During Part 2 of our Risk Outlook Webinar Series we spoke with Eze Castle Integration Director Dan Long about how investment firms should address evolving cybersecurity risks, third party service provider oversight and employee training and education. Many of the points Dan addressed highlight questions hedge funds and private equity firms should be asking themselves.
Read on or scroll to the bottom to watch the full, 30-minute replay.
What is our commitment to cybersecurity and what is our outlook on the future?
Regulators and investors continue to ask more questions about cybersecurity because they want to know that firms are effectively mitigating risk. To meet these growing expectations, firms must demonstrate that you take cybersecurity risk seriously and have implemented sound systems, policies and procedures to combat those risks. As the threat landscape and technology continue to evolve, investment management firms need to evolve accordingly and develop better ways to counteract threats. Firms don’t necessarily need to implement every available security technology, but they should be keenly aware of their options and have a plan to effectively mitigate as much risk as possible.
How are we addressing third party risk and oversight?
Investment management firms often rely on third party vendors to obtain functionality or capabilities that they need, want or can’t afford to produce on their own. But moving functions out of the firm's control can present challenges. With any outsourced function, the firm inherently takes on additional risks at the hands of the third party. But it's critical for investment managers to limit those risks through sufficient due diligence. To combat vendor risk, financial firms need to maintain strict oversight of all third party relationships and investigate security practices and protocols, particularly for those vendors who have access to the firm's confidential information. An outsourced vendor should be providing the same level of security (or better!) as your firm would if the function was under in-house control.
Risk. Across the financial services industry, it’s a buzzword right now, and rightfully so. Perpetuated by mounting regulatory change, growing cybersecurity threats and a challenging market climate, the focus on risk is one that grows with each passing day.
As such, we are hosting a 6-week webinar series, Risk Outlook, wherein we’re interviewing industry experts on a host of risk-related topics. To kick off the series, last week we interviewed Mark Strachan, chief operating officer and compliance officer for BBL Commodities, a New York hedge fund. Read on for a recap of my conversation with Mark or scroll to the bottom to watch the webinar replay.
Question (Q): The last 5-10 years have been challenging for the investment management industry, looking back to the 2008 financial crisis as well as with increasing regulatory initiatives and changes across the investor due diligence process. How have your views on risk and the risk landscape evolved during this time? Or have they evolved?
Mark Strachan (MS): I think they’ve certainly evolved. The core features of non-investment risk – such as operational, counterparty, regulatory, security and business risk – have been constant, but they have evolved in terms of their complexity, our experiences with them, the tools available to help mitigate exposure and the focus by investors through their due diligence process.
What Investment Advisers Need to Know About the SEC Proposed Business Continuity and Transitions Plan Rule
The Securities and Exchange Commission (SEC) recently proposed Rule 206(4)-4, which would require investment advisors to enact business continuity plans (BCPs) and transition or succession plans. This rule would aid advisers in maintaining the continuity of services in the occurrence of a business disruption.
If you missed it, our recent webinar with featuring our Director of BCP Lisa Smith and speakers from Arthur Bell CPAs examines internal, external and transition-related risks to business continuity, mitigation strategy best practices and points highlighted by the SEC within the rule.
Rather watch a video? Scroll down and listen to the full webinar replay.
Potential Risks to Business Operations
The SEC stresses that investment advisers need to assess not only external threats, but also internal threats to accurately ascertain their own risk from a holistic standpoint. This evaluation is critical to identifying the risk impact to specific capabilities and operations, as well as, how they will affect the firm’s employees, clients and third parties. Advisers should take a proactive and organized approach to creating risk mitigation programs for employee activity, as well as, required systems (e.g. email and Internet). Risk mitigation programs should include documentation of processes, segregation of responsibilities, critical tools (think cross-training), etc.
The new Apple iOS version 10, that was released today, delivers some cool new features but before jumping in we recommend you review the following upgrade steps.
Here’s why. As with any major update, there can be risks associated with early adoption until issues are uncovered and Apple has the time to debug and fix them. Eze Castle Integration has learned of some significant potential issues including risk of data loss due to incompatibilities with mobile device management (MDM) applications.
So here’s a critical to-do list before starting the iOS 10 upgrade.
FIRST - BACKUP
Backup your device. Always take a backup before updating your device.
1. The best way to do this is via WiFi at night when the device is also plugged into a power source (computer or electrical outlet). iCloud will back up your device on its own if configured correctly and provided you have enough storage. To ensure this is occurring, launch the Settings App -> iCloud -> Backup and see what it says next to “Last Backup:”. If it only states a time, then it means it backed up today and no further action is needed. If it says a date, you can back up the device by clicking “Back Up Now”. (Note: WiFi is required to back up this way). If this fails, you can back up to iTunes (see next bullet) or clients can call ECI’s Help Desk for assistance.
