ICYMI, on Wednesday, January 6, 2021, the United States Department of Justice (DOJ) issued an update about what it termed “a major incident under the Federal Information Security Modernization Act”: the global SolarWinds cyberattack that had compromised its email system. (SolarWinds is a software provider. In December, 2020, SolarWinds revealed that cybercriminals had injected malware into its Orion® Platform software, a platform used for centralized IT monitoring and management. In doing so, the cybercriminals were able to attack subsequent users of the software, i.e., SolarWinds’ clients, including multiple federal agencies and technology contractors.) The DOJ’s update advised that after removing the malware, it determined that 3 percent of the DOJ’s O365 mailboxes were potentially accessed, albeit there was no indication that any classified systems were impacted. This update was covered by Robinson+Cole’s Data Privacy + Cybersecurity Insider.

Cyber-crime continues to permeate all industries, including real estate development and construction. The SolarWinds incident could just as easily have occurred with a construction management company or general contractor using the construction industry’s various project management software programs. Digital attacks can intercept sensitive information, divert funds and hold hostage a company’s computer systems. Robinson+Cole’s Construction Group is available to discuss the value of adding data privacy and cybersecurity protocols to design and construction agreements, and its Data Privacy + Security Team is available to assist businesses in determining their current risks and liability exposure as well as the benefits of having cyber-liability insurance coverage.