United States: Internet Of Things (IoT) Security Takes Center Stage At FBI, DHS, NIST And Congress

Last Updated: November 25 2016
Article by Peter Stockburger

On October 21, 2016, a domain name service host and internet management company experienced at least two waves of a distributed denial of service (DDoS) attack that impacted at least 80 websites, including those belonging to Netflix, Twitter and CNN.  The attack was launched by infecting millions of American's Internet of Things (IoT) connected devices with a variation of the Mirai malware.  The Mirai malware primarily targets IoT devices such as routers, digital video records and webcams / security cameras by exploiting their use of default usernames and passwords and coordinating them into a botnet used to conduct DDoS attacks.  The U.S. Federal Bureau of Investigation (FBI) does not have confirmation of a group or individual responsible for the attack.  In September 2016, two of the largest IoT DDoS attacks using the same malware disrupted the operations of a gaming server and computer security blogger website.

In light of these attacks, there has been an increased focus on IoT security at the FBI, the U.S. Department of Homeland and Security (DHS), the National Institute of Standards and Technology (NIST) and Capitol Hill.

FBI Guidance

Five days after the October 21, 2016 attack, the FBI issued a Private Industry Notification, providing a list of precautionary measures stakeholders should take to mitigate "a range of potential DDoS threats and IoT compromise," including but not limited to:

  • Having a DDoS mitigation strategy ready ahead of time and keeping logs of any potential attacks;
  • Implementing an incident response plan that includes DDoS mitigation.  The plan may involve external organizations such as law enforcement;
  • Implementing a data back-up and recovery plan to maintain copies of sensitive or proprietary data in a separate and secure location;
  • Reviewing reliance on easily identified internet connections for critical operations, particularly those shared with public facing web servers;
  • Ensuring upstream firewalls are in place to block incoming UDP packets;
  • Changing default credentials on all IoT devices; and
  • Ensuring that software or firmware updates are applied as soon as the device manufacturer releases them.

A copy of the FBI Notification can be found here.

DHS Guidance

On November 15, 2016, the DHS issued its own non-binding guidance for prioritizing IoT security, aimed at IoT developers, IoT manufacturers, service providers, industrial and business-level consumers.  According to the DHS, there are six non-binding principles that, if followed, will help account for security as stakeholders develop, manufacture, implement or use network-connected devices.

Principle #1 – Incorporate Security at the Design Phase

The DHS notes that security should be evaluated as an integral component of any network-connected device.  Building security "in at the design phase reduces potential disruptions and avoids the much more difficult and expensive endeavor of attempting to add security to products after they have been developed and deployed."  To that end, the DHS suggests the following practices:

  • Enable security by default through unique, hard to crack default user names and passwords.
  • Build the device using the most recent operating system that is technically viable and economically feasible.
  • Use hardware that incorporates security features to strengthen the protection and integrity of the device.
  • Design with system and operational disruption in mind.

Principle #2 – Advance Security Updates and Vulnerability Management

Even when security is included at the design stage, vulnerabilities may be discovered in products after they have been sent to market.  The DHS notes these flaws can be mitigated through patching, security updates, and vulnerability management strategies.  Suggested practices include:

  • Consider ways to secure the device over network connections or through automated means.
  • Consider coordinating software updates among third-party vendors to address vulnerabilities and security improvements to ensure consumer devices have the complete set of current protections.
  • Develop automated mechanisms for addressing vulnerabilities.
  • Develop a policy regarding the coordinated disclosure of vulnerabilities, including associated security practices to address identified vulnerabilities.
  • Develop an end-of-life strategy for IoT products.

Principle #3 – Build on Proven Security Practices

According to the DHS, many tested practices used in traditional IT and network security can be applied to IoT, and can help identify vulnerabilities, detect irregularities, respond to potential incidents and recover from damage or disruption to IoT devices.  The DHS recommends NIST's framework for cybersecurity risk management, which has widely been adopted by private industry and integrated across sectors.  Other suggested practices include:

  • Start with basic software security and cyber security practices, and apply them to the IoT ecosystem in flexible, adaptive and innovative ways.
  • Refer to relevant Sector-Specific Guidance, where it exists, as a starting point from which to consider security practices (e.g., the National Highway Traffic Safety Administration recently released guidance on Cybersecurity Best Practices for Modern Vehicles and the Food and Drug Administration released draft guidance on Postmarket Management of Cybersecurity in Medical Devices).
  • Practice defense in depth.
  • Participate in information sharing platforms to report vulnerabilities and receive timely and critical information about current cyber threats and vulnerabilities from public  and private partners.