2. Alternatively, you can backup using iTunes. Plug the device into a computer, launch iTunes, right-click on your device and click “Back Up.”
Manually backup passwords. Ensure you know your iCloud passwords, iTunes Store password, email passwords and any other critical passwords. Write them down and test them. Then safely and securely discard that information. As a best practice, there are secure password storage applications available through the App Store.
Copy anything you can’t live without. Backup anything (i.e. photos) that you cannot live without. Do so in a way that you can verify the backup easily. One option is enabling iCloud Photo Library so you can access copies of your photos on all your other iOS devices.
On Thursday, August 25, Apple released iOS 9.3.5, the latest version of its iOS and one that should not be ignored. This update addresses multiple security vulnerabilities – namely three iOS flaws that cybercriminals or governments can use to steal confidential messages and eavesdrop using your device’s camera and microphone. It is recommended that all iOS devices be updated immediately.
The Story Behind Uncovering the iOS Exploit
The story behind the discovery of these iOS exploits provides a glimpse into the lucrative world of cyberwar and cybercriminals.
It all started when an internationally recognized human rights defender, Ahmed Mansoor, received two suspicious SMS text messages with hyperlinks. Mansoor identified the messages as questionable and forwarded them to researchers at Citizens Lab and Lookout Security for investigation.
Citizens Lab and Lookout, according to their report, “determined that the links led to a chain of zero-day exploits (“zero-days”) that would have remotely jailbroken Mansoor’s stock iPhone 6 and installed sophisticated spyware.” This spyware, known as a government-exclusive “lawful intercept” product, would have made Mansoor’s phone “a digital spy in his pocket” able to use the iPhone’s camera and microphone to monitor activity near the device. It also would have allowed for recording of his WhatsApp and Viber calls, logging of messages sent in mobile chat apps, and tracking of his movements. Scary stuff.
Phishing at Its ‘Finest’
According to a Lookout Security blog post, "the attack sequence, boiled down, is a classic phishing scheme: Send text message, open web browser, load page, exploit vulnerabilities, install persistent software to gather information. This, however, happens invisibly and silently, such that victims do not know they've been compromised."
If you haven’t already, now might be a good time to check out the Eze Managed Phishing and Training Service (after you update your iPhone of course).
What did Citizens Lab and Lookout Security Do?
The following article was written and contributed by James E. Grand, Esq. of The Securities Law Group, a specialized boutique law firm dedicated exclusively to representing investment advisers.
We are often asked by advisers who are switching firms whether they can use in their own performance presentation or the predecessor firm’s performance record at their new firm. There are two separate questions here: First; if Jill Doe moves from one firm to another, can Jill use her own performance record while she worked at the old firm in the new firm’s advertising? Second, can Jill use the old firm’s overall performance record in the new firm’s advertising?
A number of SEC staff no-action letters address these questions. These no-action letters generally take the position that an advertisement that includes prior performance of accounts managed by advisors at their prior place of employment will not, in and of itself, be deemed to be misleading so long as:
1. The advertisement is consistent with SEC staff interpretations with respect to the advertisement of performance results.
2. All accounts that were managed in a substantially similar manner are advertised unless the exclusion of any account would not result in materially higher performance. For example, in one case we know of the SEC allowed a newly registered adviser solely owned by an employee to use performance data of several accounts managed by the employee prior to registration. In other words, Jill could advertise the performance of some but not all of her prior client accounts so long as such performance is not materially higher than her accounts’ overall performance.
3. The accounts managed at the old firm are so similar to the accounts currently under management at the new firm that the performance record would provide relevant information to prospective clients.
4. The person(s) managing accounts at the new firm are also those primarily responsible for achieving the prior performance results at old firm. In other words, the individual(s) primarily responsible for achieving the prior performance results must also be the individual(s) primarily responsible for the accounts at the new firm. To put in another way, it would be misleading for an adviser to advertise the performance results of accounts managed at her prior place of employment when she was one of several persons responsible for selecting the securities for the adviser’s clients. The question is whether she was actually responsible for making investment decisions without the need for consensus from other advisers (e.g., an investment committee, etc.).
5. The advertisement includes all relevant disclosures, including that the performance results were from accounts managed at another firm.
It’s no surprise that starting a hedge fund is no easy feat. In an increasingly competitive landscape challenged with evolving investor and regulatory demands, progressive technology and mounting cyber threats, emerging managers can become overwhelmed at the winding path that lay before them. Still, hundreds of emerging managers attempt launching every year due to the prospective monetary and fundamental rewards.
