THE PRESIDENT’S NATIONAL SECURITY TELECOMMUNICATIONS ADVISORY COMMITTEE NSTAC Report to the President on Information and Communications Technology Mobilization November 19 2014 President’s National Security Telecommunications Advisory Committee TABLE OF CONTENTS EXECUTIVE SUMMARY ES-1 1 0 INTRODUCTION 1 1 1 Scoping Charge and Methodology 1 2 0 FOUNDATIONAL FINDINGS 3 2 1 Findings – Government Briefings 3 2 2 Findings – Industry Briefings 4 3 0 ANALYSIS FOCUS ON CONDITIONS FOR INCREASED COORDINATION 5 3 1 Current Operational Gaps 9 3 1 1 GREEN BLUE and YELLOW Levels 10 3 1 2 Operational Gaps Moving from YELLOW to ORANGE 11 3 1 3 Operational Gaps RED Stage 12 4 0 ANALYSIS FOCUS ON “CAPABILITIES” 13 4 1 Nature of ICT Enablers 14 5 0 ANALYSIS FOCUS ON OPERATIONAL FRAMEWORKS 17 5 1 Filling the Gap in Incident Management Leveraging ICT Enabler Capabilities 20 6 0 ANALYSIS FOCUS ON COORDINATED THRESHOLD ROLES 22 7 0 FINDINGS DERIVED FROM NSTAC ANALYSIS 25 8 0 PATH FORWARD 26 8 1 Implementing Operational Capabilities 30 9 0 CONCLUSION 30 10 0 RECOMMENDATIONS 31 Appendix A MEMBERSHIP A-1 Appendix B ACRONYMS B-1 Appendix C GLOSSARY C-1 Appendix D LIST OF HISTORICAL EVENTS D-1 Appendix E ICASI BACKGROUND E-1 Appendix F PREVIOUS NSTAC RECOMMENDATIONS F-1 Appendix G FINDINGS G-1 Appendix H BIBLIOGRAPHY H-1 NSTAC Report to the President on Information and Communications Technology Mobilization i President’s National Security Telecommunications Advisory Committee EXECUTIVE SUMMARY “Cyber threats pose one of the gravest national security dangers that the United States faces… I t’s clear that much more work needs to be done to enhance our cybersecurity America’s economic prosperity national security and our individual liberties depend on our commitment to securing cyberspace and maintaining an open interoperable secure and reliable Internet Our critical infrastructure continues to be at risk from threats in cyberspace and our economy is harmed by the theft of our intellectual property Although the threats are serious and they constantly evolve I believe that if we address them effectively we can ensure that the Internet remains an engine for economic 1 growth and a platform for the free exchange of ideas ” – President Barack Obama In February 2014 the National Institute of Standards and Technology NIST released a Cybersecurity Framework highlighting best practices and standards across the categories of identify protect detect respond and recover to assist organizations with better managing cyber risk to our critical infrastructure The year-long development of the Cybersecurity Framework reflected the changing environment within which the Nation operates an environment where threats both natural and man-made could threaten the “engine for economic growth and platform for the free exchange of ideas ”2 The evolving cybersecurity threat landscape is increasingly complex and poses challenges of an unprecedented magnitude Studies estimate that global crime extracts 15-20 percent of the value created by the Internet $375 billion and that cybercrime is approximately 0 64 percent of U S GDP $107 billion 3 At the same time 33 nations include cyber warfare in their military planning and organization and “some states include specific plans for informational and political operations ”4 Further complicating the environment are other sophisticated threat actors including cyber terrorists organized crime and “hacktivist” groups such as Anonymous While most media attention focuses on criminal and nation-state actors catastrophic natural events such as disruptions in space or weather add an additional layer of complexity and could also lead to a national security event with a cyber component Industry in general and the President’s National Security Telecommunications Advisory Committee NSTAC members’ companies in particular are aware of and responding to this challenging reality making constant improvements to better identify protect detect respond to and recover from cyber events and investing in people processes and technology innovation to deliver network and system resilience and protect customers In the course of examining historic cyber events the NSTAC noted that what were formerly considered high-profile events are now routinely treated as “business as usual ” However the evolving cyber risk environment may soon present national and economic security challenges that test industry’s capability to respond alone requiring the Nation to evolve strengthen and clarify roles in the essential partnership between the private sector and Government While Government and industry have developed or are currently advancing or evolving programs practices and methodologies to share threat 1 White House Statement by the President on the Cybersecurity Framework February 2 2014 www whitehouse gov the-press-office 2014 02 12 statement-president-cybersecurity-framework 2 Ibid 3 Center for Strategic and International Studies CSIS Net Losses Estimating the Global Cost of Cybercrime June 2014 http csis org files attachments 140609_rp_economic_impact_cybercrime_report pdf 4 James A Lewis and Katrina Timlin “Cybersecurity and Cyberwarfare Preliminary Assessment of National Doctrine and Organization ” CSIS 2011 NSTAC Report to the President on Information and Communications Technology Mobilization ES-1 President’s National Security Telecommunications Advisory Committee information there exists no effective methodology that currently supports the rapid mobilization and coordination of critical commercial sector assets to respond to a large-scale incident of national security concern To address this national security and emergency preparedness NS EP communications need the National Security Council of the Executive Office of the President asked the NSTAC to Identify conditions triggers thresholds and situations that might require increased operational coordination across industry as well as between industry and Government Identify critical commercial assets functions and or capabilities that if operationally coordinated would be helpful or are necessary to respond to a cyber-related event of national significance Recommend an operational framework that 1 allows for agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response and 2 guides informs and prioritizes response across the full spectrum of NS EP events with cyber implications and Identify an operational structure or construct to coordinate assets at each threshold considered detailing which entities would exercise what roles as well as suggested approaches for training and exercises of such contingencies Numerous NSTAC reports to the President address operational coordinated Governmentindustry activity in support of NS EP goals One of these reports led to the creation of the National Coordinating Center for Telecommunications 1984 More recently the NSTAC’s Cybersecurity Collaboration Report was instrumental in addressing the environment and capabilities now evidenced by the Information Sharing and Analysis Centers referenced throughout this report 5 In this tasking the NSTAC is specifically focused on addressing how commercial capabilities or functions could be operationally coordinated to address a national security event with a cyber component While current information sharing and collaboration across the total national cybersecurity enterprise remains unfinished work this is not the NSTAC’s focus Instead the NSTAC was specifically asked to focus on Government-industry collaboration at the highest levels of threat and national emergency In addition the NSTAC did not address laws associated with current information sharing or large-scale cyber incident response The NSTAC is fully aware of concerns associated with legal limitations regarding information sharing as well as uncertainties associated with Government’s authority to provide the waivers or indemnifications that might be necessary to support cyber incident response in extremis At the outset the NSTAC tasking excluded an analysis of legal authorities since a determination of the operational efficacy of the NSTAC’s recommendations would be a pre-requisite to an examination of legal authority In this report the NSTAC outlines a unified risk assessment approach that suggests when increased operational coordination within industry as well as between industry and Government might be required and highlights the level of Government support and collaboration in a five5 NSTAC Cybersecurity Collaboration Report Strengthening Government and Private Sector Collaboration Through a Cyber Incident Detection Prevention Mitigation and Response Capability May 2009 Available at https www dhs gov sites default files publications NSTAC%20CCTF%20Report pdf NSTAC Report to the President on Information and Communications Technology Mobilization ES-2 President’s National Security Telecommunications Advisory Committee level cyber condition graphic The NSTAC finds that certain information and communications technology ICT functions are likely necessary to support incident management for large-scale cyber events Those functions are provided by a diverse set of organizations referred to as ICT enablers The NSTAC provides insights into characteristics of the ICT enablers and highlights some of the unique challenges facing the global ICT enabler community while norms for behavior are being developed Finally the NSTAC provides a notional template for how the ICT enablers could collaborate with each other as well as how ICT-enabler support might be integrated into current national cyber incident response plans and response bodies Given the delicate state of international dialogue on Government and industry ICT activities it became increasingly clear throughout the NSTAC examination and development of this report that industry mobilization activities particularly those directed by or in coordination with a national Government must be as transparent inclusive and respectful of the complexities of the global economy as feasible Many of the companies that would be critical to a successful mobilization framework both U S -based and foreign-owned are multi-national corporations with significant international business operations valid concerns surrounding the nature of that collaboration could undermine the ability of those companies to operate globally The resulting reduced competiveness within the global ICT industry has a measureable negative impact both domestically and globally At the levels contemplated any ICT mobilization truly becomes an international undertaking with global implications and consequences given the interconnected nature of the cyber ecosystem the global distribution of cyber ecosystem functions and capabilities and the decentralized operations of cyber bad actors Consequently successful cyber response must be a multi-stakeholder multi-jurisdictional endeavor With these challenges in mind and during its deliberations the NSTAC frequently articulated a number of principles to guide the appropriate interaction of industry and Government during mobilization activities These principles are not limited to the U S Government in fact these principles may provide a solid foundation to guide Government-industry cyber response planning in any forum worldwide Governments should not interfere with industry cyber risk management objectives and actions and should limit requests for industry action to preservation protection defensive or sustainment objectives Governments should consider the international nature of the cyber ecosystem when examining response actions and should collaborate with other governments on mobilization objectives and actions and Government should consult with industry on mobilization objectives and actions to the extent industry could be involved or implicated With these principles in mind the NSTAC found that between “business-as-usual” cyber response and “national emergency” response there lies a transitional zone wherein closelycoordinated information flow and actions would likely help to contain developing crises minimize duration and impact and accelerate return to normal operations At the extreme it is also possible to envision some set of conditions events or circumstances—in isolation or linked to geopolitical or economic events—where Government direction may be needed in order to ensure continuity of Government and the national economy and to mitigate damage In the absence of a clear understanding of what must be preserved protected or recovered in a cyber NSTAC Report to the President on Information and Communications Technology Mobilization ES-3 President’s National Security Telecommunications Advisory Committee event of national significance however it is difficult to meet the full objectives of the ICT mobilization tasking The NSTAC recognizes certain limitations in its own ability to progress beyond this design phase Principal among these limitations is the fact that the discussions necessary to complete the tasking will require great sensitivity Further these discussions must include both representatives of the ICT enablers and Government representatives from across the national security domain As presently constituted the NSTAC cannot adequately represent all the ICT enabler domains To that end the NSTAC recommends a path and process detailed within this report to meet the last objectives of the initial tasking to better guide inform and prioritize response across the full spectrum of NS EP events with cyber implications and to identify an operational structure to coordinate assets at each threshold considered detailing which entities would exercise what roles as well as suggested approaches for training and exercises of such contingencies The NSTAC recommends the President take the following actions to ensure the Nation is prepared to manage a cyber-related event of national significance Identify and convene a representative group of organizational representatives reflecting the defined ICT functions as described herein and national security organizations of Government — Appoint a suitable Federal official to coordinate and facilitate the work of this group — Charge the group to describe mutual national priorities and objectives for protection prioritization and or recovery and to define in actionable detail the actions options authorities statutory provisions indemnifications information flow waivers and other processes specific to requesting resources from both Government and industry for those circumstances — Having thus defined the national priorities and objectives identify the key functions and related stakeholders necessary to support them and the specific events conditions circumstances and or actions which will serve to trigger and invoke the protections defined above — Conduct an analysis of current NS EP legal and policy authorities implicated by the identified national priorities and associated actions as identified above To the extent current legal frameworks do not provide sufficient authorities to meet NS EP goals identify the maximum capabilities currently supported by law thus establishing current operational boundaries and produce a report identifying changes in current laws that would facilitate the level of coordinated protections desired — Examine existing response frameworks mechanisms bodies and constituencies and adapt expand or revise them as appropriate to meet recommended ICT response capabilities Create a comprehensive training education and exercise regime designed to enhance and maintain readiness by all Government and industry participants in this program — Develop a timeline for introduction and testing of these procedures in progressively- NSTAC Report to the President on Information and Communications Technology Mobilization ES-4 President’s National Security Telecommunications Advisory Committee complex and large-scale exercises leading to involvement in the National Exercise Program and National-Level Exercises as soon as practicable — Provide processes to examine feedback and exercise lessons learned in order to revise and refine procedures as appropriate and as threat conditions evolve — Establish accountability and ownership across the Federal Government for follow-up on lessons learned and identified gaps to produce an improvement plan a plan of action and milestones and to create a methodology for testing those improvements in succeeding exercises Develop global norms for national cyber response in partnership with industry incorporating industry expertise and experience to the maximum extent possible NSTAC Report to the President on Information and Communications Technology Mobilization ES-5 President’s National Security Telecommunications Advisory Committee 1 0 INTRODUCTION 1 1 Scoping Charge and Methodology In November 2013 the Executive Office of the President requested the President’s National Security Telecommunications Advisory Committee NSTAC examine the implications of the operational coordination of critical commercial assets or capabilities to facilitate a coordinated information and communications technology ICT response to a cyber-related event of national significance In May 2014 the NSTAC concluded its scoping effort and determined that the policy and doctrine needed to govern a response to cyber events of national significance are incomplete Furthermore the effort found that there was a need for and benefits from developing a national ICT response coordination capability The NSTAC indicated it would further examine three fundamental areas 1 the conditions triggers and thresholds for increased coordination across industries as well as between industry and Government 2 a methodology and process for identifying assets functions and or capabilities and 3 an operational framework and operational structure for this