With the deadline for compliance with DFARS Clause 252.204-7012 having passed on December 31st 2017, many companies are still scrambling to catch up. But in their haste, many may be ignoring a vital aspect of the mandate.
Chiefly designed to ensure adequate security in safeguarding “covered defense information” (CDI), DFARS requires Department of Defense (DoD) contractors and subcontractors to implement controls to protect sensitive data “collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.”
However, it also includes clearly specified mandates for cyber incident reporting, when a contractor or subcontractor discovers that CDI has been compromised or adversely affected within their networks. In addition to safeguarding CDI, it is imperative that companies follow these prescribed reporting requirements if they experience a cyber incident.
Collecting information on cyber incidents allows the government to investigate key details in order to monitor and hopefully contain future cyber threats. As such, DFARS cyber incident reporting mandates are designed to assure businesses turn over this information quickly.
According to DFARS, a cyber incident is defined as “actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.” If you have determined that a cyber incident has taken place, then in accordance with the “Rapid Reporting” requirement you must:
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil within 72 hours of discovery.
The DFARS provision defines a compromise as the “disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.”
Although there has been some debate as to what reporting triggers define the start of the 72-hour timeframe, implementing a clear cyber incident response plan can create a track record of internal consistency that would prove responsibility if a contractor’s reporting methods were ever to be scrutinized.
A full list of what to report can be found on this page of the DoD’s DIB Cyber Incident Reporting & Cyber Threat Information Sharing Portal.
In the event that malicious software (malware) is found on a compromised system, the contractor must also collect information about the malware and submit it using a malware submission form to the DoD Cyber Crime Center (DC3) “in accordance with instructions provided by DC3 or the Contracting Officer.”
Preserve your media
The DoD may also choose to conduct a thorough post-incident investigation, also known as a damage assessment. To allow for this, they require companies that have been breached to “preserve and protect images of all known affected information systems” and “all relevant monitoring/packet capture data” for at least 90 days following the discovery of an intrusion.
Advice on reporting
Opening up the lines of communication with the DoD prior to any incident ensures that the process is less complicated and helps you to report in a timely fashion.
In addition, making sure your forensics tools and procedures meet the DoD collection requirements will also ensure that you’re able to quickly gather the required information and report all the pertinent details in full.
Preparation is key. Make sure to practice using your forensics collection procedures so you can quickly report and recover without missing a beat. It’s also important to note that any report of a cyber incident must have a DOD-approved medium assurance certificate. Information on how to obtain this certificate can be found at iase.disa.mil.
If you’re looking for someone to stay on top of your reporting so you don’t drop the ball, or if you just need further assistance understanding the complex process of reporting a cyber incident, Contact Cybersheath today for a free consultation.