On the heels of the concerning security incident experienced by FireEye [view related post], during the investigation of its own incident, FireEye discovered that multiple updates issued by SolarWinds, a cybersecurity firm that many governmental and private companies use to monitor networks, were “trojanized” and malware was inserted into the updates between March and May of 2020.

The malware allowed Russian operatives to hack into several governmental agencies, including the Departments of Homeland Security (DHS), State, National Institutes of Health, Commerce (National Telecommunications and Information Administration Office) and Treasury. In addition, it is reported that the Departments of Justice and Defense also were customers of SolarWinds. The DHS’s Cybersecurity and Infrastructure Security Agency (CISA) issued an emergency directive to all government agencies to disconnect and stop using SolarWinds.

This compromising situation is obviously concerning for national security, particularly when CISA’s Director Christopher Krebs was recently summarily dismissed and many other top leaders of the organization have departed when we most need strong leadership from the federal agency in charge of cybersecurity.

Unfortunately, the bad news doesn’t stop there. SolarWinds reported to the Securities and Exchange Commission this week that it believes that approximately 18,000 of its private company customers also could be affected by the malware.

Security experts are warning all private companies  to follow the CISA emergency directive to federal agencies and to disconnect and stop using SolarWinds until the details can be sorted out. Sound guidance for companies that use SolarWinds to mitigate risk until more information is available. It is important that executives and IT personnel be in close contact about whether the company uses SolarWinds and heed the CISA emergency directive to disconnect while the effects of the compromise are being determined.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.