level, Darktrace allows me to sleep better at night and take time off knowing we have intelligent systems monitoring and responding around the clock. For any CIO or CISO carrying institutional risk on their shoulders, that matters.

The next era: AI vs. AI

A new chapter in cybersecurity is unfolding as adversaries leverage AI to enhance scale, speed, and believability. Phishing campaigns are more personalized, impersonation attempts are more precise, and deepfake video technology, including live video, is disturbingly authentic. At the same time, organizations are rapidly adopting AI across their own environments —from GenAI assistants to embedded tools to autonomous agents. These systems don’t operate within fixed rules. They act across email, cloud, SaaS, and identity systems, often with broad permissions, and their behavior can evolve over time in ways that are difficult to predict or control.

That creates a new kind of security challenge. It’s not just about defending against AI-powered threats but understanding and governing how AI behaves within your environment, including what it can access, how it acts, and where risk begins to emerge.

From my perspective, this is a natural next step for Darktrace.

Darktrace brings a level of maturity and behavioral understanding uniquely suited to the complexity of AI environments. Self-Learning AI learns the normal patterns of each business to interpret context, uncover subtle intent, and detect meaningful deviations without relying on predefined rules or signatures. Extending into securing AI by bringing real-time visibility and control to GenAI assistants, AI agents, development environments and Shadow AI, feels like the logical evolution of what Darktrace already does so well.

Just as importantly, Darktrace is already built for dynamic, cross-domain environments where risk doesn’t sit in a single tool or control plane. In higher education, activity already spans multiple systems and, with AI, that interconnection only accelerates.

Having deployed Darktrace multiple times, I have confidence it’s uniquely positioned to lead in this space and help organizations adopt AI with greater visibility and control.

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Since authoring this blog, Irving Bruckstein has transitioned to the role of Chief Executive Officer of the Cyberaigroup.

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About the author
Irving Bruckstein
CEO CyberAIgroup

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May 11, 2026

The Next Step After Mythos: Defending in a World Where Compromise is Expected

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Is Anthropic’s Mythos a turning point for cybersecurity?

Anthropic’s recent announcements around their Mythos model, alongside the launch of Project Glasswing, have generated significant interest across the cybersecurity industry.

The closed-source nature of the Mythos model has understandably attracted a degree of skepticism around some of the claims being made. Additionally, Project Glasswing was initially positioned as a way for software vendors to accelerate the proactive discovery of vulnerabilities in their own code; however, much of the attention has focused on the potential for AI to identify exploitable vulnerabilities for those with malicious intent.

Putting questions around the veracity of those claims to one side – which, for what it’s worth, do appear to be at least partially endorsed by independent bodies such as the UK’s AI Security Institute – this should not be viewed as a critical turning point for the industry. Rather, it reflects the natural direction of travel.

How Mythos affects cybersecurity teams  

At Darktrace, extolling the virtues of AI within cybersecurity is understandably close to our hearts. However, taking a step back from the hype, we’d like to consider what developments like this mean for security teams.

Whether it’s Mythos or another model yet to be released, it’s worth remembering that there is no fundamental difference between an AI discovered vulnerability and one discovered by a human. The change is in the pace of discovery and, some may argue, the lower the barrier to entry.

In the hands of a software developer, this is unquestionably positive. Faster discovery enables earlier remediation and more proactive security. But in the hands of an attacker, the same capability will likely lead to a greater number of exploitable vulnerabilities being used in the wild and, critically, vulnerabilities that are not yet known to either the vendor or the end user.

That said, attackers have always been able to find exploitable vulnerabilities and use them undetected for extended periods of time. The use of AI does not fundamentally change this reality, but it does make the process faster and, unfortunately, more likely to occur at scale.

While tools such as Darktrace / Attack Surface Management and / Proactive Exposure Management  can help security teams prioritize where to patch, the emergence of AI-driven vulnerability discovery reinforces an important point: patching alone is not a sufficient control against modern cyber-attacks.

