Evenifanattackerhasnointentionsofcausingphysicalharm,he
        
        
          or she may be interested in obtaining valuable corporate data,
        
        
          such as intellectual property, trade secrets or any other data
        
        
          that could be used for competitive advantage. Furthermore,
        
        
          even in instances where hackers have no interest in your
        
        
          company’s data whatsoever, they may nevertheless capitalize
        
        
          on human weaknesses in your system as a jumping-off point
        
        
          for other data systems. This is especially true for contractors,
        
        
          who may offer unanticipated avenues to other targets and is
        
        
          even more pertinent for those in the government contracting
        
        
          space, as they may have access to sensitive government
        
        
          information or capabilities.
        
        
          Also, construction companies house significant amounts
        
        
          of sensitive employee information, making it a path of least
        
        
          resistance for those looking for a simpler target. They do not
        
        
          care where they get their information. They only care that they
        
        
          get it, and they are patient. A recent survey showed that cyber-
        
        
          attackers went undetected for an average of 243 days.
        
        
          Moreover, even those construction businesses who do
        
        
          recognize the threat to the industry may be inclined to think
        
        
          that cybersecurity is solely an IT issue. However, preparing
        
        
          for – and responding to – a cyber-incident falls on the
        
        
          shoulders of many more than just IT or information security
        
        
          professionals. In fact, a successful incident response team
        
        
          consists of a multitude of cross-functional representatives
        
        
          in addition to IT and information security, such as legal,
        
        
          compliance, privacy, public relations, government affairs,
        
        
          audit, ethics, and business lines.
        
        
          No matter how secure or resilient a company’s system may
        
        
          be, perfect security does not exist. As many cybersecurity
        
        
          experts profess, “it is not a matter of
        
        
          
            if
          
        
        
          but
        
        
          
            when
          
        
        
          .” Thus,
        
        
          against the backdrop of the inevitable, the time to prepare
        
        
          for a cyber-incident is not while an attack is ongoing. A critical
        
        
          aspect of cybersecurity is preparedness.
        
        
          Below are some baseline steps
        
        
          members of the construction
        
        
          industry should be taking to ensure
        
        
          cyber-incident preparedness:
        
        
          »
        
        
          
            Incident Response Policies:
          
        
        
          It is absolutely critical to have a
        
        
          plan in place in the event a cyber-incident does take place.
        
        
          While traditional incident response and disaster recovery
        
        
          plans may serve as a rough guide, cyber-incidents pose
        
        
          specific threats that will not be adequately addressed by
        
        
          policies directed at incidents occurring on a more tangible
        
        
          level (such as natural disasters). So it is imperative that a
        
        
          policy be created specifically for a cyber-event that takes
        
        
          into consideration these specific characteristics.
        
        
          »
        
        
          
            Designated Leadership:
          
        
        
          An incident response policy is only
        
        
          effective if the people responsible for executing it understand
        
        
          their role and are able to fulfill their duties. Accordingly, there
        
        
          should be clearly designated roles for the varying aspects
        
        
          of the incident response process. In particular, there should
        
        
          be a pre-identified incident response team, with a single
        
        
          “incident command”who is in charge of the overall response
        
        
          process and who has real-time decision-making authority.
        
        
          Similarly, there should be designated points of leadership
        
        
          within functional departments tomanage the process in their
        
        
          respective areas. As mentioned, the incident response team
        
        
          should consist of representatives from all key stakeholders
        
        
          within the organization, and these roles and responsibilities
        
        
          should be clearly defined and memorialized in the incident
        
        
          response policy.
        
        
          »
        
        
          
            Communication Protocols:
          
        
        
          In order to respond in a timely
        
        
          and appropriate way in the event of a cyber-incident,
        
        
          employees must understand when and what needs to be
        
        
          communicated across departments. Any incident response
        
        
          policy should clearly articulate communication protocols
        
        
          and escalation procedures. Similarly, there should be clear
        
        
          guidelines regarding external communications, such as
        
        
          requiring that all third-party inquiries be routed through the
        
        
          public relations department and a strict prohibition against
        
        
          communicating about the incident to the outside world.
        
        
          »
        
        
          
            Employee Training:
          
        
        
          To ensure that incident response
        
        
          procedures are properly communicated, companies should
        
        
          conduct regular training with all employees. Training should
        
        
          not be limited to just those individuals directly involved
        
        
          in the incident response process but should be given to all
        
        
          employees. However, additional targeted training should be
        
        
          conducted with official Incident Response Teammembers.
        
        
          »
        
        
          
            Cyber-Exercises:
          
        
        
          The best form of training is through
        
        
          execution. Simulated cyber-exercises are the most
        
        
          effective method to ensure (1) incident response policies
        
        
          and procedures are sufficient and effective and (2) such
        
        
          procedures are readily understood across the organization.
        
        
          Cyber-exercises can help to identify unknown vulnerabili-
        
        
          ties or unanticipated gaps in process that may not be readily
        
        
          apparent on paper. Moreover, exercises allow companies
        
        
          to practice their response protocols for the first time in a
        
        
          A hacker with access to construction data could wreak
        
        
          havoc not only operationally but also through the physical
        
        
          destruction of data, servers and infrastructure as well as
        
        
          ultimately by threatening the safety of individuals on-site.
        
        
          In fact, such incidents can cause harm to an owner’s design
        
        
          and security systems.
        
        
          20       Building Washington
        
        
          LEGAL REVIEW