=Paper= {{Paper |id=Vol-469/paper-1 |storemode=property |title=Insider Theft of Intellectual Property in Organizations: A Preliminary Model |pdfUrl=https://ceur-ws.org/Vol-469/paper1.pdf |volume=Vol-469 }} ==Insider Theft of Intellectual Property in Organizations: A Preliminary Model== https://ceur-ws.org/Vol-469/paper1.pdf
    Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model        1


        Insider Theft of Intellectual Property for Business
                Advantage: A Preliminary Model

       Andrew P. Moore apm@cert.org, Dawn M. Cappelli dmc@cert.org,
       Thomas C. Caron1 tcaron@cert.org, Eric Shaw2 eshaw@msn.com,
                       Randall F. Trzeciak rft@cert.org

                      CERT®3 Program, Software Engineering Institute and
                           CyLab at Carnegie Mellon University
                                    4555 Fifth Avenue
                                   Pittsburgh, PA 15213



         Abstract. A study conducted by the Carnegie Mellon University Software
         Engineering Institute CERT Program analyzed hundreds of insider cyber crimes
         across U.S. critical infrastructure sectors. Follow-up work involved detailed
         group modeling and analysis of 35 cases of insider theft of intellectual property.
         In the context of this paper, insider theft of intellectual property for business
         advantage includes incidents in which the insider’s primary goal is stealing
         confidential or proprietary information from the organization with the intent to
         use it to take to a new job, to get a new job, or to start a business. It does not
         include cases of in which insiders sell an organization’s information. This paper
         describes general observations about, and a system dynamics model of, this
         class of insider crime based on our empirical data. This work generates
         empirically-based hypotheses for validation and a basis for identifying
         mititgative measures in future work.



1        Introduction

Since 2002, the CERT Program at Carnegie Mellon University’s Software
Engineering Institute has been gathering and analyzing actual malicious insider
incidents, including IT sabotage, fraud, theft of confidential or proprietary
information, espionage, and potential threats to the critical infrastructure of the United
States.4 Consequences of malicious insider incidents include financial losses,


1 Tom Caron is also a student at the H. John Heinz III College, School of Information Systems

    Management, Carnegie Mellon University.
2 Dr. Eric Shaw is a Visiting Scientist at CERT and clinical psychologist at Consulting &

    Clinical Psychology, Ltd.
3 CERT and CERT Coordination Center are registered in the U.S. Patent and Trademark Office

    by Carnegie Mellon University.
4 “Insiders” include current and former employees, contractors, or other business partners who

    have or had authorized access to their organization’s systems, data, and networks. Insiders
2       Moore, Caron, Cappelli, Shaw, & Trzeciak


operational impacts, damage to reputation, and harm to individuals. The actions of a
single insider have caused damage to organizations ranging from a few lost staff
hours to negative publicity and financial damage so extensive that businesses have
been forced to lay off employees and even close operations. Furthermore, insider
incidents can have repercussions beyond the affected organization, disrupting
operations or services critical to a specific sector, or creating serious risks to public
safety and national security.
   Many models exist to help understand computer-related malicious insider activity,
including
         • The Capability, Motive, Opportunity Model (Parker, 1998) (Wood, 2002)
         • Behavioural models (Suler, 1997) (Shaw, Ruby, & Post, 1998)
         • An entity relationship model in a comprehensive characterization
             framework5 (Spafford, 2002)
         • A criminological and social model (Gudaitis, 1998)
The Defense Personnel Security Research Center (PERSEREC) has produced a vast
amount of invaluable data over the years on both espionage and insider threat
generally. (Fischer, 2003) (Herbig & Wiskoff, 2002) In one article, a multiple case
study approach was used to examine 10 cases of malicious insider IT activity in
critical infrastructures drawn from the population of PERSEREC cases. (Shaw &
Fischer, 2005) In addition, the Institute for Information Infrastructure Protection (I3P)
has brought a wide range of researchers in industry and government to bear on the
insider threat problem. 6
   CERT’s insider threat work, referred to as MERIT (Management and Education of
the Risk of Insider Threat), utilizes the wealth of empirical data collected by CERT to
provide an overview of the complexity of insider events for organization—especially
the unintended consequences of policies, practices, technology, efforts to manage
insider risk, and organizational culture over time.7 As part of MERIT, we have been
using system dynamics modelling and simulation to better understand and
communicate the threat to an organization’s information technology (IT) systems
posed by malicious current or former employees or contractors. Our work began with
a collaborative group modeling workshop on insider threat hosted by CERT and
facilitated by members of what has evolved into the Security Dynamics Network and
the Security Special Interest Group (Anderson, et al., July 2004).
   Based on our initial modeling work and our analysis of cases, we have found that
different classes of insider crimes exhibit different patterns of problematic behavior
and miitigative measures. CERT has found four broad types of insider threat cases

