Update on Cybersecurity for Critical Infrastructure: Enhanced Incident Response and Evolving Industry Standards | Polsinelli

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The Growing Cybersecurity Threat to Critical Infrastructure: A Call to Action

In an increasingly digital world, critical infrastructure facilities are facing unprecedented vulnerabilities to cybersecurity events. This year has seen a surge in cyberattacks targeting essential utilities, particularly in the energy sector—encompassing electricity, oil, natural gas, and renewables—as well as water and wastewater systems. These sectors are among the 16 deemed ‘critical’ by the U.S. government, underscoring their importance to national security and public safety.

Recent Cyberattacks: A Wake-Up Call

The urgency of addressing cybersecurity in critical infrastructure is highlighted by recent attacks in Texas, Kansas, and Europe. These incidents have included not only cyber intrusions but also physical assaults on water towers and treatment facilities. In Texas, for instance, attackers exploited industrial control system (ICS) interfaces, which are integral to operational technology (OT). Just two weeks ago, a major utility in this sector successfully activated its incident response protocols, demonstrating a proactive approach to cybersecurity that was notably absent during the Colonial Pipeline ransomware attack in 2021. That incident led to a state of emergency across 17 states and resulted in Colonial paying $4.4 million to cybercriminals to restore service.

Government Response: Enhancing Readiness

In April, government officials and cybersecurity firms began mandating improved readiness for critical infrastructure entities. The National Institute of Standards and Technology (NIST) issued new incident response recommendations that elevate incident response within existing risk management frameworks. These guidelines are crucial as they provide a structured approach to managing cyber threats, ensuring that organizations are not only prepared to respond but also to recover from incidents effectively.

National Cybersecurity Strategy 2.0

In May, the White House released its 2024 Report on the Cybersecurity Posture of the United States, updating the public on the progress of initiatives set forth in last year’s National Cybersecurity Strategy Implementation Plan. This report outlines current efforts, including trends in critical infrastructure, emerging technologies, and artificial intelligence (AI). It emphasizes that while progress has been made, the work is far from complete.

A significant addition to these efforts is the Critical Infrastructure Security Agency’s (CISA) AI roadmap, which aims to leverage AI to enhance cybersecurity capabilities. This roadmap seeks to protect AI systems from cyber threats while deterring the malicious use of AI against critical infrastructure.

The Role of Regulation and Guidance

Despite these advancements, concrete regulations and guidelines remain elusive. However, the passage of laws such as the Critical Infrastructure Reporting of Cybersecurity Incidents Act is expected to pave the way for new industry standards. For ICS and OT, there has been a sustained emphasis on recommended practices, including a prioritized set of sector-specific security practices known as Cybersecurity Performance Goals. CISA has made numerous tools and resources available to help entities enhance their cybersecurity programs.

Specific Guidance for Water and Wastewater Systems

In a notable development, the Environmental Protection Agency (EPA) recently released guidance aimed at improving cybersecurity in drinking water and wastewater systems. This comprehensive 39-page document includes specific resources to help organizations assess vulnerabilities and reduce risks from cyberattacks. The guidance encompasses a desktop software tool for evaluating security practices and provides a checklist of best practices for OT, including inventory management, authentication, and training recommendations.

The Importance of Tailored Incident Response Plans

At the 15th Annual National Cybersecurity Summit in Huntsville, Alabama, experts discussed the necessity of separate incident response plans for ICS and OT systems. Given that these systems often operate on different control systems, sensors, and interfaces, a one-size-fits-all approach is inadequate. Tailored incident response plans are essential for effectively addressing the unique challenges posed by these critical systems.

Conclusion: The Path Forward

As the landscape of cybersecurity continues to evolve, particularly for critical infrastructure, the need for robust industry standards and compliance frameworks becomes increasingly urgent. Experienced cybersecurity counsel can provide invaluable guidance on tailoring compliance efforts to meet governance requirements effectively.

To maximize effectiveness, partnerships between legal and technical professionals are essential. Technical experts can offer insights into how threat actor tactics, techniques, and practices impact operations, while legal professionals can ensure compliance with evolving regulations. In some cases, professionals with dual qualifications can provide a comprehensive approach to cybersecurity challenges.

In conclusion, the time for action is now. As cyber threats continue to grow in sophistication and frequency, critical infrastructure entities must prioritize cybersecurity to safeguard the systems that underpin our daily lives. By embracing proactive measures, fostering collaboration, and adhering to best practices, we can build a more resilient and secure future for our critical infrastructure.

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