Rethinking defense for a world where compromise is expected

Rather than assuming vulnerabilities can simply be patched away, defenders are better served by working from the assumption that their software is already vulnerable - and always will be -and build their security strategy accordingly.

Under that assumption, defenders should expect initial access, particularly across internet exposed assets, to become easier for attackers. What matters then is how quickly that foothold is detected, contained, and prevented from expanding.

For defenders, this places renewed emphasis on a few core capabilities:

  • Secure-by-design architectures and blast radius reduction, particularly around identity, MFA, segmentation, and Zero Trust principles
  • Early, scalable detection and containment, favoring behavioral and context-driven signals over signatures alone
  • Operational resilience, with the expectation of more frequent early-stage incidents that must be managed without burning out teams

How Darktrace helps organizations proactively defend against cyber threats

At Darktrace, we support security teams across all three of these critical capabilities through a multi-layered AI approach. Our Self-Learning AI learns what’s normal for your organization, enabling real-time threat detection, behavioral prediction, incident investigation and autonomous response. - all while empowering your security team with visibility and control.

To learn more about Darktrace’s application of AI to cybersecurity download our White Paper here.  

Reducing blast radius through visibility and control

Secure-by-design principles depend on understanding how users, devices, and systems behave. By learning the normal patterns of identity and network activity, Darktrace helps teams identify when access is being misused or when activity begins to move beyond expected boundaries. This makes it possible to detect and contain lateral movement early, limiting how far an attacker can progress even after initial access.

Detecting and containing threats at the earliest stage  

As AI accelerates vulnerability discovery, defenders need to identify exploitation before it is formally recognized. Darktrace’s behavioral understanding approach enables detection of subtle deviations from normal activity, including those linked to previously unknown vulnerabilities.

A key example of this is our research on identifying cyber threats before public CVE disclosures, demonstrating that assessing activity against what is normal for a specific environment, rather than relying on predefined indicators of compromise, enables detection of intrusions exploiting previously unknown vulnerabilities days or even weeks before details become publicly available.

Additionally, our Autonomous Response capability provides fast, targeted containment focused on the most concerning events, while allowing normal business operations to continue. This has consistently shown that even when attackers use techniques never seen before, Darktrace’s Autonomous Response can contain threats before they have a chance to escalate.

Scaling response without increasing operational burden

As early-stage incidents become more frequent, the ability to investigate and respond efficiently becomes critical. Darktrace’s Cyber AI Analyst’s AI-driven investigation capabilities automatically correlate activity across the environment, prioritizing the most significant threats and reducing the need for manual triage. This allows security teams to respond faster and more consistently, without increasing workload or burnout.

What effective defense looks like in an AI-accelerated landscape

Developments like Mythos highlight a reality that has been building for some time: the window between exposure and exploitation is shrinking, and in many cases, it may disappear entirely. In that environment, relying on patching alone becomes increasingly reactive, leaving little room to respond once access has been established.

The more durable approach is to assume that compromise will occur and focus on controlling what happens next. That means identifying early signs of misuse, containing threats before they spread, and maintaining visibility across the environment so that isolated signals can be understood in context.

AI plays a role on both sides of this equation. While it enables attackers to move faster, it also gives defenders the ability to detect subtle changes in behavior, prioritize what matters, and respond in real time. The advantage will not come from adopting AI in isolation, but from applying it in a way that reduces the gap between detection and action.

AI may be accelerating parts of the attack lifecycle, but the fundamentals of defense, detection, and containment still apply. If anything, they matter more than ever – and AI is just as powerful a tool for defenders as it is for attackers.

To learn more about Darktrace and Mythos read more on our blog: Mythos vs Ethos: Defending in an Era of AI‑Accelerated Vulnerability Discovery

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About the author
Toby Lewis
Head of Threat Analysis
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