General security

Digital points of failure: A shared need for cyber resilience

John Bandler
January 16, 2025 by
John Bandler

Our world depends on digital information systems — and they're often vulnerable. These systems don’t run themselves but require diligence and protection. One of the most high-profile examples last year was the CrowdStrike incident, which led to widespread computer outages and a potentially costly lawsuit over flight delays.

Accidental errors and disruptions can have enormous effects, and intentional malicious acts could be even more devastating. That's why cyber resiliency is so important. A single incident can go beyond one organization and affect entire industries. 

The CrowdStrike issue 

On July 19, 2024, many computer systems across the U.S. and the world were crippled. CrowdStrike, a cybersecurity and software company, had sent out an update in one of their cybersecurity software products, which had a bug that crashed Windows computers and entire information systems. Some businesses, including some airlines, were brought to a standstill.  

Once the company created a fix, the installation process was time-consuming and laborious, requiring individual attention for every computer. 

Systems were impaired, and businesses lost money. Some reports indicate billions of dollars were lost in total due to this accidental failure. 

Litigation has ensued, with Delta Airlines and CrowdStrike each suing each other in October 2024. In general, each alleges the other was negligent and deficient and responsible for Delta’s significant outage and resulting damages. (CrowdStrike did accept responsibility for the bug and certain consequences of the outages). 

Lessons for our cyber world  

The first lesson for everyone is that we are reliant upon this digital world. Every person, business and government agency relies upon digital information systems. It is not an option or convenience but a necessity. They make life easier, faster, and better, but they also require effort to configure, secure and maintain. Failure can mean inconvenience and even disaster. 

Consider dams and their lakes, feats of engineering and ingenuity that create beautiful waterways to use and enjoy — and even electricity. However, they require continual upkeep, and their failure is catastrophic. Similarly, think of our cars, which also require work to design, build and maintain.  

We have created a cyberworld that can fail, too, and just as spectacularly as a dam failure.  

Some assume information systems can continue by themselves, or they relinquish responsibility over them to others. That is a mistake.  

Accidents and Murphy’s Law 

Murphy’s Law states that anything that can go wrong, will.  

This is not a “law” that lawyers or scientists would recognize but merely an ironic and pessimistic joke. It is a caution to optimists who assume everything will fall into place. Fortunately, things go right much of the time, sometimes by luck, but that becomes increasingly unlikely as systems become more complex. 

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Things generally move towards disorder and dysfunction all on their own. It takes energy and effort to build, organize and keep things running and standing, whether dams, cars or information systems.  

Our computers and network connections are increasingly complicated. They require effort and good management because mistakes can happen, even with the best intentions and high competence and diligence. Add in negligence (some individuals and organizations do not meet the standards of skill and care), and that greatly increases the chances of failure. 

Malicious actors 

Now consider a person or group who wants bad things to happen and is willing to devote time, effort and resources to achieve it. A malevolent individual or entity seeks to cause harm. They will take advantage of existing flaws and weaknesses and do more devastation than Murphy’s Law could.  

They are the main reason we need security features, security software, organizational cybersecurity programs, and our profession in general. They are the reason we need to be constantly vigilant and adapt to new attacks. 

Some malefactors just want to profit from run-of-the-mill cybercrime. That is a big problem, yet small in comparison to threats from adversary nation-states. Some countries have the motivation and resources to plan a national disruption by attacking our critical infrastructure. They certainly plan, and the only uncertainty is whether they will ever attempt such an attack. The U.S. recently announced a major incident involving Chinese state-sponsored actors breaching the U.S. Treasury Department.

There are laws regarding the conflict between nation-states, which encompass “cyber conflict.” Some countries disregard these laws in small and large ways.  

When a country plans an infrastructure cyberattack but does not act on it (yet) the question is why. Often, it is the likely consequences and retaliation that stops them, rather than a respect for the rule of law and rights of others. 

Whatever the calculus or game theory, whatever our personal view on which nations are adverse, the reality is other nations plan to breach our data and systems, to shut off our information systems, electricity, communications, and infrastructure. They even seek to influence us and our actions. 

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Lessons learned 

The key takeaway around software is that updates should be vetted diligently and implemented over time and not instantly. If errors escaped the prior checks, they can be detected soon enough so future updates can be paused before the damage spreads. 

The broader lesson is that cyber resiliency and protection need to be on everyone’s mind because we are all stuck in this cyber world whether we like it or not. Cybersecurity professionals are ambassadors for this message, including empowering others to play their important roles in management, including over information assets. 

Our work matters, protecting against both accidental failure and deliberate sabotage. We can redouble our motivation to protect and persuade others of the importance of cybersecurity and solid information governance.  

John Bandler
John Bandler

John Bandler is a lawyer, consultant, speaker, teacher, and author in the areas of cybersecurity, cybercrime, privacy, investigations, and more. He is the founder of Bandler Law Firm PLLC and Bandler Group LLC, legal and consulting practices that help organizations and individuals with cybersecurity, the prevention and investigation of cybercrime, privacy, legal compliance, and more.

John has expertise in many subjects, holds a number of certifications, and is a prolific writer and speaker. He is the author of Cybersecurity for the Home and Office, a comprehensive guide to understanding and improving information security. His second book is Cybercrime Investigations, an extensive resource regarding the law, technology, process, and skills for the investigation of cybercrime. John has authored many articles on a range of topics, teaches students at the undergraduate, graduate, and law level, and provides training for professionals.

Before entering private practice, John served in government for more than twenty years as a prosecutor, police officer, and military officer. John was hired as an assistant district attorney at the New York County District Attorney’s Office by the legendary Robert M. Morgenthau, where he investigated and prosecuted the full range of offenses including traditional crime, cybercrime, the global trafficking of stolen data, and virtual currency money laundering. Before that, he served for eight years as a state trooper in the New York State Police, assigned to a busy patrol station providing full services to the local community. He also served in the Army Reserves.