coordination effort Specifically the NSTAC determined that it would Research and identify conditions triggers thresholds and situations that might require increased operational coordination across industry as well as between industry and Government Research and recommend a methodology by which Government and industry can identify critical commercial assets functions and or capabilities that if operationally coordinated would be helpful or are necessary to respond to a cyber-related event of national significance Research and recommend an operational framework that 1 allows for agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response and 2 guides informs and prioritizes response across the full spectrum of national security and emergency preparedness NS EP events with cyber implications and Identify an operational structure or construct to coordinate assets at each threshold considered detailing which entities would exercise what roles as well as suggested approaches for training and exercises of such contingencies Through the course of the initial scoping effort the NSTAC received a number of Government briefings on plans exercises programs and policies associated with this topic including 1 the Department of Homeland Security’s DHS Cyber Capabilities Planning Framework 2 the interim draft National Cyber Incident Response Plan NCIRP 3 the Cyber Storm Exercise Series 4 the 2012 National Level Exercise and 5 the Civil Reserve Air Fleet Program During the scoping effort the subcommittee also recognized that if a cyber-related event of national significance occurred there may be international implications the Government may have unique authorities necessary to address the issues and citizens may expect their Government to act and even lead That said the capabilities necessary to develop and implement an effective response would largely reside within the private sector NSTAC Report to the President on Information and Communications Technology Mobilization 1 President’s National Security Telecommunications Advisory Committee As such the activities during the research phase first focused on current industry practices and how industry engages with Government for support or assistance at less extreme levels to respond to cyber events In particular the subcommittee assessed if the private sector could mobilize collectively on its own and if so what triggered industry self-mobilization and if this mobilization was sufficient If mobilization gaps existed the NSTAC assessed if there were further steps industry could take to improve this capability The NSTAC then turned its focus to the touch-points or intersections where Government support collaboration or coordination better enabled private sector response During this stage the NSTAC sought to determine if there were barriers to private sector response activities that Government might remove upon request how industry could make these requests and to whom as well as what type of support industry might ask of Government in particular the NSTAC considered regulatory relief indemnification public outreach and education and international coordination The NSTAC recognized these as several potential tools available to help the Nation approach strategic cyber defense policies The NSTAC also considered if there were triggers that might lead Government to request industry mobilization and if there were triggers or thresholds after which the presumption of “industry-led mitigation with Government support” might become “Government-led mitigation with industry support ” The synthesis of these two stages of review permitted the NSTAC to understand how industry and Government respond to cyber-related crises within their own domains powers and capabilities In so doing the NSTAC identified opportunities to enhance these respective approaches by viewing national cyber defense holistically This report provides recommendations towards these ends To inform its research the NSTAC received briefings from subject matter experts representing Government and industry on different topics including Industry incident response capabilities at the company Information Sharing and Analysis Center ISAC and trust-group levels How past cyber incidents were addressed by industry the National Cybersecurity and Communications Integration Center NCCIC and the Cyber Unified Coordination Group UCG The emerging role of the National Guard in support of the Department of Defense’s DOD domestic cyber defense strategies A baseline understanding of what Government might consider important to protect or recover in the aftermath of a cyber event of national significance and The role of the private sector response in creating an environment of cyber deterrence and stability globally In addition the NSTAC was briefed on findings from a cyber exercise conducted by the National Council of ISACs through the course of this initiative These briefings and the NSTAC’s discussion provided the foundation for the foundational findings and analysis outlined below NSTAC Report to the President on Information and Communications Technology Mobilization 2 President’s National Security Telecommunications Advisory Committee 2 0 FOUNDATIONAL FINDINGS During the scoping and research phase the NSTAC engaged subject matter experts across a broad community of industries as well as cybersecurity experts from the Federal Government to receive additional knowledge and insights regarding cyber incident response and mitigation practices As a result of its examination of both the Government and industry current practices to addressing cyber threats the NSTAC identified a number of findings highlighted below These findings provided the foundation for the NSTAC to recommend the conditions triggers and thresholds for increased coordination a methodology and process for identifying assets functions and or capabilities and an operational framework or structure for coordination and collaboration during a cyber event of national significance 2 1 Findings – Government Briefings The NSTAC identified the following findings from Government briefings Substantive progress has been made within Government to more effectively coordinate with each other and with industry While the United States is working with international allies to examine the challenge of blended international networks or assets the protocols or doctrine associated with cyber response for U S interests located internationally are unclear The goal of creating a common operating framework for Government and industry remains elusive This limits Government’s and industry’s ability to assess impacts and develop an effective response strategy Recent cyber exercises consistently highlight weaknesses in the current interim draft NCIRP such as — There are no defined thresholds for what constitutes a cyber event of national significance — There are no definitive guidelines on how to respond to a cyber incident — The interim draft NCIRP is Government-centric and does not articulate how activities and capabilities between the private sector and Government can be coordinated for a unity-of-effort and — The current Cyber UCG process does not lend itself to the development of response mitigations in a timeframe necessary to mitigate a cyber incident of national significance Government response support plans are generally built upon geographic or national boundaries though cyber events are not bound by the geographic jurisdictions The Government considers the primary role of the private sector is to serve as a first responder during cyber incidents The ability of the private sector e g ISACs to aggregate and correlate like incidents is considered foundational to cyber awareness and the creation of a common operating framework The Government has identified what it considers to be the Nation’s most cyber-dependent critical infrastructures under Section 9 of Executive Order EO 13636 Improving Critical Infrastructure Cybersecurity It has begun to mature identifying high-level cyber NSTAC Report to the President on Information and Communications Technology Mobilization 3 President’s National Security Telecommunications Advisory Committee functions—in both the private sector and Government—that should be the focus of protection or restoration efforts before during or after a cyber incident The interim draft NCIRP identifies the Cyber UCG as the interagency and interorganizational coordination body that incorporates public and private sector officials to collaborate identification protection detection response and recovery actions in a significant cyber incident however current UCG industry and Government participation needs to mature from a situational awareness body to one that can form action-oriented incident management teams The DHS Cyber Capabilities Planning Framework provides an initial means to identify and organize cyber-related capabilities across the Government and the private sector With the exception of enterprise-level requests for technical assistance it is not clear how industry would request Government capabilities to address a national security event with a cyber component The National Security Council has identified four gaps in the Government’s ability to effectively execute cyber response including 1 understanding and identifying the kind of response options and capabilities and courses of action industry has 2 receiving private sector corroboration of threats and a perspective on the potential consequence of threats 3 knowing private sector’s current posture and ability to handle threats and 4 identifying what the private sector might expect request or need from Government to address threats 2 2 Findings – Industry Briefings The NSTAC identified the following findings from industry briefings In general industry cyber response is built upon the foundation of incident response at the enterprise i e corporate information technology IT asset level The enterprise response capabilities are a function of enterprise and their vendor capabilities At a high level the step-phases for current industry response protocol include — If an enterprise detects and cannot mitigate an incident then optimally the enterprise seeks information and or support from similar enterprise entities within their sector through an ISAC or trust group In addition enterprises optimally report on incidents they were able to mitigate through their ISACs for dissemination to sector and crosssector peers The sector-ISAC or trust group serves several functions o The ISAC acts as an information-sharing and support mechanism for the impacted enterprise o It aggregates and correlates instances of incidents within the sector and acts as a conduit to other sector ISACs for support if required o The ISAC generally acts as the point for notification to Government e g NCCIC if potential or actual impacts are likely to implicate other entities within that sector or may affect other sectors or if there are impacts within the sector that are occurring in more than one geographic region o ISACs act as the NCCIC’s primary point for information dissemination if the NCCIC needs to send information to a specific sector s and NSTAC Report to the President on Information and Communications Technology Mobilization 4 President’s National Security Telecommunications Advisory Committee o ISACs share and disseminate information through the National Council of ISACs Based on the criticality and scale of the potential impact on the sector it is possible that a sector issue may rise to a level warranting national attention — If multiple sector ISACs report potential or actual impacts related to the original incident then this issue may rise to a level warranting national attention Some entities belong to more than one ISAC which also provides some level of multi-sector awareness While ISACs provide correlated information sharing for the benefit of enterprises within their sector their ability to correlate enterprise-related threat information among and between the sector-ISACs is limited and needs to be enhanced While the framework for the UCG contemplated representation from each of the 16 critical infrastructure sectors not all sectors are represented Representation of all 16 critical infrastructure sectors was perceived as a means to ensure early situational awareness of potential sector impacts In addition as structured the Cyber UCG is not sufficiently agile or effective in responding to incidents With the exception of coordinated law enforcement activities private sector entities have driven historical cyber response events Therefore mobilization efforts should remain aligned with industry as the first responder should meet the privacy security and trust concerns of industry and should focus on developing a unity-of-effort approach between industry and Government While there is inter-sector cyber correlation and coordination the goal of a joint integrated and cross-sector information sharing and analysis capability to produce timely reliable and actionable situational awareness remains elusive and must be enhanced 3 0 ANALYSIS FOCUS ON CONDITIONS FOR INCREASED COORDINATION Listed in Section 1 1 this section addresses the NSTAC’s “Research and identification of conditions triggers thresholds and situations that might require increased operational coordination across industry as well as between industry and Government ” In the analysis to identify conditions triggers thresholds and situations that might require increased operational coordination across industry as well as industry and Government the NSTAC reviewed more than 20 historical cyber events as well as six events of potentially high impact 6 The NSTAC leveraged the NCCIC Critical Information Requirements CIR Impact Scale as a rough guide for an initial characterization of escalation of an actual or potential cyberrelated event The CIR Impact Scale is used to guide the NCCIC’s incident assessment and immediate NCCIC actions notifications and reporting requirements While Table 1 is not intended to define “cyber incidents of national significance ” the following impact levels provide a useful example of an incident scale 6 Please refer to Appendix D List of Historical Events for a listing of historical cyber events NSTAC Report to the President on Information and Communications Technology Mobilization 5 President’s National Security Telecommunications Advisory Committee Impact Level National Sector Table 1 Sample Incident Scale Impact Levels Impact Characterization Regional Entity Enterprise Actual or potential impacts are likely to occur on a national scale Any actual or potential impact occurring in more than one sector or region Threats to cyber and communications infrastructures on a national scale Actual or potential impacts are likely to occur in one of the Nation’s 16 critical infrastructure sectors Entities within sectors often share the same types of infrastructure and therefore share similar risks thus warranting escalated attention Actual or potential impacts are likely to occur in one specific geographic location Current or potential impacts to a specific region could cause serious harm to the region thus warranting escalated attention Actual or potential impacts are likely applicable to only one organization The possibility of cascading or potential impacts to a sector or region is unlikely or cannot be ascertained at this time Implicit in the CIR approach is concern that the incident’s characteristics could escalate to disruption corruption or destruction of sector and or regional resources or critical infrastructures where a cybersecurity incident could reasonably cause catastrophic impacts to our national security economic security public health and safety 7 Using this impact scale to review recent and historical incidents the NSTAC noted that incident response at the entity or enterprise level is ongoing constant and considered business as usual BAU If the enterprise cannot address the incident which might indicate that other enterprises are equally unable to mitigate then the enterprise would escalate the incident through trust groups or ISACs In this event the vast majority of enterprise incidents are resolved with the support and collaboration of similar enterprises This finding affirms the value and role of information sharing at the enterprise level through ISAC mechanisms At the opposite end of the scale the NSTAC noted that while there have been numerous highprofile cyber events that warranted national attention using the NCCIC CIR as an approximate gauge none ultimately were considered a cyber event of national significance Upon review of these high-profile events the NSTAC noted that the fundamental incident management actions occurred through private sector collaboration or mobilization at a much smaller scale limited to a group of actors that had the technical competence and ability to develop and propose appropriate mitigations to address the core vulnerability This group is distinct from the affected community which constitutes those end users with the responsibility for managing the actual manifestations of the consequences of the attack 7 White House Executive Order 13636 Improving Critical Infrastructure Cybersecurity and Presidential Policy Directive 21 Critical Infrastructure Security and Resilience February 12 2013 NSTAC Report to the President on Information and Communications Technology Mobilization 6 President’s National Security Telecommunications Advisory Committee The NSTAC then focused on events where there was collaboration with Government to mitigate ongoing cyber incidents In these cases the nature of the incident was fostered by threat actors with the intent means or capability to continue escalating the cyber event Under these circumstances representatives from industry and other