By Sarah N. Lynch
WASHINGTON, Nov 8 (Reuters) - Staffers at the U.S.
Securities and Exchange Commission failed to encrypt some of
their computers containing highly sensitive information from
stock exchanges, leaving the data vulnerable to cyber attacks,
according to people familiar with the matter.
While the computers were unprotected, there was no evidence
that hacking or spying on the SEC's computers took place, these
people said.
The computers and other electronic devices in question
belonged to a handful of employees in an office within the SEC's
Trading and Markets Division. That office is responsible for
making sure exchanges follow certain guidelines to protect the
markets from potential cyber threats and systems problems, one
of those people said.
Some of the staffers even brought the unprotected devices to
a Black Hat convention, a conference where computer hacking
experts gather to discuss the latest trends. It is not clear why
the staffers brought the devices to the event.
The security lapses in the Trading and Markets Division are
laid out in a yet-to-be-released report that by the SEC's
Interim Inspector General Jon Rymer.
NO DATA BREACHED
The revelation comes as the SEC is encouraging companies to
get more serious about cyber attacks. Last year, the agency
issued guidance that public companies should follow in
determining when to report breaches to investors.
Cyber security has become an even more pressing issue after
high-profile companies from Lockheed Martin Corp to Bank of
America Corp have fallen victim to hacking in recent years.
Nasdaq OMX Group, which runs the No. 2 U.S. equities
exchange, in 2010 suffered a cyber attack on its collaboration
software for corporate boards, but its trading systems were not
breached.
One of the people familiar with the SEC's security lapse
said the agency was forced to spend at least $200,000 and hire a
third-party firm to conduct a thorough analysis to make sure
none of the data was compromised.
The watchdog's report has already been circulated to the
SEC's five commissioners, as well as to key lawmakers on Capitol
Hill, and is expected to be made public soon.
SEC spokesman John Nester declined to comment on the
report's findings.
SEC NOTIFIED EXCHANGES
Rich Adamonis, a spokesman for the New York Stock Exchange,
said the exchange operator is "disappointed" with the SEC's
lapse.
"From the moment we were informed, we have been actively
seeking clarity from the SEC to understand the full extent of
the use of improperly secured devices and the information
involved, as well as the actions taken by the SEC to ensure that
there is proper remediation and a complete audit trail for the
information," he said.
A spokesman for Nasdaq OMX declined to comment on the
security lapse at the SEC.
Since the internal investigation was concluded, the SEC
initiated disciplinary actions against the people involved, one
of the people familiar with the matter said.
The SEC also notified all of the exchanges about the
incident.
The SEC's Trading and Markets Division, which has several
hundred staffers, is primarily responsible for overseeing the
U.S. equity markets, ensuring compliance with rules and writing
regulations for exchanges and brokerages.
Among the division's tasks is to ensure exchanges are
following a series of voluntary guidelines known as "Automation
Review Policies," or ARPs. These policies call for exchanges to
establish programs concerning computer audits, security and
capacity. They are, in essence, a road map of the capital
markets' infrastructure.
Although they are only voluntary guidelines, exchanges take
them seriously.
Under the ARP, exchanges must provide highly secure
information to the SEC such as architectural maps, systems
recovery and business continuity planning details in the event
of a disaster or other major event.
That is the same kind of data used by exchanges last week
after Hurricane Sandy forced U.S. equities markets to shut down
for two days.
Prior to re-opening, all of the U.S. stock market operators
took part in coordinated testing for trading on NYSE's backup
system.
SEC Chairman Mary Schapiro recently said the SEC is working
to convert the voluntary ARP guidelines into enforceable rules
after a software error at Knight Capital Group nearly bankrupt
the brokerage and led to a $440 million trading loss.
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