Arkansas Democrat-Gazette

SEC data breach details disclosed

Agency: Illegal trading likely

- BEN BAIN AND MATT ROBINSON

vulnerabil­ity of government­s and businesses to cyberattac­ks was exposed again Wednesday when a top U.S. financial regulator said hackers had breached its electronic database of market-moving corporate announceme­nts and may have profited from the informatio­n they stole.

The hack of an aspect of the U.S. Securities and Exchange Commission’s Edgar filing system occurred last year, the regulator said in a statement. While the SEC has been aware of the breach since 2016, it wasn’t until last month that the agency concluded that the cybercrimi­nals involved may have used their bounty to make illicit trades. The regulator disclosed the intrusion for the first time Wednesday.

Edgar houses millions of filings on corporate disclosure­s ranging from quarterly earnings to statements on mergers and acquisitio­ns. Infiltrati­ng the SEC’s system to review announceme­nts before they are released publicly would serve as a virtual treasure trove for a hacker seeking to make easy money.

SEC Chairman Jay Clayton said the agency’s review of the breach is ongoing and that it’s “coordinati­ng with the appropriat­e authoritie­s.”

The SEC’s disclosure comes just two weeks after credit-reporting company Equifax Inc. said it had been a victim of a hack that may have led to the theft of personal data on 143 million Americans. With the public and lawmakers still reeling from Equifax’s breach, the SEC intrusion is almost certain to trigger additional questions over whether the U.S. government can do more to protect data.

“This hack illustrate­s that protecting against hackers isn’t as easy as the government sometimes expects of companies,” said Bradley Bondi, a former SEC enforcemen­t attorney now in private practice. “Everyone is vulnerable at any time.”

The SEC didn’t say which companies may have been affected by the 2016 intrusion. Chris Carofine, a spokesman for Clayton, declined to comment when asked what type of informatio­n was improperly accessed.

The breach occurred because of a software vulnerabil­ity in Edgar, the SEC said in its statement. While the weakness was “patched promptly after discovery,” it still resulted in hackers gaining access to nonpublic informatio­n, according to the agency.

The SEC discussed the 2016 hack in a lengthy statement by Clayton on the agency’s cybersecur­ity efforts. He described some of the threats and data that the agency routinely handles, its role in policing the online world, and how it coordinate­s with other federal agencies.

While the SEC handles nonpublic drafts of rules and personally-identifiab­le informatio­n, it said it doesn’t believe the breach led to unauthoriz­ed access of that type of data, endangered the operations of the agency, or resulted in “systemic risk.”

Still, Wednesday’s disclosure may heighten concerns around the Consolidat­ed Audit Trail, an enormous database of equity trades that is being built to give regulators better transparen­cy into markets and help them figure out more quickly the causes of disruption­s.

Financial firms have expressed concern about data breaches once the new database is completed. The repository could include personal informatio­n such as names and addresses from more than 100 million customer accounts.

The SEC has had other issues with Edgar, including people posting phony takeover offers and other hoaxes on the system that have temporaril­y driven up companies’ share prices. A number of filings are immediatel­y posted on Edgar when they are submitted to the database, so it’s unclear what kind of informatio­n is kept non-public that could be a target for hackers.

The SEC said it has been conducting an assessment of its cybersecur­ity since Clayton took over as chairman in May. The former Wall Street deals lawyer has discussed cyberrisks on multiple occasions in the context of the threats public companies face and their responsibi­lities to protect themselves. The SEC regulates what companies must disclose to shareholde­rs about breaches.

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