trust groups felt that the incident would continue unabated without collaboration and support from Government in the form of law enforcement With this view the NSTAC developed a means to understand both potential and actual incidents from a unified risk assessment approach to assess if an incident would or should escalate Finding The unified risk assessment of a potential or actual impact provided an indicator of whether an issue should escalate or de-escalate The assessment is a function of three criteria parameters including Event Characteristics Does the potential or actual event or series of events manifest characteristics that could result in substantive disruption corruption or destruction of critical infrastructure EO 13636 Section 9 entities and sector resources Intelligence Sources Do the perpetrators i e threat actor s have the means intent or ability to escalate the potential or actual event to an event of national significance Capability to Respond Based upon prior knowledge does industry have the capability to respond and address the incident without changes in legal authority rules of engagement or operating framework Figure 1 Notional Unified Risk Assessment Process for Mobilization Combining this assessment protocol with the NCCIC impact criteria the NSTAC generated a means to characterize the Cyber Condition CyberCon at any given time reflecting the increased level of collaboration and or support required for enterprises and sectors to respond to cyber incidents as well as when an incident would likely warrant increased coordination between industry and Government Similar to the NCCIC CIR and predicated on the foundation of enterprise entity response the five-level CyberCon represents an escalation tier reflecting the increased level of collaboration and or support required for enterprises and sectors to respond to NSTAC Report to the President on Information and Communications Technology Mobilization 7 President’s National Security Telecommunications Advisory Committee cyber incidents Shown in Figure 2 below this CyberCon was developed solely for the purposes of the NSTAC analysis and is not intended to replace any existing industry or Government alert condition protocols Figure 2 Escalation-Cyber Event Graphic The five CyberCon tiers are described as follows GREEN The enterprise entity with vendors alone can address the cyber event BLUE The enterprise can address the cyber event with support from sector resources such as ISACs and trust groups One example of this level would be an Internet service provider ISP requesting short-term rate limiting support from fellow ISPs YELLOW At this level support to mitigate an event is drawn from resources outside an individual sector using current legal authorities Two recent activities that would be categorized as yellow include ISP defense against financial services distributed denial-ofservice attacks and the recent criminal takedowns coordinated across sectors by the National Cyber-Forensics and Training Alliance ORANGE At this level the assessment suggests that industry can mitigate and respond however new or incremental Government support would likely be indicated which may take various forms At the same time at this level the Government would enhance its own attention and response to the incident at hand which would likely yield increased Government-industry coordination RED At this level industry is unable to fully mitigate the incident even with additional authorities If the incident cannot be fully mitigated industry would want recommendations or direction on the priorities for protection e g pre-incident or recovery e g postincident Specification of national security priorities is a responsibility inherent to NSTAC Report to the President on Information and Communications Technology Mobilization 8 President’s National Security Telecommunications Advisory Committee Government For purposes of this NSTAC report the RED level is characterized as ICT mobilization 8 Figure 3 below provides an alternative way to characterize the iterative escalatory process of the five CyberCon levels Figure 3 Notional Unified Risk Assessment Process for Mobilization with Cyber Condition Levels In general the GREEN BLUE YELLOW levels can be characterized as BAU where industry can mitigate and respond without new or incremental Government authorities Collaboration and cooperation with Government is considered BAU at these stages as the response can utilize existing legal authorities It is important to note that the CyberCon determination is a mutual assessment within industry at lower levels and between Government and industry at higher levels To some degree the five-level CyberCon aligns with the NCCIC CIR which incorporates entity sector and regional impacts throughout the alert levels and identifies the potential need for additional authorities to address a multi-sector threat The potential need for additional authorities suggests enhanced pre-coordination and collaboration mechanisms with Government to mitigate those concerns The distinction between the CyberCon developed for this report from other alert condition guidelines is that “ability and authority to mitigate” is the factor to determine if the issue must be escalated 3 1 Current Operational Gaps In general the maturity of cyber risk management at the enterprise level is uneven across sectors In February 2014 the National Institute of Standards and Technology NIST released a Cybersecurity Framework highlighting best practices and standards across the categories of identify protect detect respond and recover so that organizations can better manage cyber risk 8 CyberCon 1 referred to as Mobilization is the highest tier of “response ” The term “mobilize” implies Government direction and or prioritization in the implementation of industry response and is defined as “to organize or adapt industries transportation facilities etc for service to the government ” NSTAC Report to the President on Information and Communications Technology Mobilization 9 President’s National Security Telecommunications Advisory Committee to critical infrastructure Within the five Framework categories however the practices associated with the category of “respond” are even less developed 9 With this in mind the NSTAC set out to assess current operational gaps in the context of the varying collaboration levels 3 1 1 GREEN BLUE and YELLOW Levels At this time the ability to correlate cyber events within all sector ISACs is limited While some sector ISACs have strong capabilities to correlate collaborate and coordinate sector-level events as well as maintain mechanisms to cross-correlate and coordinate between ISACs through the National Council of ISACs the ability to quickly assess and identify potential cyber impacts within all sectors is still not fully developed While there is active participation and robust productivity between individual enterprises and various ISACs trust groups comparable participation in these types of forums is still limited in some sectors 10 Liability concerns associated with information sharing are still frequently cited as a limitation impeding enhanced participation in these forums The NSTAC has previously examined these issues including in the 2003 Legislative and Regulatory Task Force Report Barriers to Information Sharing 11 Previous NSTAC Review Information Sharing 1 In 2003 the NSTAC recommended that the President direct the appropriate departments and agencies in coordination with industry to - Develop a process to resolve multi-jurisdictional Federal State and local conflicts within the appropriate boundaries of Federalism and national homeland and economic security - Work with Congress to modify the CII Act so that DHS is the clearinghouse and sole dispenser of CII information - Encourage Congress to extend the protections of the CII Act to cover departments and agencies other than DHS and if other agencies should be designated as such the NSTAC recommends that they adopt the same rules and procedures as DHS for handling CII and - Work diligently with Congress to ensure the CII Act’s provisions remain intact 1 Please refer to Appendix F Previous NSTAC Recommendations for further details regarding the NSTAC recommendations 9 Ponemon Institute “Cyber Security Incident Response Are we as prepared as we think ” January 2014 DHS recognizes these limitations and has developed programs such as the Cyber Information Sharing Collaboration Program CISCP to afford enterprises the opportunity to share information not with DHS and supplement other existing sharing mechanisms CISCP shares cyber threat incident and vulnerability information in near-real time and enhances collaboration to better understand the threat and improve network defense for the entire community 11 NSTAC “Legislative and Regulatory Task Force Report Barriers to Information Sharing” September 2003 Available at https www dhs gov sites default files publications LRTF%20Information%20Sharing%20Report%20%28Sept%2 02003%29_0 pdf 10 NSTAC Report to the President on Information and Communications Technology Mobilization 10 President’s National Security Telecommunications Advisory Committee The capability for cross-correlation of cyber incidents or coordination between ISACs is even more limited Again there are exceptions as reflected by the strong inter-ISAC relations between the Financial Services Sector the Communications Sector the Defense Industrial Base Sector and the IT Sector Nonetheless limited cross-sector correlation limits early detection and notification of multi-sector impacts reducing the opportunity to assess the threat and potential national impact as well as mitigate consequences in a timely manner The continued adoption of automated information sharing tools such as Structured Threat Information Expression STIX and Trusted Automated Exchange of Indicator Information TAXII protocols for reporting cyber threat indicators within sectors coupled with higher-level tools that support aggregated correlation analysis will support and enhance these capabilities over time Nonetheless in the absence of strong cross-sector cyber correlation experience the goal of a joint integrated and cross-sector information sharing and analysis capability to produce timely reliable and actionable situational awareness remains elusive and needs to be enhanced An additional gap identified is the Government’s continuing “need to know” approach to sharing timely reliable and actionable threat intelligence and information Much of the information that would be important to making informed risk management decisions is classified and even the process of creating timely and actionable tear-line products has been challenging It is incumbent to move to a “need to share” approach leveraging access to those in the private sector that have necessary clearances It is also necessary to refine a process including tear-lines where appropriate to provide information about tactics techniques and procedures—not sources and methods—that would help inform risk management decisionmaking and incident response The NSTAC continues to affirm the development of capabilities associated with enterprise participation in ISACs and other appropriate trust groups Government and industry should continue to nurture and support these environments and the successes they have demonstrated through sharing cyber threat indicators between peers and Government 3 1 2 Operational Gaps Moving from YELLOW to ORANGE Despite the challenges highlighted above the ability to disseminate mitigation and recovery options to cyber threats has improved greatly at both the industry and ISAC level as well as at the DHS NCCIC Further there is increased experience in coordinating larger-scale mitigations with law enforcement activities While some of the larger-scale initiatives have been initiated by law enforcement others have been at the request of industry This collaboration has led to enhanced experience in developing a coordinated operational response between Government and a number of industry entities These initiatives have been successful due to clearly-stated operational objectives having time to plan the response and limiting the numbers of parties engaged in the response planning Additionally law enforcement was able to leverage existing authorities in achieving the operational response objectives It is clear that an ORANGE stage response would require a shift in industry engagement from current DHS and law enforcement protocols ORANGE is defined as that level where industry can develop the response and implement the mitigations to contain the threat or stop escalation with additional authorities granted by Government These new authorities may take any of several forms such as waivers indemnifications and or access to specific sensitive information NSTAC Report to the President on Information and Communications Technology Mobilization 11 President’s National Security Telecommunications Advisory Committee sources The premise is that because the Government and industry would have mutually agreed that the incident has risen to level ORANGE such powers and authorities would be extended as a condition of that development The precise nature and extent of these powers must be negotiated and mechanisms put in place so that different Government entities e g Department of Justice DOJ and Department of State can provide the necessary legal or diplomatic support to react and respond quickly It is also clear that advanced analysis of the legal authorities needed to support the larger more comprehensive cyber response capabilities within or across the cyber ecosystem for an ORANGE level incident will be necessary Previous NSTAC Review Cybersecurity Collaboration The NSTAC’s 2009 Cybersecurity Collaboration Report to the President recommended that the Government establish a Joint Coordinating Center for public and private sector representatives from various critical infrastructures and key resources sectors to focus on robust information sharing among each other on cyber incident detection prevention mitigation and response Several of the 2009 NSTAC report findings continue to apply today including - Planning and execution of national cyber incident detection prevention mitigation and response capability requires joint participation of many domestic public and private sector organizations as well as international entities Presently organizations involved in cyber incident efforts are physically separated functionally disjointed and lack efficient communications capabilities Combining all stakeholders into a single Government funded equipped physical location with the capability for virtual participation is necessary for full cybersecurity planning and execution - Government and private sector subject matter experts recognize the urgent need for and value of a 24 7 public-private sector collaborative cyber incident detection prevention mitigation and response capability A phased implementation approach will allow enhanced capabilities to be implemented in an affordable and efficient manner and - There is an urgent need to improve upon coordination of existing U S and international cyber incident capabilities in both public and private sectors The need for this capability is growing over time Finding The ORANGE level represents the domain of extensive coordination and collaboration between Government and industry in terms of dynamic protocols and procedures At lower levels current practiced behavior should be sufficient to maintain stability and flow in response to cyber incidents however much changes in the industry-Government relationship as industry moves from utilizing existing authorities within YELLOW to requesting incremental Government authorities in ORANGE It will be important to thoughtfully develop specific new protocols authorities expectations and procedures well in advance of the need and to exercise and train to these protocols to ensure progressive refinements over time 3 1 3 Operational Gaps RED Stage As noted in the foundational findings there is currently no protocol for the Government to convey in advance the national cyber priorities for protection reconstitution or recovery in the event an incident surpasses industry’s mitigation ability While current U S priority programs e g telecommunications service priority TSP create a partial policy umbrella for this issue the TSP program is wholly insufficient for purposes of dealing with RED-level crisis At this level highly cyber-dependent organizations from industry and Government could experience degradation resulting in catastrophic impacts to our national security economic security public NSTAC Report to the President on Information and Communications Technology Mobilization 12 President’s National Security Telecommunications Advisory Committee health and safety Since the RED stage of cyber emergency is intended to describe the truly severe degradation of the national ICT base the expectation is that at that level if it is ever achieved the Nation would essentially be operating on a catastrophic or continuity-ofgovernment footing Accordingly at that point industry would seek to support Government initiatives to defend and preserve the Nation Finding The RED level conceptually represents a cyber emergency of the severest nature and greatest potential impact At this level the total commitment of industry to sustain network and system operations will be insufficient to meet the national need Accordingly Government will be expected to convey priorities and industry will do all that is possible to support national survival under Government direction and within a comprehensive legal and operational framework 4 0 ANALYSIS FOCUS ON “CAPABILITIES” Listed in Section 1 1 this section addresses