Principle #4 – Prioritize Security Measures According to Potential Impact

The DHS recognizes that risk models differ substantially across the IoT ecosystem, and the consequences of a security failure will vary significantly.  The DHS therefore recommends:

  • Knowing a device's intended use and environment, where possible;
  • Performing a "red-teaming" exercise where developers actively try to bypass the security measures needed at the application, network, data or physical layers; and
  • Identifying and authenticating the devices connected to the network, especially for industrial consumers and business networks.

Principle #5 – Promote Transparency Across IoT

Where possible, the DHS recommends that developers and manufacturers know their supply chain, and whether there are any associated vulnerabilities with the software and hardware components provided by vendors outside their organization.  This increased awareness could help manufacturers and industrial consumers identify where and how to apply security measures or build in redundancies.  Recommended practices include:

  • Conduct end-to-end risk assessments that account for both internal and third party vendor risks, where possible.
  • Consider the creation of a publicly disclosed mechanism for using vulnerability reports.
  • Consider developing and employing a software bill of materials that can be used as a means of building shared trust among vendors and manufacturers.

Principle #6 – Connect Carefully and Deliberately

The DHS notes that consumers, particularly in the industrial context, should "deliberately consider whether continuous connectivity is needed given the use of the IoT device and the risks associated with its disruption."  To that end, suggested practices include:

  • Advise IoT consumers on the intended purpose of any network connections
  • Making intentional connections.
  • Build in controls to allow manufacturers, service providers, and consumers to disable network connections or specific ports when needed or desired to enable selective connectivity.

A copy of the DHS guidance can be found here.

NIST Guidelines

On November 15, 2016, NIST released its own guidance advising IoT manufacturers and developers to implement security safeguards and to monitor those systems on a regular basis.  NIST is responsible for developing information security standards and guidelines, including minimum requirements for federal information systems.  The new NIST Special Publication 800-160 is the product of four years of research and development, and focuses largely on engineering actions that are required to ensure connected devices are able to prevent and recover from cyber attacks, and lays out dozens of technical standards and security principles for developers to consider.

A complete copy of the NIST guidance can be found here.

Congressional Hearing

One day after the DHS and NIST guidance was released, on November 16, 2016, the House Committee on Energy and Commerce's Subcommittee on Commerce, Manufacturing, and Trade and the Subcommittee on Communications and Technology held a hearing on "Understanding the Role of Connected Devices in Recent Cyber Attacks."  The witnesses were Dale Drew of Level 3 Communications, Kevin Fu of Virta Labs and the University of Michigan, and Bruce Schneier from the Berkman Klein Center at Harvard University.

The witnesses uniformly recommended that while the DDos attack in October was just on popular websites, and not critical infrastructure, attacks toward critical infrastructure, including public safety and hospital systems, are likely.  Each witness stressed the importance of addressing the vulnerabilities at the onset of developing technology, and urged greater oversight by lawmakers.

A video of this hearing can be found here.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
26 Sep 2018, Conference, New York, United States

Dentons is delighted to support a global IT services and consulting firm Miratech as an event host partner at their annual conference called M-Force18 New York on September 27th. The event will be held at Dentons New York office in the heart of Midtown Manhattan, opposite Rockefeller Center.

2 Oct 2018, Seminar, Dallas, United States

We are pleased to offer a program of five sessions designed specifically for in-house counsel. Topics will include:

  • In-house corporate ethical issues
  • What recent Supreme Court decisions mean for business
  • Keeping lawyers out of your benefit plans
  • Litigation tactics for in-house counsel
  • Employment issues in the age of #MeToo
Similar Articles
Relevancy Powered by MondaqAI
Wilson Elser Moskowitz Edelman & Dicker LLP
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Wilson Elser Moskowitz Edelman & Dicker LLP
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions