
The Lawfare Podcast
Lawfare Daily: Shoba Pillay and Jennifer Lee on the Dismissal of Charges Against the SolarWinds Corporation and Timothy Brown
Aug 21, 2024
Shoba Pillay, a partner at Jenner & Block and former federal prosecutor, and Jennifer Lee, a legal analyst and ex-Assistant Director in the SEC’s Division of Enforcement, delve into the recent court ruling involving the SolarWinds case. They dissect the SEC's dismissal of charges against the company and its CISO Timothy Brown, highlighting the challenges of cybersecurity governance and enforcement. The conversation reveals the implications for corporate accountability and the legal landscape as it evolves in response to cybersecurity threats.
36:05
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Quick takeaways
- The dismissal of certain charges against SolarWinds indicates a nuanced view of liability in cybersecurity-related enforcement actions by the SEC.
- The SolarWinds case could reshape future SEC cybersecurity strategies, emphasizing the distinction between regulatory compliance and actual security practices.
Deep dives
Overview of the SolarWinds Intrusion
The SolarWinds incident, often referred to as the Sunburst attack, involved a significant cyber intrusion where threat actors accessed SolarWinds' network and embedded malicious software into its Orion software updates. This breach affected approximately 18,000 of the 33,000 customers who installed the compromised updates, granting unauthorized access to sensitive networks, including major government agencies and private sector entities. The scale of this attack changed the landscape for supply chain cybersecurity, underscoring potential national security risks due to the sensitive data that could have been compromised. Notably, the attack illustrated how vulnerable even well-resourced organizations can be to sophisticated cyber threats.
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