the NSTAC’s “Research and recommendations for a methodology by which Government and industry can identify critical commercial assets functions and or capabilities that if operationally coordinated would be helpful or are necessary to respond to a cyber-related event of national significance ” The NSTAC applied the same incident reviews used for the trigger threshold situation analysis to conduct a review of which entities were impacted which entities contributed to finding the solution and who or what operational mechanism entities were used to respond to those incidents While these historical incidents did not rise to a level of national significance the NSTAC reviewed additional scenarios that could conceivably escalate to such a level Both sets of scenarios were used to assess which commercial functions and capabilities were helpful or might be helpful to respond to these events While the victim s changed with each incident or scenario reviewed the NSTAC found that certain ICT functions were consistently part of creating the solution or were leveraged to assist in implementing the solution While no single function was common to all scenarios certain functions occurred enough so as to generate a map of the capabilities that might need to be mobilized to effectively respond to the scenarios examined From this review the NSTAC developed a working model of the functional capabilities in six categories associated with the broader global cyber ecosystem With the exception of the corporate IT assets function which most closely aligns with enterprise entity networks the balance of the ecosystem functionalities are best characterized as services and operations shared and used throughout the global ecosystem The functions represented in Figure 4 below enable the cyber ecosystem and are provided by ICT companies 12 Many of the functionalities are represented in part by U S -based NSTAC-represented organizations The entities that provide these functions will in this report be referred to as ICT enablers 12 Please refer to Appendix C Glossary for a definition of the terms contained in this chart NSTAC Report to the President on Information and Communications Technology Mobilization 13 President’s National Security Telecommunications Advisory Committee Figure 4 Cyber Ecosystem Key Players 4 1 Nature of ICT Enablers The functions that ICT enablers provide are foundational to the global cyber ecosystem From operating systems to anti-virus an intrusion detection or prevention local backbone core transport certificate authorities content delivery and applications all functions work together to support the global cyber environment With the exception of some local transport functions the providers of these functions are multi-national and their products and services are used throughout the world Providing these globally-shared functions and services is a large responsibility and collectively these enablers act in a fiduciary role for all users of the cyber ecosystem globally These enablers typically have broad visibility of the global environment deep technical expertise within their functional space as well as an understanding of the roles and functions of the numerous enablers within the community The enablers’ global customer base drives their activities towards ensuring that all customers have full access to the capabilities and services they provide and they take significant care to ensure even-handed treatment of their global customer base Given the variance in non-disclosure and privacy laws throughout the world these enablers also generally choose to operate under stricter non-disclosure and privacy environments than entities operating within only one national border While an attack against enterprise networks generally has a localized impact a cyber attack against ICT enablers has the potential for far-reaching consequences to the ecosystem Given the interconnectedness of the gross functional capabilities within the ICT enabler ecosystem if any two ICT enablers independently identify or are experiencing an incident or incidents it is NSTAC Report to the President on Information and Communications Technology Mobilization 14 President’s National Security Telecommunications Advisory Committee reasonable to more closely examine if those incidents together give rise to systemic consequences In such cases the incident should be treated as an event of sufficient magnitude that requires a concerted response beyond a single enterprise or sector If there is a major impact to any one of these functions the ripples will be felt across the globe As a consequence the ICT enablers employ extraordinary levels of security to ensure these functions are not compromised and they have developed incident response capabilities to match While all enablers have computer security incident response teams CSIRT most enablers also have dedicated security incident response teams SIRT for product-lines or commercial networks to ensure continuity of the global services they offer While many of these U S -based ICT enablers belong to ISACs for sharing enterprise-related issues the sharing of information associated with their global products and services is generally conducted in tightly controlled private sector trust groups Finally while incident response at the enterprise level generally has enterprise impact the reach of incident response by the ICT enablers can have a broad and systematic impact throughout the ecosystem Figure 5 below shows a representative example of the gross capabilities of the ICT enablers Figure 5 Notional Representation of Gross Functional Capabilities of ICT Enablers NSTAC Report to the President on Information and Communications Technology Mobilization 15 President’s National Security Telecommunications Advisory Committee For example within the access and core categories there exists the broad capability to block prioritize or re-route traffic While this reach may be necessary to mitigate a major cyber event these same mitigations could also lead to unintended consequences on end users These largescale actions may mitigate the immediate concern at hand however legitimate traffic may also be impacted disturbing the free-flow of information throughout the ecosystem In the specific case of the ISPs large-scale blocking prioritizing or re-routing of traffic is counter to their global practices as well as arguably to U S or global laws and policies and would undoubtedly have service-level repercussions on customers who rely upon these services to operate To that end any response actions taken to address cyber threats must be in proportion to the threat being mitigated and large-scale response actions will likely require authorities in some form by Government Comparable arguments can be made for large-scale mitigations taken by any of the ICT enabling functions Upon the NSTAC’s review of the scenarios that could potentially lead to an event of national significance the incident management capabilities associated with enterprises or ISACs were not those capabilities necessary to address the systemic issues Instead the scenarios that led to such an event potentially implicated multiple ICT enabling functions The combined mitigation efforts of more than one ICT enabler could have even larger unintended consequences To the extent that events of national or global significance warrant the mitigation efforts of more than two of the ICT enabler functions it would be necessary to ensure that potential consequences are contemplated in the development of mitigation strategies and then authorized in some form by Government Finding The response capabilities inherent within enterprises or their ISACs will not likely be the capabilities necessary to address the circumstances in an event of national significance Finding ICT enablers represent the functionalities foundational to the global cyber ecosystem and are most capable to address the threats develop mitigation strategies and or implement systemic remediation Finding The NSTAC believes that ICT enablers likely represent the commercial assets functions and or capabilities that if operationally coordinated would be helpful or necessary to respond to a cyber-related event of national significance Finding Coordinated incident response by ICT enablers at ORANGE- or RED-level events may necessitate Government authorities despite the potential for positive impact as there may be accompanying unintended consequences of such action Finding Properly addressing events of national significance warranting the mitigation efforts of multiple ICT enablers will require ensuring that any mitigation strategies developed consider all potential consequences—as well as impacts on all potentially impacted stakeholders including global Internet users—and are fully authorized by requisite legal and Government authorities in the United States and other relevant jurisdictions NSTAC Report to the President on Information and Communications Technology Mobilization 16 President’s National Security Telecommunications Advisory Committee Finding Since the global cyber ecosystem is foundationally civilian the U S Government should continue its dialogue to establish global norms for national cyber response and incorporate industry in those discussions to the maximum extent possible Unique Challenges of the ICT Enabler Community Despite the many capabilities associated with this community there are a number of concerns unique to the ICT enablers that the global community must address over time Cyberconflict Issues Industry in particular ICT enablers will undoubtedly be impacted in the event of cyber conflicts globally Unlike previous conflicts supported by a defense-specific industrial base most of the cyber ecosystem is owned operated and powered by civilians This same ecosystem is used globally by citizens and Governments Therefore it is inevitable that the assets of these ICT enablers products personnel equipment facilities and networks will be used in some form or fashion during a cyber conflict This brings a new factor to the corporate risk profile for these corporations could arguably be considered “civilians directly participating in hostilities” and become a 1 legitimate target according to the legal definitions of the Geneva Convention Government use of these corporate enabling assets becomes even more problematic if use of those assets in a cyber conflict even without corporate foreknowledge is sufficient for the corporate assets to become a legitimate target of war “…many of the victims of cyberattack—as well as its accomplices—are increasingly likely to be large-scale private entities playing on the world stage rather than just nation-states Accordingly future sic Government planning needs to account for the Googles the Microsofts the Facebooks the Twitters and other big players appearing on the scene A responsible nation needs to decide if it can justifiably use say Google services for its own military ends And Google will presumably seek to find a way to keep itself from becoming the mere puppet of some irresponsible nation seeking to co-opt it These companies will need to carefully consider their roles knowing that their actions might put their own workers at risk by making them “civilians directly participating in hostilities”—in other words legitimate targets okay to hit according to the legal framework of the Geneva Conventions or at least logical military targets whether legal or not Policymakers also must consider whether these companies are entitled to act on their own If they are the victim of a foreign cyberattack are they morally or legally permitted to respond aggressively—especially if no state response seems forthcoming What limits can a hosting government place on the actions of 2 companies located or listed in their territory ” The NSTAC acknowledges that these are all questions and considerations that the U S Government in collaboration with other Governments must address through diplomacy and statecraft Since the global cyber ecosystem is foundationally civilian the U S Government should continue its dialogue to establish global norms for national cyber response and incorporate industry in those discussions to the maximum extent possible 1 Bulletin of Atomic Scientists “Cyberwarfare ethics or how Facebook could accidentally make its engineers into targets ” http thebulletin org cyberwarfare-ethics-or-how-facebook-could-accidentally-make-its-engineers-targets7404 2 Ibid 5 0 ANALYSIS FOCUS ON OPERATIONAL FRAMEWORKS Listed in Section 1 1 this section addresses the NSTAC’s “Research and recommendation of an operational framework that 1 allows for agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response NSTAC Report to the President on Information and Communications Technology Mobilization 17 President’s National Security Telecommunications Advisory Committee and 2 guides informs and prioritizes response across the full spectrum of NS EP events with cyber implications ” If the ICT enablers would likely need to coordinate an operational response during an event of national or global significance then determining the means to coordinate these capabilities may address the current operational gap in incident response The next phase of the NSTAC review focused on leveraging the capabilities of the incident response teams that support the diversity of globally shared products and services While the NSTAC review of historical cyber incidents found no cyber event of national significance a review of those same high-profile events uncovered a number of past scenarios where industry leveraged the combined capabilities of ICT enablers Common operating characteristics of past mitigation successes included the following Trusted Collaboration Mitigations were often developed within trusted communities of interest Focused Technical Resources Participants were limited to technically proficient individuals with relevant skills and or entities in a position to effect positive change Flexibility Participants or community members could leverage extended resources where necessary outside the core trusted community of interest For example a vulnerability in a widely adopted protocol such as Secure Sockets Layer may require several trusted communities to work together to mitigate Corporate Commitment In some cases corporate executive officers or other high-level executives are committed to fixing the problem thus ensuring the appropriate risk acceptance and adequate resourcing Oftentimes this commitment is not immediately apparent to incident managers and response leaders The NSTAC further found that with the exception of coordinated law enforcement activities private sector entities have driven most historical mitigation events therefore the NSTAC sought to identify and develop an operational framework that would be private sector-driven and meet the privacy security and trust concerns of those entities The NSTAC reviewed best-in-class practices for incident response at both the enterprise and ISAC level While the reviewed incident response practices were exemplary for their purposes they did not adequately address how to coordinate or align the diversity of functional capabilities that might be necessary to address incidents across the global cyber ecosystem In its continued research the NSTAC reviewed a multi-enabler protocol developed by the Industry Consortium for Advancement of Security on the Internet ICASI called the Unified Security Incident Response Plan USIRP 13 There are a number of elements that suggest the USIRP might be an appropriate template to coordinate the widely diverse capabilities reflected among the ICT enablers 13 ICASI is a virtual organization that uses a common protocol for global incident response by leveraging bilateral or multilateral response experts to manage complex issues and protect the Internet ecosystem NSTAC Report to the President on Information and Communications Technology Mobilization 18 President’s National Security Telecommunications Advisory Committee The USIRP protocol is triggered when an incident impacts two or more of the members Since the ICASI members are global enablers of key cyber functions this trigger closely aligns with the ORANGE and RED stages on the CyberCon when higher industry collaboration and potential interaction with Government would be necessary The USIRP process is designed to facilitate joint collaboration amongst entities’ product or service SIRTs during events of significance The USIRP is not meant to replace members’ individual SIRTs but rather provide a trusted process that enables members to effectively address a range of multi-sector threats and that runs in parallel and overlays current ICASI member response processes The USIRP complements existing industry response entities including ISACs and enterprise CSIRTS Further implementation of any USIRP-developed courses of action COA can be amplified and broadly disseminated through the ICASI customer base as well as their membership and participation in industry forums such as ISACs trust groups and standards bodies The USIRP process is activated when two or more members believe there is an issue that must be addressed Given the interconnectedness of the gross functional capabilities of the ICT enabler ecosystem when any two ICT enablers independently identify or are experiencing an incident or incidents it is reasonable to more closely examine whether those incidents together give rise to systemic consequences In such cases the incident should be treated as one of sufficient magnitude to require a concerted response beyond a single enterprise or sector The NSTAC has developed a notional draft for a collaborative ICT enabler protocol based on the ICASI USIRP The notional collaboration and response process identified three