   are familiar with internal policies, procedures, and technology and can exploit that
   knowledge to facilitate attacks and even collude with external attackers.
5
   Unpublished manuscript: Tuglular and Spafford, “A Framework for Characterization of
   Insider Computer Misuse.
6
  See http://www.thei3p.org/research/insider_threat.html.
7 CERT’s insider threat research is published on http://www.cert.org/insider_threat. Early

   research was funded by the U.S. Secret Service and the Department of Homeland Security,
   Office of Science and Technology. Our current work including MERIT was funded by
   Carnegie Mellon University CyLab.
    Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   3


based on the patterns that we have seen in cases identified: IT sabotage, theft or
modification of information for financial gain (fraud), theft of intellectual property
(IP) for business advantage, and national security espionage. In this paper, we focus
on theft of IP for Business Advantage. Our past work has involved modeling insider
fraud (Rich, et al., July 2005), insider IT sabotage (Moore, Cappelli, & Trzeciak,
2008)(Cappelli, Desai, Moore, Shimeall, Weaver, & Willke, July 2006), and
espionage (Band, Cappelli, Fischer, Moore, Shaw, & Trzeciak, December 2006).
    This paper describes our most recent efforts to model aspects of the insider threat
problem. We define insider theft of intellectual property for business advantage as
crimes in which current or former employees, contractors, or business partners
intentionally exceeded or misused an authorized level of access to networks, systems
or data to steal confidential or proprietary information from the organization and use
it getting another job, helping a new employer or promoting their own side business.
 Cases where the insider was primarily motivated by personal financial gain have
significantly different patterns of behavior and have been excluded from this study
(Cappelli, Moore, Trzeciak, & Shimeall, September 2008). While an argument can be
made that theft of confidential or proprietary information may ultimately be about
money, insiders in this class of cases generally had longer term ambitions, such as
stealing the information to get a new job, to succeed in a new job with a competing
business, to start a competing business, or to give the stolen data to a foreign
government or organization.
    This paper is centered on two dominant scenarios found within the cases - the
Entitled Independent Scenario and the Ambitious Leader Scenario. We first define
our approach to building these models. Next we incrementally build the models
describing them as we go. Finally we finish up with general observations and future
work. Appendix A summarizes important characteristics of the crimes involving theft
of IP for business advantage. Appendices B and C provide an overview of the models
developed. We believe that these models will help people understand the complex
nature of this class of threat better. Through improved understanding comes better
awareness and intuition regarding the effectiveness of countermeasures against the
crime. Our work generates strong hypotheses based on empirical evidence. Future
work will involve alignment with existing theory, testing of these hypotheses based
on random sampling from larger populations, and analysis of mitigation approaches.


