Cyber incidents: How best to work with law enforcement

Cyber intrusions now affect businesses and organisations of all sizes and in all sectors and industries. The United States Department of Justice employs a whole-ofgovernment approach to investigate, disrupt and deter malicious cyber activity. We work with other law enforcement agencies; the intelligence community; civil, administrative and regulatory agencies; and the military to draw upon each partner’s unique expertise and resources, and to use whichever combination of tools will be most effective in responding to and countering a particular threat. Meeting the cyberthreat requires the help and cooperation of the private sector as well. When deciding whether to notify law enforcement of a cyber incident, organisations weigh the anticipated benefits of a proactive approach against legal, business, reputational and other practical concerns. This paper explains why working with law enforcement is the smart choice before, during and after a cyber intrusion or attack. We can help victims understand what happened; we can share context and information about related incidents; we can ensure a proper investigation and preservation of evidence; we can assist victims in dealing with regulators; and we are uniquely situated to work with other parts of the federal government to respond with possible criminal prosecution, economic sanctions, diplomatic pressure, intelligence operations and military action. Although primarily directed towards victim organisations, we hope this paper helps answer questions that all organisations’ leadership and counsel may have as they decide how their response may affect their business or mission, whether they are witnesses (eg internet service providers) or victims.