broad phases of the incident response lifecycle as it might apply when leveraging the ICT enablers Open investigate and scope problem Triage Engage and resolve problem Develop mitigations or fixes and Deploy mitigations fixes and incident close Deploy 14 In this model there are specific touch-points with Government during both the initial triage phase of an incident and during the development phase This draft process envisages an industry-driven dialogue with Government to identify appropriate and relevant resources for assistance In addition the model proposes a unity-of-effort across industry and Government to respond to significant national incidents During the development phase of the response individual member organizations would leverage their existing CSIRT processes in coordination with other industry and Government CSIRTs As the operational framework moves to deployment or implementation phase the model may identify additional touch-points between industry and Government Finding The ICASI USIRP process framework leverages existing industry best practices and offers a unified incident response template to provide for an “agile effective and distributed 14 Please refer to Appendix E ICASI Background to view the notional ICT Unified Security Incident Response Team Process NSTAC Report to the President on Information and Communications Technology Mobilization 19 President’s National Security Telecommunications Advisory Committee implementation across numerous stakeholders resulting in a coherent unified and dynamic national response ”15 5 1 Filling the Gap in Incident Management Leveraging ICT Enabler Capabilities While NSTAC affirms the continuing development of capabilities associated with enterprise participation in ISACs as well as inter-ISAC and Government coordination and collaboration the capabilities inherent within enterprises or their ISACs will likely not be the capabilities necessary to address the circumstances in ORANGE- or RED-level scenarios Leveraging a unified incident response protocol similar to the ICASI USIRP may be a means to access the ICT enabler capabilities and address the current gap in national coordinated incident management capabilities Given the private sector-focused nature of the NSTAC’s recommendations in this report the process flow necessarily focuses on private sector actions while recognizing that there are critical touch-points and engagements between industry and Government during response Figure 6 below highlights a notional high-level flow chart reflecting how the ICT enabler capabilities could be integrated into existing processes Figure 6 Notional Insertion of ICT Enablers into Current Response Framework 15 NSTAC Information Technology Mobilization Scoping Report May 2014 Available at https www dhs gov sites default files publications Final%20NSTAC%20Information%20Technology%20Mobiliza tion%20Scoping%20Report pdf NSTAC Report to the President on Information and Communications Technology Mobilization 20 President’s National Security Telecommunications Advisory Committee Event Origination and Escalation At a high level this process depicts how event information originates at the enterprise level corporate IT assets and then through various information sharing agreements or mechanisms enters an ISAC Theoretically ISACs analyze information across the sector for trends and then have the capability through their own sharing agreements and mechanisms to share that information with other ISACs or with the NCCIC This ISAC-toISAC sharing allows for cross-sector aggregation and analysis At this level trust groups also play a role in aggregating information and coordinating responses to the level they are capable However the NSTAC presumes that under these circumstances ISACs and trust groups are limited in scope and scale and are unable to effectively manage the incident at the scale contemplated in this report ICT Enabler Activation and Execution Should the analysis suggest a widespread e g complete infiltration of a sector or substantial foothold across two or more sectors or particularly grave event e g a critical dependency is completely overwhelmed and request for resources exceeds available capabilities the ICT enablers would activate to assess the information Following initial notification the relevant members would self-select into the response providing resources as necessary Participation in response activities would be virtual with designated points of contact from each organization or their designees contributing from their respective locations This process was outlined earlier and a flow chart can be found in Appendix E It is important to note that the confederation of ICT enablers would not exist to direct or manage organizational resources rather expanding on the concept of trust groups it would serve as a broader cross-ecosystem platform to coordinate information sharing vet incident impact assessments collaborate on the development and coordination of COAs and share status of available capabilities To the extent possible through pre-planning activities designed to identify possible scenarios outlined in Path Forward section below and the relevant stakeholders many of the mitigation strategies would be pre-scripted with playbooks available to guide response actions Accordingly during incident management ICT enablers would continually assess the incident drawing on information from their own sources as well as through ISACs and the NCCIC Government Engagement and Authority Throughout event escalation activation and response the NSTAC anticipates that ICT enablers will regularly coordinate bilaterally with Government to share information on the state of response as well as convey priorities and technical advice It is in this body that the enablers are able to function in a clearinghouse role inter alia reviewing Government recommendations or requests for action or technically vetting the feasibility or effectiveness of an action Similarly the enablers are able to develop their own COAs some of which may require Government assistance or sanction which they will pass to the Government for review and consideration At the ORANGE or RED levels the NSTAC considers it essential that for any coordination or communication with the Federal Government the Government liaison to the ICT Confederation be empowered to make decisions and clearly and confidently commit resources or actions The engaging Federal official may vary depending on the nature of the incident and could be from DHS DOD the Federal Bureau of Investigation DOJ or the White House In any case the Federal official would speak on behalf of and to the extent constitutionally permitted with the NSTAC Report to the President on Information and Communications Technology Mobilization 21 President’s National Security Telecommunications Advisory Committee authority of the Cabinet-level official they are representing This authority is critical to ensure timely effective response and the commitment of resources and other assistance Consequence Management vs Incident Management Throughout these activities there is an important distinction between incident management and consequence management Incident management refers to the set of actions intended to address the root cause of the incident at hand whether that be a software or hardware vulnerability a network compromise or other incident Consequence management refers to the set of actions intended to address the manifestations of the root cause typically at the enterprise level identify whether it is cyber or physical in nature and to protect operations while incident management creates the solution Accordingly the activities undertaken by the ICT enablers in this proposed approach would focus exclusively on incident management actions in support of the cyber ecosystem The corresponding implementation of mitigation actions e g patching systems replacing hardware etc would flow to the enterprise level via the ISACs or other information sharing mechanisms as appropriate While the ICT enablers will themselves implement the COA developed to the degree appropriate it is important to note that the enterprise or sector s must also be prepared to implement the solutions to manage the consequences within their specific environment The NSTAC has outlined a means by which widely varying ICT enablers can collaborate together and has also proposed a means to integrate that ICT collaboration into current cyber incident protocols Together these processes create a framework that could potentially support agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response Throughout this process it has become clear that at lower levels of threat which is most of the time current processes are evolving to meet the need and will improve as intra- and inter-sector correlation processes improve While routine information sharing and collaboration across the national cybersecurity enterprise remains unfinished this was not the NSTAC’s focus The remaining need—and the gap the NSTAC was specifically asked to address—concerns Government-industry collaboration at the highest levels of threat and national emergency which the NSTAC has characterized as an ORANGE RED-level event While the NSTAC readily acknowledges that an event or events at the highest level of this scale are of lower frequency than events in the BLUE GREEN YELLOW levels additional analysis of the issues related to these levels is outlined below 6 0 ANALYSIS FOCUS ON COORDINATED THRESHOLD ROLES Listed in Section 1 1 this section addresses the NSTAC’s “ Recommendation of an operational framework that… guides informs and prioritizes response across the full spectrum of NS EP events with cyber implications and identification of an operational structure or construct to coordinate assets at each threshold considered detailing which entities would exercise what roles as well as suggested approaches for training and exercises of such contingencies ” Industry has experience in convening to address high-profile cyber issues with and without Government support The NSTAC anticipates that these types of incidents will continue and that industry’s ability to recognize and mitigate these issues will improve with time Nonetheless there are a number of scenarios that could potentially rise to a level where mitigation would require stronger actions concurrent with increased Government support NSTAC Report to the President on Information and Communications Technology Mobilization 22 President’s National Security Telecommunications Advisory Committee The NSTAC discussed a number of scenarios that might be characterized as pre-impact ORANGE level Cascading Cyber Effects Enterprises ISACs or ICT enablers have communicated a series of “footholds” that threat actors have gained across critical infrastructure sectors and cyber ecosystem components e g operating systems and applications Collaborative and iterative use of the unified risk assessment approach by Government and ICT enabler teams could enhance correlation of disparate information to determine if the progression of cyber exploitation has reached a threshold necessitating a request for incremental Government support of industry mitigations Low-Probability High-Impact Cyber Exploitations Under this scenario an exploit of a zero-day vulnerability has occurred evading the industry filters meant to stop this type of attack and prompting ICT enablers to convene If there is credible information to suggest the means intent or ability to engage in disruptive corruptive and destructive action at a national scale the ICT enablers would assess potential impacts develop mitigations assess the need for Government support and make the necessary requests for that support Finding In these pre-impact ORANGE-level scenarios the protocols for how industry can request and receive incremental Government information or authorities are not well understood This understanding is necessary particularly for an environment where fast industry response may be essential for mitigation or containment The NSTAC also discussed scenarios that could be characterized at the RED level Government Forewarning of Cyber Activity to Enhance Defensive Posture North Atlantic Treaty Organization Article 5 of the Washington Treaty or other “red line” circumstances could prompt cyber retaliation in response to a Government kinetic or cyber attack Proactive mobilization of ICT enablers could help minimize disruption through enhanced protections containment strategies or prioritized reconstitution Post-Incident Prioritized Cyber Restoration and Recovery In the event a cyber incident of national or global significance has occurred key resources across the cyber ecosystem would need to be engaged to contain and or reconstitute national and international capabilities or functions Finding At the RED level there is little industry understanding regarding Government goals or priorities for pre-impact protection or post-impact recovery however this is precisely the assessment and understanding that industry must gain In order to determine protection and prioritization efforts at the RED level it is necessary to identify assets capabilities and functions which must be protected and sustained in the event of a cyber incident of national consequence This critical needs assessment should occur during industry-Government collaborative efforts utilizing cyber attack scenarios as case studies Additionally it is also important to identify which assets capabilities and functions must be prioritized for recovery and restoration which would occur during a post-cyber incident restoration and recovery scenario This dialogue is consistent with sustainment activities NSTAC Report to the President on Information and Communications Technology Mobilization 23 President’s National Security Telecommunications Advisory Committee associated in the DOD computer network defense framework or alternatively as a broad extension of the concepts reflected in the TSP program 16 17 Understanding what must be protected or recovered during a RED-level cyber event will provide the basis to understand which industry and Government capabilities are needed and the legal authorities required to protect mitigate prioritize and reconstitute those identified assets A better mutual understanding of in extremis needs priorities capabilities and authorities at the RED level can also provide greater clarity for more effective ORANGE level response Industry should identify its intermediate response capabilities meaning the range of capabilities between current BAU and RED activities and conduct a mutual assessment to determine if different i e lesser authorities would suffice for those intermediate steps With this understanding industry and Government should agree on standard protocols for requesting and extending legal support relief or indemnification to those engaged in protection sustainment or defensive activities Concurrent with the discussions outlined above significant discussion and analysis will be required to fully assess the scope of current legal and policy authorities and more specifically to explore the potential gaps in such authorities and achieve the mutual goals for protection of the cyber ecosystem Additionally it is important to determine if and to what extent legal or policy change may be necessary to implement the recommendations in this report however the NSTAC is confident that as with other former and current national security planning and policy regimes the specifics of details can be protected within a visible umbrella of public policy and creation of global norms The scenarios highlighted above are predicated on the foundation of collaboration among industry and between industry and Government for the preservation protection sustainment or defense of the global cyber ecosystem If industry and Government conduct the assessments proposed above there may be significant enhancements gained in protecting the Nation’s domestic cyber-reliant assets and operations e g water power and transportation These assessments would also assist in expediting requests for incremental legal authorities under lessextreme circumstances i e YELLOW ORANGE levels Finally these discussions appear consistent with capability sustainment activities or those activities an entity must perform to ensure services continue to be provided at an acceptable level of quality 18 While an event or events of this level happen less frequently it is important that joint industry and Government planning occurs to ensure a national readiness for such a life-threatening eventuality Such readiness activities would include the joint creation of response plans frequent exercises to test readiness and the development of procedures and training of personnel To further this understanding it is necessary for industry and Government to engage in a much deeper level of dialogue and mutual understanding of respective capabilities and domestic NS EP needs The NSTAC acknowledges that the assessments outlined above are considered sensitive 16 Software Engineering Institute Incident Management Capability Metrics April 2007 Pp A7-A9 Available at http resources sei cmu edu asset_files TechnicalReport 2007_005_001_14873 pdf 17 TSP Policy Available at http www ecfr gov cgi-bin textidx SID 94cf45bc0802a55b9eb327654afe511d node ap47 3 64_16060 a rgn div9 18 Software Engineering Institute Incident Management Capability Metrics Version 0 1 NSTAC Report to the President on Information and Communications Technology Mobilization 24 President’s National Security Telecommunications Advisory Committee work and must be conducted by experts fully versed in their respective company’s cyber capabilities risk management and continuity planning Government counterparts to