Cybersecurity enforcement actions: is the SEC bringing strict liability cases?

Abstract

Purpose

To analyze how the US Securities and Exchange Commission (SEC) has sanctioned broker-dealers (BDs) and registered investment advisers (RIAs) when cybersecurity breaches have occurred and to discuss whether the SEC is imposing a strict liability approach.

Design/methodology/approach

Describes the cyber-attack of a small RIA, the remedial steps the RIA took after the attack, the SEC’s enforcement action, why this particular case is noteworthy, and the case’s implications for RIAs and BDs.

Findings

RIAs and perhaps BDs may face strict liability from the SEC if they are victims of cybersecurity attacks.

Practical implications

Firms may want to address the likelihood of an SEC enforcement action if a breach occurs by reviewing recent enforcement actions, SEC reports and statements, and FINRA reports and statements.

Originality/value

Discusses the possible future of SEC enforcement actions regarding cybersecurity breaches.

Citation

Rubin, B. and Xu, A. (2016), "Cybersecurity enforcement actions: is the SEC bringing strict liability cases?", Journal of Investment Compliance, Vol. 17 No. 1, pp. 112-116. https://doi.org/10.1108/JOIC-02-2016-0004