2024-12-11
Report Says SEC Breach Reporting Rules Aren't Providing Much Useful Information
According to a report from BreachRX, the US Securities and Exchange Commission's (SECÕs) breach reporting rules are not doing much to improve incident transparency. The rules, which took effect late last year, require public companies to disclose 'material' cyber incidents within four days of detection, and to include information about their cybersecurity strategies in their annual reports. BreachRX examined 71 8-K filings and 400 10-K filings; they 'found confusion and caution on whether and when to file and a general failure to provide enough information that could effectively protect companies from future SEC enforcement actions.'
Editor's Note
There was a lot of industry comment on the first draft of the SEC disclosure regulations that led to these results. After all those comments, being 'baffled' by the rules is a real stretch, especially since companies have for years been dealing with the long-standing definition of what is or is not a 'material event' which a Supreme Court decision loads with loopholes on usefulness, as this FASB guidance points out: 'The shorthand in the accounting and auditing literature for this analysis is that financial management and the auditor must consider both "quantitative" and "qualitative" factors in assessing an item's materiality.'
John Pescatore
Beyond reporting the minimum information required by the SEC, companies need to consider what best suits their customers, despite an SEC filing being slated towards their investors/owners, which could be opposing requirements. This could be a case where industry develops best practices rather than waiting on regulators so they can balance these needs. I am a fan of transparent honest disclosure versus rumor and speculation which can be at best distracting and at worst cost business.
Lee Neely
This shouldn't come as a surprise to anyone. Company legal teams have had time to fully digest the rule changes and come up with common language to describe cyber incidents and what, if any, effect it may have on the company. They tend to err on the side of 'less is more' when it comes to communicating cyber incidents.
Curtis Dukes
To this observer it appears that businesses are reporting defensively without a finding of materiality. This may tend to bury any useful signal in noise.
William Hugh Murray
Read more in
Axios: SEC disclosure rules baffle companies, one year later
Cybersecurity Dive: SEC cyber incident reporting rule generates 71 filings in 11 months
Axios: Public companies face new SEC cyber reporting rules (July 28, 2023)
BreachRX: Cyber Rules & Regulations Research Report (CRRR) | 2024: The Year of SEC Cyber Rules