industry must be equally equipped 19 Finding The NSTAC believes there are sufficient U S -based entities performing ICT enabler roles to engage in this necessary dialogue and will suggest a path forward for accomplishing these goals 7 0 FINDINGS DERIVED FROM NSTAC ANALYSIS The NSTAC analyzed the following areas pertinent to its tasking Identifying thresholds that might require increased operational coordination Identifying commercial assets that would be necessary to respond to a cyber-related event of national significance and Proposing an operational framework that would allow for agile effective and distributed implementation resulting in a coherent unified and dynamic national response The analytic findings associated with these areas of analysis are re-stated below to serve as a foundation for Section 8 Path Forward The unified risk assessment of potential or actual impact provides an indicator of whether an issue should escalate or de-escalate It is a function of three criteria parameters event characteristics intelligence sources and capability to respond The ORANGE level represents the domain of extensive coordination and collaboration between Government and industry in terms of dynamic protocols and procedures At lower levels current practiced behavior should be sufficient to maintain stability and flow in response to cyber incidents However much changes in the Government-industry relationship as industry moves from utilizing existing authorities within YELLOW to requesting incremental Government authorities in ORANGE It will be important to thoughtfully develop specific new protocols authorities expectations and procedures well in advance of the need and to exercise and train to these protocols to ensure progressive refinements over time The RED level conceptually represents a cyber emergency of the severest nature and greatest potential impact At this level the total commitment of industry to sustain network system operations will be insufficient to meet the national need Accordingly Government will be expected to convey priorities and industry will do all that is possible to support national survival under Government direction within a comprehensive legal and operational framework to be developed The response capabilities inherent within enterprises or their ISACs will not likely be the capabilities necessary to address the circumstances in an event of national significance 19 Roles and responsibilities of Cyber UCG Government officials are outlined in the Cyber UCG Charter dated June 1 2014 NSTAC Report to the President on Information and Communications Technology Mobilization 25 President’s National Security Telecommunications Advisory Committee ICT enablers represent the functionalities foundational to the global cyber ecosystem and are most capable to address the threats develop mitigation strategies and and or implement systemic remediation The NSTAC believes that ICT enablers likely represent the commercial assets functions and or capabilities that if operationally coordinated would be helpful or necessary to respond to a cyber-related event of national significance Coordinated incident response by ICT enablers at ORANGE RED-level events may necessitate Government authorities despite the potential for positive impact as there may be accompanying unintended consequences of such action Properly addressing events of national significance warranting the mitigation efforts of multiple ICT enablers will require ensuring that any mitigation strategies developed consider all potential consequences—as well as impacts on all potentially impacted stakeholders including global Internet users—and are fully authorized by requisite legal and Government authorities in the United States and other relevant jurisdictions Since the global cyber ecosystem is foundationally civilian the U S Government should continue its dialogue to establish global norms for national cyber response and incorporate industry in those discussions to the greatest extent possible The ICASI USIRP process framework leverages existing industry best practices and offers a potential unified incident response model to provide for an agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response In pre-impact ORANGE-level scenarios the protocols for how industry can request and receive incremental Governmental information capabilities or authorities are not well understood This understanding is necessary particularly for an environment when fast industry response is essential for mitigation or containment At the RED level there is little industry understanding regarding Government priorities for pre-impact protection or post-impact recovery The NSTAC believes there are sufficient U S -based entities performing ICT enabler roles to begin this necessary dialogue 8 0 PATH FORWARD An effective national ICT mobilization process will involve coordinating across many industry and Government stakeholder communities to respond to significant impacts in a highly interconnected global cyber ecosystem A first step in this process is gaining an understanding as to what must be prioritized for protective or recovery measures Due to the complexity and multi-faceted nature of the problem the NSTAC recommends a phased approach to identifying and addressing cyber-related NS EP readiness gaps Design Framework The NSTAC has outlined a unified risk assessment approach that suggests when increased operational coordination within industry as well as between industry and Government might be required it also highlights the nature of the support and collaboration in a five-level CyberCon graphic The NSTAC finds that providers of certain ICT functionalities i e ICT enablers would likely be the entities most necessary to support NSTAC Report to the President on Information and Communications Technology Mobilization 26 President’s National Security Telecommunications Advisory Committee incident management for large-scale cyber events The NSTAC further provides potential templates for how the ICT enablers could collaborate within their community as well as how support from the ICT enablers might be integrated into current national cyber incident response plans The NSTAC believes the components within this report collectively provide a design framework to build the requested capabilities Build Capability The next step toward this capability is to build out the operational framework The process to undertake this work is outlined below Implement the Capability Finally industry and Government stakeholders must incorporate the operations framework developed into response policies and mechanisms train personnel in its use and exercise frequently to ensure a quick and agile response Figure 7 below depicts the current NSTAC design elements and identifies outstanding actions to complete the build-out of the recommended national capability Figure 7 ICTMS Vision – Now and Future NSTAC Report to the President on Information and Communications Technology Mobilization 27 President’s National Security Telecommunications Advisory Committee The top of Figure 7 depicts the current situation As noted the NSTAC has identified the ICT functionalities most likely necessary to support incident management for large-scale cyber events It then outlined a unified risk assessment approach that suggests when an incident might require increased operational coordination between industry and Government and highlights the nature of the support and collaboration in a five-level CyberCon graphic However at present the precise character and content of the actions to be taken cannot be fully populated for levels YELLOW through RED In order to be effective the total national ICT mobilization effort will require clear mutual understanding of the national needs priorities authorities and capabilities of all partnering participants in both Government and industry Information flow must conform to clearlyunderstood guidelines reinforced through exercise and experience to ensure complete and efficient situational awareness to the extent needed by all To accomplish this goal the NSTAC envisions a greater level of mutual understanding of priorities response capabilities and authorities on both sides To some extent any plans or protective capabilities developed to meet the Nation’s NS EP goals may require new authorities commensurate with those goals Equally important will be a mutual understanding of what protection capabilities current laws can accord to industry These discussions are intended to streamline processes and permit positive actions by all in proportion to the immediate threat as it evolves These understandings define the remaining work but here the NSTAC recognizes certain limitations in its own ability to progress beyond this design phase Principal among these limitations is the type of discussions both in terms of participants and content which will require great sensitivity A trusted framework is clearly needed to ensure these discussions can be both candid and safe Furthermore there is the question of who would participate in such discussions The NSTAC believes that on the industry side the answer is embedded in the elements of the ICT enablers and their professional and technical equities This industry group would need to be matched by government experts and organizational representatives from across the national security domain some of whom may have been involved in the current effort to date Of note this would take the form of a working group with representatives chosen for their domain knowledge and expertise these representatives would be authorized to represent the views of their organization and operational actions as well as capable of articulating the full range of relevant authorities and capabilities of the organization such that these discussions could become codified in NS EP plans and procedures 20 Figure 8 below depicts these initial discussions in three steps 20 Cyber Unified Coordination Group Charter June 2014 NSTAC Report to the President on Information and Communications Technology Mobilization 28 President’s National Security Telecommunications Advisory Committee Figure 8 ICTMS Vision – Next Steps As depicted in Figure 8 the NSTAC envisions three steps required to turn the “design” in this report into a “built-out” operational capability 1 Identify Industry Constituents and U S Government Counterparts As discussed the NSTAC proposes the ICT enablers as the basis for identification of industry participants At the same time the Government would need to identify counterparts to ensure representation of all aspects of the total national security community 2 Define Government Industry Group Priorities and Capabilities Content by Level This report recommends that the President convene the group defined above with a suitable Federal official organization appointed as the coordinator for the group’s activities as they build out the plan The group would meet in a presumably trusted setting be granted access to necessary and appropriate information and commence work — The President should charge the group to mutually outline national priorities and goals for cyber protection prioritization and or recovery and to identify the likely ICT enablers that would best support those protection goals under varying scenarios — The group should address capabilities to protect prioritize and or recover in terms of the enabler’s capacity to act which is a purely mechanical ability to perform activities relevant to cyber protection — Those potential actions will in turn be evaluated in terms of the enabler’s willingness to conduct or perform them There are numerous reasons why an organization might not currently be willing to take an action it is otherwise capable of performing These could include impacts to the ecosystem liability concerns uncertain legalities risk to reputation and or foreign reaction anti-trust considerations or others — The group will then review authorities to act and thereby possibly explore and identify mitigations waivers or related indemnifications that would ameliorate stakeholders’ potential lack of willingness to take some possible action NSTAC Report to the President on Information and Communications Technology Mobilization 29 President’s National Security Telecommunications Advisory Committee — This process should be iterated through capacity-willingness-authority-revise authorityfeedback and review until the range of options is exhausted To the extent current law does not provide the sufficient authorities to meet all the NS EP goals identified in the discussions outlined above this gap should be captured for future review in a different environment — The group should establish the specific events conditions circumstances and or actions which will serve to trigger and invoke the protections defined above 3 Define Level-Crossing Criteria At this point the group comprised of both industry and Government has identified and specified a number of response options and capabilities many of which are expected to be conditional on having risen to some high level of crisis Accordingly the various actions new authorities waivers and other considerations will have been mapped to specific levels of the CyberCon What remains is to determine any specific circumstances observable conditions or events that might serve to clearly define progression across levels escalation or de-escalation as crises evolve Should these interface specifications be clearly defined they can be codified for implementation along with suitable details regarding action options by level 8 1 Implementing Operational Capabilities The NSTAC expects that many details related to the internal content of the CyberCon model once populated will remain very sensitive and in all likelihood will never be broadly promulgated However the NSTAC is confident that just as with other national security planning and policy regimes of the past and present such as the TSP program among others such details can be protected within a visible umbrella of public policy For example to the extent current law does not provide sufficient authorities to meet all the NS EP goals identified in the discussions outlined above this information should provide a visible path forward for Government to seek the changes in law it deems necessary The visible aspect of the national approach to ICT mobilization could and should also include efforts to incorporate or modify existing incident response plans programs and policies as appropriate as well as incorporate these mobilization capabilities into progressive training and exercises up to the level of National-Level Exercises In this and all other cases there should be deliberate attention especially initially to establish accountability for capturing lessons learned and operational feedback to refine procedures and plans which will build confidence and understanding on the part of all participants While a portion of the initial discussions may be conducted in a trusted environment the NSTAC believes that most of the implementation training and exercise activities can be accomplished within a transparent partnership environment 9 0 CONCLUSION In this report the NSTAC outlines a unified risk assessment approach that suggests when increased operational coordination within industry as well as between industry and Government might be required and then highlights the level of support and collaboration in a five-level CyberCon graphic The NSTAC finds that providers of certain ICT functionalities referred to as ICT enablers would most likely be the entities most necessary to support incident management for large-scale cyber events The NSTAC further provides potential templates for how the ICT NSTAC Report to the President on Information and Communications Technology Mobilization 30 President’s National Security Telecommunications Advisory Committee enablers could collaborate within that community as well as how support from the ICT enablers might be integrated into current national cyber incident response plans and response bodies The NSTAC further outlines some of the challenges facing the ICT enablers in the global economy This analysis directly addresses a portion of the original NSTAC tasking specifically the following Research and identify conditions triggers thresholds and situations that might require increased operational coordination across industry as well as between industry and Government Research and recommend a methodology by which Government and industry can identify critical commercial assets functions and or capabilities that if operationally coordinated would be helpful or are necessary to respond to a cyber-related event of national significance and Research and recommend an operational framework that 1 allows for agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response The analysis addressing these three topics within this report provides a framework design and a strategic vision for industry-Government collaboration in the case of a serious cyber incident This report then recommends additional follow-on steps to facilitate the completion of this framework and build the ICT mobilization capability The NSTAC believes that the findings in this report and recommendations outlined in Section 10 will lead to a national ICT mobilization capability that will support prioritized response across the full spectrum of NS EP events with cyber implications 10 0 RECOMMENDATIONS Developing a national ICT mobilization capability will require a clear understanding of the mutual national needs priorities authorities and capabilities of all partnering participants in both Government and industry Based on the authorities and responsibilities established by EO 13618 Assignment of National Security and Emergency Preparedness Communications