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IT-659-Q1436 Cyberlaw and Ethics
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IT business model of Maersk:
Digital transformation is considered as the most notable aspect for every
business in the recent years and in the year 2017, the shipping industry
experienced many drastic transformations. First of all, the world witnessed the first
autonomous ships traversing the sea and furthermore, the industry was also plagued
by the threats of digitalization such as hacks, malware attacks and cyber attacks.
The primary highlight in the case of new IT business model introduced by Maersk
is the consideration for transforming the customer experience and operational
processes implemented in the organization.
The new model clearly cascades each of the functional aspects in the
business model and the ways in which the functions work and network with each
other alongside addressing the expansion of the organization’s margin. The IT
business model of Maersk could be identified as prominently focused on transport
and logistics department. A clear evaluation of the way in which the business
model has been changed with reference to digital transformation could provide
clear insights into the definition and evaluation of the IT business model of
Maersk.
The present maritime industry in which Maersk operates is considerably
associated with digital transformation strategy which is focused on operational
processes and safety oriented activities. Another noticeable factor that can be
identified in the case of IT business model of Maersk is its emphasis on human
resources as crucial components of the transformation process (Cyber Security: A
Legal Requirement, 2018). The following assessment would provide a risk analysis
report with references to the specific cyber security laws, state statutes, criminal
and civil laws and ethical guidelines in context of Maersk and the existing
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regulations followed by the organization (Nkuna, 2017, p 25). The assessment
would also include cyber-law crimes and the existing information system security
approaches that have been implemented by Maersk as well as the existing cyber
laws that safeguard the data of an organization from external intrusion (Nkuna,
2017,p ac 26).
Existing regulations and precedents:
The cybercrime laws which have been outlined in the US and can be
considered as valid in the case of Maersk could be explicitly identified in two
categories which include substantive cybercrime laws and procedural cybercrime
laws. In the case of Maersk, the procedural cybercrime laws can be taken into
focus as they are profoundly associated with preventing unauthorized access to
electronic data by third parties that also include internet service providers, authority
for searching electronic evidence and authority for interception of electronic
communication.
The procedural cybercrime laws are identified in 18 USC §§ 2510-2522,
2701-2712 and 3121-3127 (Rees, 2018). The substantive cybercrime laws could also
be considered as relevant regulations that could be applicable to the case of the
NoPetya attack on Maersk that crumpled its operations across many terminals. The
substantive cybercrime laws are profoundly associated with laws pertaining to
prohibition of online identity theft, hacking and intrusion into intellectual property
and computer systems of an individual or organization.
The specific substantive cybercrime laws that can be mentioned in context
of Maersk include 18 USC § 1028 which focuses on prevention of any fraud or
similar activity implemented in relation to authentication features, information and
identification documents. The similar implications could be found in 18 USC §
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1029, 1030 and 1037 which deal with fraud and other related activity with respect
to access devices, electronic mail or computers (Rees, 2018). The substantive law
of 47 USC 605 could also be accounted in this case as it deals with unauthorized
publication and use of communication. ac ac
Current cyber laws, regulations and policies in Maersk:
The policy statement issued by Maersk in 2018 depicts the organization’s
formidable commitment to ensure security and implementation of necessary policies
for preventing security breaches. The security considerations are emphasized on
equal terms with operational and commercial factors in business management. The
particular example of Maersk’s recovery from the attack with its contingency plans
could be assumed as a validation for the same (Seacurus Bulletin, 2018, p 5).
The evaluation of the information systems security framework of Maersk
also suggests that the lack of frequent security updates was a notable cause for
leading to the detrimental impacts of the hacking attack. The attack was realized
with an employee clicking on an attachment with a virus which could have been
prevented by resolving the SMB vulnerability through the application of Microsoft
security updates and patches (Seacurus Bulletin, 2018,p 4). This setback in the
company’s information system security approach could have been resolved by
observing and implementing the patch which was issued after the ‘Wannacry’
ransomware attack on the National Health Service in UK.
Cyber law crimes:
The most common approach to follow in the identification and investigation
of cybercrimes within an organization is the conventional one in which the
business impact of the crime is evaluated first and check for severity of the
incident such as compromise of confidential information. The security personnel
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should be able to identify the systems or servers which have been affected
alongside recognizing the possibilities of data loss upon abruptly shutting down
system or a computer. The use of forensic imaging is the next course of action
to investigate cybercrime in which the recording of affected system and related
components could be observed (Fcw.com, 2018). The investigation of different
information sources such as external devices, log files and virtual machines as well
as cryptographic security of evidence are also significant security investigation
measures.
The formidable impact of cybercrimes like the NoPetya attack on Maersk is
observed in the form of downtime that is far worse than any other loss to the
organization. The information system structure of an organization could be
substantially compromised with notable concerns being vested in duplication and
redundancy of information as well as loss of vital information regarding the
organization’s business operations.
The appropriate information security measures that should be followed to
deal with cybercrime are to emphasize prominently on translation of information
security policies into action. The specific human resources in responsibility of
information security should frequently update with the changing laws and
regulations in the domain of cybercrimes.
Cybercrime and ecommerce:
According to claims made by Maersk, it has been able to recover from the
attack within ten days by the reinstallation of almost 4000 servers, 2500
applications and 45000 PCs. This clearly reflects on the installation of a new
infrastructure to deal with the consequences of the NoPetya attack. In order to
improve its cyber resilience the organization also implemented many long term and
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immediate initiatives with the aim for strengthening the IT infrastructure platforms
as well improve the IT service continuity and reinforcement of business continuity
plans (Safety4sea, 2018). The company has also opted for cyber insurance in order
to refrain from negative fiscal impacts of any future cyber-attacks.
As discussed in the earlier sections, the substantive and procedural
cybercrime laws are at the disposal of Maersk to deal with unauthorized intrusion
into its information systems by hackers (Cimpanu, 2018). Furthermore, the USCG
has issued a cybersecurity strategy which outlines the best practices and voluntary
measures which can be employed by organizations like Maersk in the shipping
industry. The introduction of HR 3101 Strengthening Cybersecurity Information
Sharing and Coordination in Our Ports Act 2017 could also be considered as a
promising respite for Maersk in terms of regulations.
References
Cyber Security: A Legal Requirement. (2018). Retrieved from
https://knect365.com/shipping/article/8a7a100b-542c-45c2-8b0f-b22bb579fca8/cyber-
security-a-legal-requirement
Cimpanu, C. (2018). Maersk Reinstalled 45,000 PCs and 4,000 Servers to Recover
From NotPetya Attack. Retrieved from
https://www.bleepingcomputer.com/news/security/maersk-reinstalled-45-000-pcs-and-
4-000-servers-to-recover-from-notpetya-attack/
Fcw.com (2018). Managing a cyber crime scene -- FCW. Retrieved from
https://fcw.com/articles/2014/12/18/managing-a-cyber-crime-scene.aspx
Nkuna, N. (2017). Understanding the motives for digital transformation in the
container shipping sector.
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Rees, A. (2018). CYBERCRIME LAWS OF THE UNITED STATES. Retrieved
from https://www.oas.org/juridico/spanish/us_cyb_laws.pdf
Seacurus Bulletin. (2018). Retrieved from
http://www.seacurus.com/newsletter/Seacurus_Issue_73.pdf
Safety4sea. (2018). Maersk Line: Surviving from a cyber-attack. Retrieved from
https://safety4sea.com/cm-maersk-line-surviving-from-a-cyber-attack/
