Cybersecurity

Uber Executive’s Conviction Puts Spotlight on Secrecy About Hacking

Ambiguous laws, attorney-client privilege can stymie transparency when companies get breached. 

Joe Sullivan, the former head of security at Uber, leaves court in San Francisco on Friday, Sept. 16, 2022.

Photographer: Jim Wilson/New York Times News Service

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The conviction of Uber Technologies Inc.’s former security chief on Oct. 5 has raised the specter that a high-profile criminal charge and newly expanded federal rules may force companies to be more transparent when it comes to reporting cybersecurity breaches. But that new path forward runs up against a stubborn history of secrecy, according to industry data and interviews with security experts.

A lack of corporate transparency around hacking manifests in several ways, from companies issuing minimal, often vague, public statements to hiring cybersecurity investigators through law firms, which can attach attorney-client privilege. Companies may also not want to disclose breaches because it could damage their reputation.