Functions the NSTAC recommends the President take the following actions to ensure the Nation is prepared to manage a cyber-related event of national significance Identify and convene a representative group of organizational representatives reflecting the defined ICT functions as described herein and national security organizations of Government — Appoint a suitable Federal official to coordinate and facilitate the work of this group — Charge the group to describe mutual national priorities and objectives for protection prioritization and or recovery and to define in actionable detail the actions options authorities statutory provisions indemnifications information flow waivers and other processes specific to requesting resources from both Government and industry for those circumstances NSTAC Report to the President on Information and Communications Technology Mobilization 31 President’s National Security Telecommunications Advisory Committee — Having defined the national priorities and objectives identify the key functions and related stakeholders necessary to support them and the specific events conditions circumstances and or actions which will serve to trigger and invoke the protections defined above — Conduct an analysis of current NS EP legal and policy authorities implicated by the identified national priorities and associated actions as identified above To the extent current legal frameworks do not provide sufficient authorities to meet NS EP goals identify the maximum capabilities currently supported by law thus establishing current operational boundaries and produce a report identifying changes in current laws that would facilitate the level of coordinated protections desired — Examine existing response frameworks mechanisms bodies and constituencies and adapt expand or revise them as appropriate to meet recommended ICT response capabilities Create a comprehensive training education and exercise regime designed to enhance and maintain readiness by all Government and industry participants in this program — Develop a timeline for introduction and testing of these procedures in progressivelycomplex and large-scale exercises leading to involvement in the National Exercise Program and National-Level Exercises as soon as practicable — Provide processes to examine feedback and exercise lessons learned in order to revise and refine procedures as appropriate and as threat conditions evolve — Establish accountability and ownership across the Federal Government for follow-up on lessons learned and identified gaps to produce an improvement plan a plan of action and milestones and to create a methodology for testing those improvements in succeeding exercises Develop global norms for national cyber response in partnership with industry incorporating industry expertise and experience to the maximum extent possible NSTAC Report to the President on Information and Communications Technology Mobilization 32 President’s National Security Telecommunications Advisory Committee APPENDIX A MEMBERSHIP SUBCOMMITTEE MEMBERS Ms Renée James Co-Chair Mr Glen Post Co-Chair Ms Kathryn Condello ICTMS Working Group Co-Chair Mr Patrick Flynn ICTMS Working Group Co-Chair Akamai Technologies Incorporated Mr David Belson AT T Incorporated Mr Brooks Fitzsimmons Avaya Incorporated CenturyLink Incorporated Mr Mr Mr Ms Mr Communication Technologies Incorporated Mr Milan Vlajnic Department of Homeland Security Mr Adam Bulava Mr John O’Conner Ericsson S A Ms Louise Tucker FireEye Incorporated Mr Richard Bejtlich Frontier Communications Corporation Mr Michael Saperstein Mr Erwin Wardojo Ms Denise Anderson Financial Services Information Sharing and Analysis Center Intel Corporation Tony Anastasio David Aschkinasi Michael Glenn Sara Roper Wray Varley Mr Kent Landfield Mr John Miller Mr Brian Willis Intelsat General Mr Timothy Turk Isis Defense Mr Ed Willhide Juniper Networks Incorporated Mr Robert Dix Mr Sampak Garg Microsoft Corporation Mr Chris Krebs National Security Council Executive Office of the President EOP Mr Steve Kelly Neustar Incorporated Mr Rodney Joffe NSTAC Report to the President on Information and Communications Technology Mobilization A-1 President’s National Security Telecommunications Advisory Committee Office of Science Technology Policy EOP Dr Michael Johnson Palo Alto Networks Mr William Gravell Raytheon Company Mr William Russ Sprint Corporation Mr Chuck Brownawell tw telecom Mr Colin Gosnell Mr Henry Yu Verizon Communications Incorporated Mr Marcus Sachs Vonage Holdings Corporation Mr Venkat Pakeeru OTHER PARTICIPANTS AT T Incorporated Ms Rosemary Leffler Aveshka Incorporated Ms Lisa Beury-Russo CSC Mr Guy Copeland Department of Homeland Security Ms Jennine Gilbeau Mr Neil Jenkins BRIEFERS – SUBJECT MATTER EXPERTS Atlantic Council Mr Jason Healey Mr Frank Kramer Department of Defense Lt Col David Halla Mr Guy Walsh Department of Homeland Security Mr Brandon Wales Ms Bridgette Walsh Mr Larry Zelvin IBM Mr Peter Allor Intel Corporation McAfee Mr Brent Conran National Cybersecurity Center–Finland Mr Kauto Huopio Mr Jarkko Saarimaki NSTAC Report to the President on Information and Communications Technology Mobilization A-2 President’s National Security Telecommunications Advisory Committee SUBCOMMITTEE MANAGEMENT Designated Federal Officer NSTAC Ms Helen Jackson Alternate Designated Federal Officer NSTAC Ms Suzanne Daage Triumph Enterprises Incorporated Ms Emily Morin NSTAC Report to the President on Information and Communications Technology Mobilization A-3 President’s National Security Telecommunications Advisory Committee APPENDIX B ACRONYMS BAU Business as Usual COA Course of Action CIR Cyber Incident Response CSIRT Computer Security Incident Response Team CyberCon Cyber Condition DHS Department of Homeland Security DOD Department of Defense DOJ Department of Justice EO Executive Order ICASI Industry Consortium for Advancement of Security on the Internet ICT Information and Communications Technology ISAC Information Sharing and Analysis Center ISP Internet Service Provider IT Information Technology NCCIC National Cybersecurity and Communications Integration Center NCIRP Interim Draft National Cyber Incident Response Plan NIST National Institute for Standards and Technology NSTAC President’s National Security Telecommunications Advisory Committee SIRT Security Incident Response Team STIX Structured Threat Information Expression TAXII Trusted Automated Exchange of Indicator Information TSP Telecommunications Service Priority UCG Unified Coordination Group Cyber USIRP Unified Security Incident Response Plan NSTAC Report to the President on Information and Communications Technology Mobilization B-1 President’s National Security Telecommunications Advisory Committee APPENDIX C GLOSSARY Catastrophic Incident Any natural or manmade incident including terrorism which results in extraordinary levels of mass casualties damage or disruption severely affecting the population infrastructure environment economy national morale and or government functions Catastrophic Incident Annex to the National Response Framework Certificate Authority A trusted entity that issues and revokes public key certificates National Institute of Standards and Technology NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Commercial Asset A blend of assets capabilities and functions Defined by the Information Technology IT Mobilization Scoping Subcommittee May 27 2014 Consequence Management Refers to the set of actions intended to address the manifestations of the root cause of an issue whether cyber or physical in nature including the implementation of mitigations until a completion resolution can be effected Computer Security Incident Response Team A service organization that is responsible for receiving reviewing and responding to computer security incident reports and activity Their services are usually performed for a defined constituency that could be a parent entity such as a corporate governmental or educational organization a region or country a research network or a paid client Software Engineering Institute Containment Continuous analysis of the threat response environment through security management to prevent malware external attacks or an insider threat from roaming through interconnected networks Adapted from the President’s National Security Telecommunications Advisory Committee’s NSTAC NSTAC Secure Government Communications Report August 20 2013 Critical Cyber System Asset Function An asset system or function that if affected by a physical or cyber incident that impacted its confidentiality integrity and availability would have significant negative impact on the national security economic stability public confidence public health or safety of the United States Multi-State Information Sharing and Analysis Center Critical Infrastructure Systems and assets whether physical or virtual so vital that the incapacity or destruction of such may have a debilitating impact on the security economy public health or safety environment or any combination of these matters across any Federal State regional territorial or local jurisdiction National Infrastructure Protection Plan Defense Support of Civil Authorities Support provided by U S Federal military forces Department of Defense DOD civilians DOD contract personnel DOD component assets and National Guard forces when the Secretary of Defense in coordination with the Governors of the affected States elects and requests to use those forces in title 32 U S C status in response to requests for assistance from civil authorities for domestic emergencies law enforcement support NSTAC Report to the President on Information and Communications Technology Mobilization C-1 President’s National Security Telecommunications Advisory Committee and other domestic activities or from qualifying entities for special events Also known as civil support Office of the Assistant Secretary of Defense for Homeland Defense Distributed Denial of Service Attacks A denial of service technique that uses numerous hosts to perform the attack and prevents the authorized access to resources or delays time-critical operations NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Domain Name Services DNS A mechanism used in the internet and on private intranets for translating names of host computers into addresses DNS allows host computers not directly on the Internet to have registered names in the same style Newton’s Telecom Dictionary Incident Management Refers to the set of actions intended to address the root cause of the incident at hand e g software or hardware vulnerability a network compromise etc Information Sharing and Analysis Center ISAC Trusted entities established by Critical Infrastructure Key Resource CI KR owners and operators to provide comprehensive sector analysis which is shared within the sector with other sectors and with Government ISACs take an all-hazards approach and have strong reach into their respective sectors with many reaching over 90 percent penetration Services provided by ISACs include risk mitigation incident response and alert and information sharing National Council of ISACs http www isaccouncil org aboutus html Information Technology Equipment processes procedures and systems used to provide and support information systems computerized and manual within an organization and those reaching out to customers and suppliers Newton’s Telecom Dictionary Internet of Things The total interconnected collection of device networks Newton’s Telecom Dictionary Internet Protocol IP Part of the Transmission Control Protocol IP TCP IP family of protocols describing software that tracks the Internet address of nodes routes outgoing messages and recognizes incoming messages used in gateways to connect networks at Open Systems Interconnection network Level 3 and above Newton’s Telecom Dictionary IP Multimedia System An open Next Generation Networking NGN multi-media architecture for mobile and fixed IP services It is used by telecom operators of NGN which combine voice and data in a single packet switched network to offer network-controlled multimedia services Newton’s Telecom Dictionary Intrusion Prevention System System s which can detect an intrusive activity and can also attempt to stop the activity ideally before it reaches its targets NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Intrusion Detection Systems Hardware or software product that gathers and analyzes information from various areas within a computer or a network to identify possible security breaches which include both intrusions attacks from outside the organizations and misuse NSTAC Report to the President on Information and Communications Technology Mobilization C-2 President’s National Security Telecommunications Advisory Committee attacks from within the organizations NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Large-Scale Cyber Attack See “significant cyber incident ” Machine to Machine M2M Technologies that enable computers embedded processors smart sensors actuators and mobile devices to communicate with one another take measurements and make decisions often without human intervention M2M Technology in Demand Responsive Commercial Buildings Maximum Segment Size A parameter of a TCP protocol that specifies the maximum amount of data that can be received through the specific connection at that time Internet Engineering Task Force Mitigations The actions of reducing the severity seriousness or painfulness of something National Security Emergency Preparedness NS EP Communications Telecommunication services that are used to maintain a state of readiness or to respond to and manage any event or crisis local national or international which causes or could cause injury or harm to the population damage to or loss of property or degrades or threatens the NS EP posture of the United States 47 Code of Federal Regulations Chapter II § 201 2 g Also NS EP communications also include primarily those technical capabilities supported by policies and programs that enable the Executive Branch to communicate at all times and under all circumstances to carry out its mission essential functions and to respond to any event or crisis local national or international to include communicating with itself the Legislative and Judicial branches State territorial tribal and local governments private sector entities as well as the public allies and other nations NS EP communications further include those systems and capabilities at all levels of government and the private sector that are necessary to ensure national security and to effectively manage incidents and emergencies NS EP Communications Executive Committee definition based on Executive Order 13618 Networks Information system s implemented with a collection of interconnected components Such components may include routers hubs cabling telecommunications controllers key distribution centers and technical control devices NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Operating System A software program which manages the basic operations of a computer system Newton’s Telecom Dictionary Over-the-Top Communications The ability to deliver real-time communication services and applications across IP networks Oracle Patch An update to an operating system application or other software issued specifically to correct particular problems with the software NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 NSTAC Report to the President on Information and Communications Technology Mobilization C-3 President’s National Security Telecommunications Advisory Committee Protocol A set of rules and formats semantic and syntactic permitting information systems to exchange information NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 Radio Access Network Controls the transmission and reception of radio signals across cellular networks Significant Cyber Incident A severe or critical incident on the Cyber Risk Alert Level System A significant cyber incident is likely to cause or is causing harm to critical functions and services across the public and private sectors by impairing the confidentiality integrity or availability of electronic information information systems services or networks A significant cyber incident may destroy degrade or disrupt the cyber infrastructure and or the integrity of the information that supports the private and public sectors Complications from a significant cyber incident may threaten public health or safety undermine public confidence have a debilitating effect on the national economy or diminish the security posture of the Nation A significant cyber incident may adversely affect the Nation’s ability to project force and may have implications on the Nation’s strategic deterrence capability Draft Cyber Capabilities Planning Framework Structured Threat Information Expression STIX A collaborative community-driven effort to define and develop a standardized language to represent structured cyber threat information The STIX language intends to convey the full range of potential cyber threat information and strives to be fully expressive flexible extensible automatable and as human-readable as possible All interested parties are welcome to participate in evolving STIX as part of its open collaborative community TAXII is the main transport mechanism for cyber threat information represented as STIX Through the use of TAXII services organizations can share cyber threat information in a secure and automated manner http stix mitre org Sustainability The ability to maintain the necessary level and duration of operational activity to achieve military objectives Sustainability is a function of providing for and maintaining those levels of ready forces materiel and consumables necessary to support military effort Joint