When cybersecurity professionals consider residual risk, oftentimes the immediate thought is directed towards physical or technical controls. While these areas often have the most risk to analyze and mitigate, administrative controls should not be dismissed as having little risk involved.
Arguably, administrative controls, as primarily dealing with the human element, may have some of the highest risk, certainly in the form of inherent risk but also in residual risk. This risk level is dependent on factors including the organizational structure, the maturity of the security environment, and the regulations surrounding specific industries. As administrative controls, when considered contextually, essentially touch every layer of an organization, the risk surface of these controls in particular is all-encompassing.
The development of administrative security controls often involves an understanding of the objectives of the organization, and the current regulations that must be used to address inherent risk. These regulations, often designed for a specific protection such as a consumer, add additional complexity that may actually introduce new risk when these pieces of legislation dictate a specific implementation. In these situations, when a specific implementation is required, risk can be introduced by removing the basic layer of obscurity between organizational structures. Admittedly, this can improve the overall industry, but failing to acknowledge new risk is tantamount to negligence.
The recent push by several cybersecurity firms to address issues with the DMCA, in particular section 1201, demonstrates how legislation, a form of administrative control, can introduce risk to an entire industry while attempting to provide a different benefit. Section 1201 outlines anti-circumvention mandates that protect copyright owners by preventing the use of descrambling, decryption, deactivation, impairment, bypass, or removal of a technological measure. This has proven troublesome as ethical security researchers are subjected to suppression of their research or release of information that may be damaging to the vendor’s reputation, but also may allow vulnerabilities to continue to exist through the simple act of putting protections on their software. Violators of this rule, who may be in good faith attempting to prevent security breaches in organizations that utilize a vulnerable piece of software, could be subjected to fines and jail. This increase in risk is difficult to determine and the likelihood or scope of flaws may be unknown.
Beyond injection of risk due to known governance, additional residual risk may remain in the processes that an organization conducts during a security breach. In addition to the containment, remediation, identification, and other steps taken, future legal recourse on the behalf of clients, vendors, or governmental agencies must be considered. Administrative controls that do not encompass the actions to be taken before, during, and after a breach, including documentation, may allow residual risk to remain. Ineffective administrative controls on chain of custody, or general gossip may allow risk as future lawsuits can be adversely affected and employees not directly related to the breach may be deposed if information relating to the breach is spread or released. This additional residual risk is difficult to quantify as the ramifications in this type of situation could have a severe financial impact on the organization or lead to jailtime for employees of the organization.
Further, administrative controls outside the scope of the organization may play a role in residual risk as evidenced by the arrest of two Coalfire security penetration testers who, while fully documented, planned, researched, and approved, found themselves in jail while testing the security of a courthouse. Despite promptly complying with the officers who arrived, providing paperwork and contracts which showed their lawful entry, these two testers were put in jail with $100,000 dollar bonds. While they were released after a period of time, this bears evidence of failures in administrative controls by the arresting officer’s department. While detainment to verify information is expected, allowing these testers to be subjected to jail for over 24 hours is a form of unknown and therefore, residual risk.
There will always be inherent and residual risk in administrative controls, as the primary target, the human element, has the largest impact on the design, implementation, and execution of these forms of controls. The utilization of insurance in this aspect is one way to mitigate this form of risk, but acknowledging and analyzing the risks associated with administrative controls, inherent, residual, and injected, allows for increased system hardening for any organization. While providing an exact value of the residual risk associated with administrative controls is difficult, if not impossible, I would best describe a current view formula as (The Human Element)X or the human element exponentially dependent on the number of interactions with other humans.
Reference:
Dosal, E. (1 October 2019). ‘What are Administrative Controls.’ CompuQuip Cybersecurity. https://www.compuquip.com/blog/what-are-administrative-security-controls
MIT. (n.d.). ‘Security Controls.’ MIT. https://web.mit.edu/rhel-doc/4/RH-DOCS/rhel-sg-en-4/s1-sgs-ov-controls.html
Osbourne, C. (3 February 2020). ‘Charges Dropped Against Coalfire Security Team Who Broke Into Courthouse During Pen Test.’ ZDNET. https://www.zdnet.com/article/charges-dropped-against-penetration-testers-who-broke-into-courthouse/
Osbourne, C. (5 August 2021). ‘Black Hat: How Cybersecurity Incidents Become Legal Minefields.’ ZDNET. https://www.zdnet.com/article/black-hat-how-cybersecurity-can-be-a-legal-minefield-for-lawyers/
Osbourne, C. (24 June 2021). ‘Cybersecurity Firms Battle DMCA Rules Over Good-Faith Research.’ ZDNET. https://www.zdnet.com/article/cybersecurity-firms-battle-dmca-rules-over-good-faith-research/