SEC Breach Disclosure Rule Exploited by Cyber-Extortionists

SEC Breach Disclosure Rule Exploited by Cyber-Extortionists

The News: The BlackCat ransomware gang, also known as ALPHV, has filed a complaint with the US Securities and Exchange Commission (SEC) against a company that refused to negotiate with it. This is the start of what is likely to be a trend of cyberattackers utilizing the SEC’s forthcoming requirement for organizations to report material data breaches and cyber incidents, set to go into effect on December 15, 2023, to coerce payments.

SEC Breach Disclosure Rule Exploited by Cyber-Extortionists

Analyst Take: With cyberattacks growing ever more sophisticated and impactful to organizations of all industries and regions, the US SEC is implementing new legislation that requires public companies to disclose material cybersecurity incidents within 4 days of becoming aware of them. This legislation is being put in place for a few reasons:

  • Protecting investors from financial losses, reputational damage, and legal liabilities that can result from cyberattacks. This can also have the byproduct of increasing investor confidence, as a result encouraging continued or additional investment.
  • Increasing transparency, given the fact that cyberattacks can, and often do, have ripple effects across other companies – as a result negatively affecting markets’ overall stability.
  • Along a similar vein, coordinating detection and response to widespread attacks and uncovering new patterns or tactics that might be emerging among malicious actors.

The legislation comes on the heels of the lawsuit filed by the US SEC against observability and IT management software provider SolarWinds and its chief information security officer (CISO) on October 30. The lawsuit accuses investor deceit through misleading statements and omissions that concealed known security-related risks, vulnerabilities, and weaknesses in the aftermath of a cyberattack that occurred in 2020 and that affected a variety of US government and public sector organizations.

Already, this approach is a new tactic that cyber extortionists are using to coerce payments. Specifically, BlackCat has filed a complaint with the SEC against MeridianLink, a digital lending solutions provider to financial institutions, for alleged failure to disclose a breach that compromised customer data. This complaint followed BlackCat listing MeridianLink on its data leak website – an extortion tactic used by many ransomware gangs to pressure victims into paying the demanded ransom.

I anticipate that BlackCat will be far from the last ransomware gang looking to utilize the new SEC legislation to their advantage, given the uncertainty that exists as to what exactly defines a “material” data breach or compromise to security. It is also considering that CISOs already face increased and serious stakes because they can be held personally liable if their organization’s cybersecurity posture or data breach impact are deemed to be misrepresented. In fact, it raises questions about the efficacy of the new SEC rules until there is more clarity. One thing is certain, though. Cybersecurity, and as a result compliance, are dynamic and require constant vigilance and adaptation.

Disclosure: The Futurum Group is a research and advisory firm that engages or has engaged in research, analysis, and advisory services with many technology companies, including those mentioned in this article. The author does not hold any equity positions with any company mentioned in this article.

Analysis and opinions expressed herein are specific to the analyst individually and data and other information that might have been provided for validation, not those of The Futurum Group as a whole.

Other insights from The Futurum Group:

Top Security Issues Organizations Need to be Paying Attention to in 2023: Six Five On the Road at .conf23

What Is Comprehensive Cyber-Resiliency? — Infrastructure Matters, Episode 4

CISA Launches RVWP, a New Ransomware Warning Pilot Program Designed for Critical Infrastructure Entities

Author Information

Krista Case

Krista Case brings over 15 years of experience providing research and advisory services and creating thought leadership content. Her vantage point spans technology and vendor portfolio developments; customer buying behavior trends; and vendor ecosystems, go-to-market positioning, and business models. Her work has appeared in major publications including eWeek, TechTarget and The Register.

Related Insights
AI Agents Are Everywhere. Security Controls Are Not.
October 22, 2026

AI Agents Are Everywhere. Security Controls Are Not.

IRONSCALES' 2026 Cybersecurity Threat Report exposes a critical gap: 96% of organizations deploy AI agents, but only 52% have comprehensive security controls in place. The result? 77% already experienced AI-agent-related...
Microsoft Points Project Perception at the Agents Already Inside
October 21, 2026

Microsoft Points Project Perception at the Agents Already Inside

Fernando Montenegro, Vice President & Practice Lead, Cybersecurity & Resilience at Futurum, Microsoft's Project Perception discovers, contains, and supervises internal AI agents using new identity, permissions, and Guardian Agent capabilities....
Conduent's NJ Chip-EBT Rollout Signals a Fraud-Prevention Platform Play
October 21, 2026

Conduent's NJ Chip-EBT Rollout Signals a Fraud-Prevention Platform Play

Conduent partners with New Jersey to deploy chip-enabled, tap-to-pay EBT cards, positioning its VeriSight Anti-Fraud Solutions as a competitive differentiator for state government contracts managing $80 billion in annual benefit...
DigiCert Bets on FedRAMP 20x to Own Federal Digital Trust
October 21, 2026

DigiCert Bets on FedRAMP 20x to Own Federal Digital Trust

DigiCert entered the FedRAMP Marketplace pursuing FedRAMP 20x Class C certification, positioning itself as the first company in its sector to target the most rigorous level under the modernized framework...
Microsoft Sovereign Cloud Shifts the Focus to Customer-Run AI
October 20, 2026

Microsoft Sovereign Cloud Shifts the Focus to Customer-Run AI

Nick Patience, VP and Practice Lead for AI Platforms at Futurum, shares his insights on Microsoft Sovereign Cloud's push into customer-run AI and why public cloud controls still leave Europe's...
Veeam Brings AI Agent Undo to Microsoft 365 With Intelligent ResOps
October 19, 2026

Veeam Brings AI Agent Undo to Microsoft 365 With Intelligent ResOps

Fernando Montenegro, Vice President & Practice Lead, Cybersecurity & Resilience at Futurum, examines Veeam's launch of Intelligent ResOps for Microsoft 365, which brings AI agent discovery, sensitive data mapping, and...

Book a Demo

Welcome

The vision behind everything in Futurum’s Custom Research practice is this: research should show you what is happening, what comes next, and what to do about it. It should be personal to each audience, easy for people to grasp, and structured so LLMs can reason over it accurately. And it should be fast and turnkey; you want answers now, not another project to carry for quarters.

Whether you are defining business, channel, or go-to-market strategy; evaluating vendors or justifying ROI; or commissioning research to fill an emerging market need, we have your back, with a program that answers your questions with the objectivity and credibility to drive real decisions.

To do it, we bring unmatched data to bear: Futurum research, surveys, and market projections; validated market feeds; ETR’s 15 years of insight from 10,000 technology decision-makers; G2’s buyer and user data; and what our analysts hear every day. Add leading primary collection, from AI-moderated voice interviews to surveys and analyst-led interviews, all turnkey, and every project comes out credible, nuanced, and actionable.

And we don’t just drop the results in your lap. For internal work, we provide analyst-led sessions, interactive dashboards, and a range of formats. For market-facing work, Futurum delivers turnkey activation and amplification that actually gets seen, by people and by LLMs, through our media and share of voice. This is research that moves decisions and markets.

We will meet you wherever you are, from a fast-turn brief to a multi-year program, and shape the work to your goals, timeline, and budget. The right program for your moment.

If any of this is useful, I would love to talk.

Benjamin Brown, VP Custom Research, Futurum Research

Benjamin Brown

VP, Custom Research · The Futurum Group

Newsletter Sign-up Form

Get important insights straight to your inbox, receive first looks at eBooks, exclusive event invitations, custom content, and more. We promise not to spam you or sell your name to anyone. You can always unsubscribe at any time.

All fields are required






Thank you, we received your request, a member of our team will be in contact with you.