Capabilities Integration and Development System JCIDS Manual Sustainment Activities The provision of personnel training logistics and other support required to maintain and prolong operations or combat until successful accomplishment or revision of the mission or of the national objective JCIDS Manual Telecommunications Service Priority TSP A regulatory administrative and operational system authorizing and providing for priority treatment i e provisioning and restoration of NS EP telecommunications services http www dhs gov telecommunications-service-prioritytsp TSP Policy Establishes the framework for telecommunication service vendors to provision restore or otherwise act on a priority basis to ensure effective NS EP telecommunications services The NS EP TSP System allows the assignment of priority levels to any NS EP service NSTAC Report to the President on Information and Communications Technology Mobilization C-4 President’s National Security Telecommunications Advisory Committee across three time periods or stress conditions Peacetime Crisis Mobilizations Attack War and Post-Attack Recovery ” Electronic Code of Federal Regulation – Appendix A to Part 64 TSP - Control Services and Orderwires The NS EP TSP System and procedures are not applicable to control services or orderwires owned by a service vendor and needed for provisioning restoration or maintenance of other services owned by that service vendor Such control services and orderwires have priority provisioning and restoration over all other telecommunications services including NS EP services and are be exempt from preemption Electronic Code of Federal Regulation – Appendix A to Part 64 Threat Any circumstance or event with the potential to adversely impact agency operations including mission functions image or reputation agency assets or individuals through an information system via unauthorized access destruction disclosure modification of information and or denial of service NIST Special Publication 800-53 CNSS Instruction CNSSI 4009 Adapted Trusted Automated Exchange of Indicator Information TAXII Defines a set of services and message exchanges that when implemented enable sharing of actionable cyber threat information across organization and product service boundaries TAXII through its member specifications defines concepts protocols and message exchanges to exchange cyber threat information for the detection prevention and mitigation of cyber threats TAXII is not a specific information sharing initiative or application and does not attempt to define trust agreements governance or other non-technical aspects of cyber threat information sharing Instead TAXII empowers organizations to achieve improved situational awareness about emerging threats enabling organizations to share the information they choose with the partners they choose TAXII is the preferred method of exchanging information represented using the Structured Threat Information Expression STIX language enabling organizations to share structured cyber threat information in a secure and automated manner http taxii mitre org Unauthorized Result An unauthorized result is one that includes 1 Increased access 2 Disclosure of information 3 Corruption of information 4 Denial of service or 5 Theft of resources A Common Language for Computer Security Incidents” by John D Howard and Thomas A Longstaff Sandia National Laboratories Sandia Report SAND98-8667 Virtual Private Network A virtual network built on top of existing physical networks that provides a secure communications tunnel for data and other information transmitted between networks NIST Glossary of Information Security Terms – NISTIR 7298 Revision 2 NSTAC Report to the President on Information and Communications Technology Mobilization C-5 President’s National Security Telecommunications Advisory Committee APPENDIX D LIST OF HISTORICAL EVENTS Name of Incident Robert Tappen Morris The Morris Worm Kevin Mitnick and Kevin Poulsen Computer and Phone Hacking Solar Sunrise Moonlight Maze Titan Rain Buckshot Yankee Melissa ILoveYou Code Red Slammer Sasser MafiaBoy DNS Root Server Attacks Internet Routing Attacks Estonia and Georgia Cyber Attacks Heartland Hannaford TJX Epsilon Sony RSA Target others Conficker Zeus Mariposa Anonymous and Lulzsec Flame Stuxnet Shamoon Saudi Aramco Cyber Attack RasGas Cyber Attack Finance and Banking Industry Cyber Attacks Heartbleed Shellshock Dragonfly Type of Incident Worm Date 1988 Computer and phone hacking 1992 – 1995 Probing hacking of military networks 1998 – 2004 Computer viruses worms 1999 – 2004 Distributed denial of service DDoS attacks DDoS attacks Border Gateway Protocol attacks originating overseas DDoS attacks website defacements Data breaches malware spear phishing 2000 2002 2007 2004 2008 2010 2013 2007 2008 2007 – 2013 Worms malware botnets Targeted ideological hacking data breaches Cyber espionage malware targeting internal computer systems Spear phishing malware Spear phishing malware DDoS attacks 2008 – 2014 2011 – 2012 Security vulnerability in OpenSSL Malware targeting industrial control systems 2014 2012 2012 2012 2012 – 2013 2014 NSTAC Report to the President on Information and Communications Technology Mobilization D-1 President’s National Security Telecommunications Advisory Committee APPENDIX E ICASI BACKGROUND The Industry Consortium for Advancement of Security on the Internet ICASI was founded in 2008 in Washington D C by Cisco IBM Intel Juniper and Microsoft In addition to the founding organizations the general membership currently includes Amazon Oracle and RIM The purpose of ICASI is to proactively collaborate in a trusted environment analyze mitigate and manage multi-vendor security challenges innovate the processes and practices needed to enhance the global security landscape and protect the cyber ecosystem 21 These ICASI members are leading global information technology IT companies that are dedicated to 1 increasing the speed and effectiveness of multi-vendor cross-product and cross-border security response 2 developing a common operational response protocol 3 sharing knowledge of current and future threats and 4 providing industry expertise on emerging global threats security response planning and security engineering innovation 22 ICASI has an opportunity to protect its customer base and advance Internet security In order to do this industry vendors look beyond their individual response processes and collaborate to obtain more agile and innovative cybersecurity approaches There are six stages to responding to cross product and border security challenges including 1 analysis 2 containment 3 remediation 4 mitigation protection 5 coordination and 6 recovery ICASI’s unified response process addresses four of these stages including 1 analysis 2 remediation 3 mitigation protection and 4 coordination If there is a vulnerability in a system many researchers do not fully understand the threat therefore ICASI conducts an in-depth analysis to determine what the threat is and the potential impact it could have on the ecosystem Containment occurs on an individual organizational level and is the purview of a Computer Security Incident Response Team and vendors ICASI has several standing working groups including the Common Vulnerability Reporting Framework CVRF the Coordination Working Group and the Unified Security Incident Response Plan USIRP ICASI developed the CVRF as a framework to explain how to exchange data about vulnerabilities based on an XML-based language while the coordination working group determines how ICASI establishes and promotes best practices around multifaceted vulnerability disclosure coordination ICASI’s USIRP allows member companies’ Security Incident Response Teams SIRT to work together to effectively respond to and resolve complex multi-vendor Internet security issues The ICASI USIRP includes three major categories 1 vulnerabilities may take weeks to months to resolve 2 incidents that impact three or more members urgent emergent and 3 strategic response persistent ongoing or longterm problems 23 Anyone can trigger a USIRP and entities may use the USIRP mailing list to ask for help on compelling cybersecurity issues Once contacted incident response experts from member companies meet in a trusted forum to triage the issue and discuss impacts and 21 ICASI “Beyond Response Advancing Internet Security Global Multi-Vendor Incident Response ” briefing to the NSTAC ICASI briefing to the NSTAC 22 ICASI briefing to the NSTAC 23 ICASI briefing to the NSTAC NSTAC Report to the President on Information and Communications Technology Mobilization E-1 President’s National Security Telecommunications Advisory Committee consequences as well as key stakeholders needed to help mitigate the issue If the incident is being handled by another part of the cyber ecosystem ICASI will determine how it can best use its expertise and trusted forum to help mitigate the problem leveraging its ability to reach beyond members to a wider community for expertise ICASI’s current unified process reflects decision and coordination checkpoints between members’ existing SIRT processes The unified response process includes coordination points between member legal corporate communications government affairs and incident response Teams Key USIRP capabilities include Secure collaboration for members Common structured process to follow Ability to reach beyond members to wider community Quick reaction and triage Deep and broad technical resources of members Leverages community of world class responders and Members bring visibility into vulnerability and threats across hardware and software stacks 24 24 ICASI briefing to the NSTAC NSTAC Report to the President on Information and Communications Technology Mobilization E-2 President’s National Security Telecommunications Advisory Committee Figure 9 ICTC Unified Security Incident Response Team Collaboration Process NSTAC Report to the President on Information and Communications Technology Mobilization E-3 President’s National Security Telecommunications Advisory Committee APPENDIX F PREVIOUS NSTAC RECOMMENDATIONS In 2003 the NSTAC’s Legislative and Regulatory Task Force LRTF was tasked with analyzing the information sharing environment since the enactment of the Critical Infrastructure Information CII Act to determine whether barriers to information sharing still exist between industry and the Federal Government The LRTF determined that Government and industry share information and that the CII Act and the final Department of Homeland Security DHS information sharing rules are essential for the success of future information sharing The LRTF found that the disclosure of information and liability concerns remains a significant issue due to certain conditions under the CII Act Since DHS is the only Federal agency covered under the CII Act critical infrastructure data could have potentially been disclosed under the Freedom of Information Act FOIA to other Federal agencies or industry groups Additionally private industry has concerns with sharing information and participating in Information Sharing and Analysis Centers ISAC because they want to protect their primary business interests e g their customers and stakeholders and it is also very costly to share information with the Government The LRTF determined that certain liability still existed in information sharing however developing strong trust between Government and industry is essential in the establishment of an information sharing program The NSTAC recommended that the President direct the appropriate departments and agencies in coordination with industry to Develop a process to resolve multi-jurisdictional Federal State and local conflicts within the appropriate boundaries of Federalism and national homeland and economic security Work with Congress to modify the CII Act so that DHS is the clearinghouse and sole dispenser of CII information Encourage Congress to extend the protections of the CII Act to cover departments and agencies other than DHS and if other agencies should be designated as such the NSTAC recommends that they adopt the same rules and procedures as DHS for handling CII and Work diligently with Congress to ensure the CII Act’s provisions remain intact Following this NSTAC report DHS developed and initiated the Protected Critical Infrastructure Information PCII program which acted as a clearinghouse and disseminator of CII information Additionally the Executive Office of the President was asked to convene a meeting to review recommendations in the NSTAC’s policy conflict letter and “analyze their impact to national security and emergency preparedness communications ” The NSTAC anticipates that the recommendations and findings established in the LRTF report will be reviewed and utilized to provide additional insights and knowledge during the suggested Phase Two effort NSTAC Report to the President on Information and Communications Technology Mobilization F-1 President’s National Security Telecommunications Advisory Committee APPENDIX G FINDINGS Finding Report Section Page Number 3 0 7 3 1 2 12 3 1 3 13 4 1 16 The unified risk assessment of a potential or actual impact provided an indicator of whether an issue should escalate or de-escalate The assessment is a function of three criteria parameters including Event Characteristics Does the potential or actual event or series of events manifest characteristics that could result in substantive disruption corruption or destruction of critical infrastructure EO 13636 Section 9 entities and sector resources Intelligence Sources Do the perpetrators i e threat actor s have the means intent or ability to escalate the potential or actual event to an event of national significance Capability to Respond Based upon prior knowledge does industry have the capability to respond and address the incident without changes in legal authority rules of engagement or operating framework The ORANGE level represents the domain of extensive coordination and collaboration between Government and industry in terms of dynamic protocols and procedures At lower levels current practiced behavior should be sufficient to maintain stability and flow in response to cyber incidents however much changes in the industryGovernment relationship as industry moves from utilizing existing authorities within YELLOW to requesting incremental Government authorities in ORANGE It will be important to thoughtfully develop specific new protocols authorities expectations and procedures well in advance of the need and to exercise and train to these protocols to ensure progressive refinements over time The RED level conceptually represents a cyber emergency of the severest nature and greatest potential impact At this level the total commitment of industry to sustain network and system operations will be insufficient to meet the national need Accordingly Government will be expected to convey priorities and industry will do all that is possible to support national survival under Government direction and within a comprehensive legal and operational framework The response capabilities inherent within enterprises or their ISACs will not likely be the capabilities necessary to address the circumstances in an event of national significance NSTAC Report to the President on Information and Communications Technology Mobilization G-1 President’s National Security Telecommunications Advisory Committee ICT enablers represent the functionalities foundational to the global cyber ecosystem and are most capable to address the threats develop mitigation strategies and or implement systemic remediation The NSTAC believes that ICT enablers likely represent the commercial assets functions and or capabilities that if operationally coordinated would be helpful or necessary to respond to a cyberrelated event of national significance Coordinated incident response by ICT enablers at ORANGE REDlevel events may necessitate Government authorities despite the potential for positive impact as there may be accompanying unintended consequences of such action Properly addressing events of national significance warranting the mitigation efforts of multiple ICT enablers will require ensuring that any mitigation strategies developed consider all potential consequences—as well as impacts on all potentially impacted stakeholders including global Internet users—and are fully authorized by requisite legal and Government authorities in the United States and other relevant jurisdictions Since the global cyber ecosystem is foundationally civilian the U S Government should continue its dialogue to establish global norms for national cyber response and incorporate industry in those discussions to the maximum extent possible The ICASI USIRP process framework leverages existing industry best practices and offers a potential unified incident response model to provide for an “agile effective and distributed implementation across numerous stakeholders resulting in a coherent unified and dynamic national response ” In pre-impact ORANGE-level scenarios the protocols for how industry can request and receive incremental Governmental information capabilities or authorities are not well understood This understanding is necessary particularly for an environment when fast industry response is essential for mitigation or containment At the RED level there is little industry understanding regarding Government goals or priorities for pre-impact protection or postimpact recovery however this is precisely the assessment and understanding that industry must gain The NSTAC believes there are sufficient U S -based entities performing ICT enabler roles to engage in this necessary dialogue and will suggest a path forward for accomplishing these goals 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