U.S. intelligence agencies, including the FBI, the Office of the Director of National Intelligence, the National Security Agency and the Cybersecurity and Infrastructure Security Agency, have confirmed that Russia was behind the SolarWinds hack. It is reported that the FBI is investigating whether Russia hacked into project management software JetBrains’ TeamCity DevOps tool to originally plant its malware in SolarWinds Orion, causing a cascade of downstream opportunities for Russia to access numerous governmental agencies’ systems, as well as thousands of private company systems.

In the fall-out, the Department of Justice, which includes the FBI, the Drug Enforcement Agency and the U.S. Marshal’s Service, announced this week that 3 percent of its employees’ emails were compromised as a result of the SolarWinds hack. This is very concerning and shows the magnitude and seriousness of the incident.

In more disturbing news, Microsoft has confirmed that the hackers behind the SolarWinds incident were able to access its systems and that some of its source code was viewed by the hackers. Notably, Microsoft confirmed that the code was not modified and that the Russians did not access its products or services, including customer information.

Cybersecurity firms are offering free solutions for companies to use to identify the SUNBURST malware variant and whether they have been affected, including Palo Alto Networks and SentinelOne.

We will continue to see significant fall-out from this devastating incident. If your company has not assessed its risk of being affected by the SolarWinds hack, you may wish to consider devoting time and resources to help make that determination now

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.