2       Approach

   Our research approach is based on the comparative case study methodology (Yin,
2003). Cases selected were those fitting the above definition of Theft of IP for
business advantage. Cases were identified through public reporting and included
primary source materials, such as court records in criminal justice databases (found
through searches on Lexis court databases), and other secondary source materials
such as media reports (found through searches on Lexis-Nexis news databases and
Internet search engines such as Google).
   The following criteria are used for case selection:
4         Moore, Caron, Cappelli, Shaw, & Trzeciak


• The crime occurred in the United States.
• The subject of the crime was prosecuted in a United States Court.
• Sufficient quantities and quality of data was available to understand the nature of
  the case.
We identified and analyzed 35 cases of theft of intellectual property that satisfied
these criteria. The findings from case study comparisons in general, and our study in
particular, cannot be generalized with any degree of confidence to a larger universe of
cases of the same class or category. What this method can provide, however, is an
understanding of the contextual factors that surround and influence the event.
   The sole purpose of our modeling effort is precisely that – to help people
understand the complex nature of the threat better. Our models evolved through a
series of group data analysis sessions with individuals experienced on both the
behavioral and technical aspects of insider crimes. We used the system dynamics
approach - a method for modeling and analyzing the holistic behavior of complex
problems as they evolve over time. 8 System dynamics provides particularly useful
insight into difficult management situations in which the best efforts to solve a
problem actually make it worse. System dynamics model boundaries are drawn so
that all the variables necessary to generate and understand problematic behavior are
contained within them. This approach encourages the inclusion of soft (as well as
hard) factors in the model, such as policy-related, procedural, administrator, or
cultural factors. In system dynamics models, arrows represent the pair-wise influence
of the variable at the source of the arrow on the variable at the target of the arrow.
Basically, a solid arrow indicates that the values of the variables move in the same
direction, whereas a dashed arrow indicates that they move in the opposite direction.
   A powerful tenet of system dynamics is that the dynamic complexity of
problematic behavior is captured by the underlying feedback structure of that
behavior. System dynamics models identify two types of feedback loops: balancing
and reinforcing. Significant feedback loops are indicated in the model using a loop
label appearing in parentheses in the middle of the loop. Reinforcing loops - indicated
by a label with a R followed by a number - describe system aspects that tend to drive
variable values consistently upward or downward and are often typified by escalating
problematic behaviors. Balancing loops - indicated by a label with a B followed by a
number – tend to drive variables to some goal state and are often typified by aspect
that control problematic behaviors. For those with color copies of the paper, loops are
additionally distinguished by color, where blue arrows are not part of a significant
feedback loop.


3        The Entitled Independent Model

This section describes the system dynamics model of the Entitled Independent, an
ambitious insider acting alone to steal information to take to a new job or to his own


8
    For more information about system dynamics refer to http://www.systemdynamics.org/.
  Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model               5


side business. Note that in most cases the insider had no specific plans to use the
information (80%).

3.1     Entitlement

The degree to which insiders felt entitled to information that they stole is difficult to
quantify without group interview data. However, feedback from a small sample of
subjects, along with the finding that many insiders stole information from their project
area, despite having signed intellectual property agreements, support this observation.
Almost all of the Entitled Independents stole information in their area of
responsibility and about half were at least partially involved with the development of
the information stolen. Just over 44% of the Entitled Independents stole information
or products even though they had signed IP agreements with the organization. The
strong sense of entitlement is seen in this class of insiders when considering that
nearly ¾ of the insiders stole information that they had at least partially developed or
for which they had signed an IP agreement.
   Figure 1 shows the escalation of entitlement to information developed by the
insider. As shown in the upper right hand corner, an employee comes into an
organization with a desire to contribute to its efforts. As the insider invests time in
developing or creating information or products, his contribution to the organization
becomes tangible. These individuals, unlike their coworkers, have personal
predispositions9 which result in a sense of entitlement to the information created by
the group (yellow loop). This entitlement is shown in the self-reinforcing loop shown
in purple and labeled R1 in the figure.
   This sense of feeling entitled can be particularly acute if the insider perceives his
role in the development of products as especially important. If the insider’s work is
focused on the contribution to a particular product, for example a commercial
software package, or the development of specific business information like customer
contact lists, he may have a great sense of ownership of that product or information,
leading to even greater sense of entitlement. This self-reinforcing is shown in yellow
and labeled R2. In addition, consistent with good management practice, individuals
may receive positive feedback for their efforts which these subjects may interpret as
particularly reinforcing, given their predispositions. In a recent insider case, one of the
authors encountered a subject at significant insider risk who had been told his efforts
had saved the company “millions of dollars.” This compliment had the unintended
consequence of reinforcing the entitlement loop.
   Evidence of entitlement was extreme in a few cases. One Entitled Independent who
had stolen and marketed a copy of his employer’s critical software created a lengthy