What sets apart successful startups from those that fail? In today’s post we will cover a few essential areas startupreneurs should consider during their launch journey.
Invest in People
Your greatest assets walk out of the door every day: Your team. Every hedge fund startup is backed by people, and the more dynamic and versatile this team is, the greater chance the firm has of achieving and sustaining a successful future. Why? Since capital is limited during the development phase, selecting people with skill sets in multiple arears is essential. Additionally, employees are ambassadors for your firm, and thus, critical to attracting investors.
The SEC and other financial regulatory bodies have increased transparency demands with regard to cybersecurity in recent years, and as such, registered investment advisers face a long list of requirements to meet on the technology and operational front. In each of its cybersecurity guidance updates, the SEC has called out the need for hedge funds and private equity firms to "indicate whether they conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities and potential business consequences", and if so, who conducts them and how often.
Risk and vulnerability assessments have not only become must-haves for financial firms due to these regulatory initiatives, but also as a result of growing investor calls for transparency. Side note: If you missed the news, Eze Castle Integration has expanded its cybersecurity consulting services to deliver comprehensive vulnerability assessments (as well as penetration testing and third party due diligence audits) across both internal and external networks. Click here to read more about Eze Vulnerability Assessments.
We field a lot of questions about what exactly a security vulnerability assessment is, so we thought it best to review what such a test entails.
Here’s a quick overview.
The type of risk assessment typically associated with information technology/security is an external vulnerability assessment. Essentially, this is the process of identifying and categorizing vulnerabilities related to a system or infrastructure. Typical steps associated with a vulnerability scan or assessment include:
Identifying all appropriate systems, networks and infrastructures;
Scanning networks to assess susceptibility to external hacks and threats;
Classifying vulnerabilities based on severity; and
Making tactical recommendations around how to eliminate or remediate threats at all levels.
Earlier this week Delta Airlines suffered a major system outage that resulted in more than 740 flight cancellations and thousands of flight delays.
Delta’s Chief Operating Officer Gil West explained that “Monday morning a critical power control module at [Delta’s] Technology Command Center malfunctioned, causing a surge to the transformer and a loss of power. The universal power was stabilized and power was restored quickly. But when this happened, critical systems and network equipment didn’t switch over to backups. Other systems did. [As a result, Delta saw] instability in these systems.”
As with any major “uh oh” moment, there are lessons that can be learned. So let’s take a look at what hedge funds can learn from Delta’s IT mishap.
1. Outdated technology can hurt in a big way. Airlines are saddled with legacy IT systems, complicated by mergers and acquisitions requiring complex integrations. Unlike airlines however, most asset management firms are not relying on technology from 80s or 90s. But that doesn’t give firms a pass when it comes to staying current with technology.
Outdated IT systems insert instability into a firm’s operations and provide holes for cyber hackers to exploit. The reality is that outdated systems will only continue to fall behind in the race of technology, trouble shooting will take longer, future applications will fail to run, or crash the server altogether, and the cost to migrate increases concurrently as the pool of experts shrinks.
2. You can’t ignore the IT industry’s transition to cloud computing. As noted in a ZDNet article, “the big question is why in 2016 airlines are being brought down by single points of failure when cloud services offer resiliency zones, backup options, and redundancy to keep critical systems running.”
Enterprise-grade clouds deliver significant resiliency in both the hardware and data centers, with cloud infrastructures spanning geographically diverse facilities. Beyond hardware, top tier cloud providers (Eze!) have teams of senior engineers managing and monitoring the infrastructure. Additionally systems are upgraded on a regular frequency.
In the investment management industry, it is common to hear investors state they are more comfortable with fund managers utilizing a private cloud rather than keeping IT on premise. At larger funds, the prevalence of cloud-based solutions provides Chief Technology Officers (CTOs) the opportunity to execute more strategic technology initiatives and focus on risk mitigation.
There's a lot to learn about business continuity planning for investment managers. To help, you might want to watch our recent webinar highlighting the SEC's June 2016 business continuity guidance update. You can watch the full webinar replay here. The SEC not only highlights the importance of being able to access critical systems and applications during a disruption, but also the importance of effective communication.
It is vital to communicate with your employees about the procedures of your business continuity plan before, during and after an incident. By doing so, you set the wheels in motion by creating the guidelines for the firm’s recovery.
Effective communication should include, but not be limited to:
Accounting for employees;
Setting workload expectations; and
Providing employees with recovery status updates.