9 Personal predispositions refer to characteristics of the individual that can contribute to the risk

  of behaviors leading to insider crimes, as well as to the form of these actions, their
  continuation, and escalation. Personal predispositions such as entitlement were determined
  by case review by a clinical psychologist trained in remote assessment using a inventory of
  observable behaviors derived from the American Psychiatric Association's diagnostic criteria
  for personality disorders.
6      Moore, Caron, Cappelli, Shaw, & Trzeciak


manuscript detailing his innocence and declaring that everyone at the trial had lied.
After being denied a raise, another insider stole the company’s client database and
threatened to put them out of business on his way out the door.




                                Fig. 1. Insider Entitlement


3.2    Dissatisfaction Leading
                       Lead    to Compromise

Expressed dissatisfaction played a role in 39% of the Entitled Independent cases.
Dissatisfaction was typically due to denial of some request by the insider as shown in
Figure 2. Denied
            enied requests in the cases often involved raises and benefits,
                                                                   benefits, applications
for promotion, and requests for relocation. Other dissatisfaction arose due to the threat
of layoffs within the victim organization.
   The middle of Figure 2 shows that the organization’s denial of a request by the
insider leads to the insider’s
                         sider’s dissatisfaction, which in turn decreases the insider’s
desire to contribute within the organization. This not only affects the time he invests
in contributing to the organization, as it relates to Figure 1,, but also the insider’s
ultimate sense of loyalty to the organization. Dissatisfaction often spurred the insider
to look for another job. Once a job offer is received and planning to go to a competing
organization commences, the insider’s desire to steal information increases. This is
spurred on by the insider’s dissatisfaction with his current employer in combination
with his sense of entitlement to products developed by his group. In a third of the
cases (33%) the insider used the information to get a new job or to benefit his new
  Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   7


employer in someme way. In almost half of the cases (44%) the insider took the
information just in case he ever needed it, with no specific plans in mind. One insider
actually broke in after he was terminated to find out whether the organization had
made any further progress
                        ess on the product that he had helped develop while he worked
there.




                   Fig. 2. Insider Dissatisfaction Leading to Compromise


3.3    Theft and Deception

The insider’s plan to go to a competing organization, dissatisfaction with his job
and/or the organization, combined with the sense of entitlement to the products on
which he has been working all contribute to the decision to steal the information. As
shown in Figure 3,, eventually the desire to steal information becomes strong enough,
                                                                                enough
leading to the theft and its potential exposure to the organization. Exposure includes
anything that an organization might observe about the employee’s actions or
consequences of those actions that indicates heightened risk of insider compromise,
whether or not the organization actually makes those observations.
Concern over being caught may make the insider think twice about stealing the
information, as shown in the balancing loop labeled B1. Because our data consists of
insiders who were caught and prosecuted,
                               prosecuted, we do not know how many subjects may be
deterred from insider acts by such concerns. However, our Entitled Independents, did
not exhibit great
              eat concern with being caught. This lack of concern is consistent with,
and may be proportional to, the psychological
                                      psyc           predispositions that
                                                                       hat contribute to
entitlement. Such individuals tend to overestimate their abilities and underestimate the
8       Moore, Caron, Cappelli, Shaw, & Trzeciak


capabilities of others. Despite intellectual property agreements being in place in 44%
of the cases, less than a quarter of the Entitled Independents explicitly attempted to
deceive the organization while taking information.

                        insider planning to
                         go to competing
                            organization

              insider
       dissatisfaction with
        job/organization


                                              information
                                                                                   level of technical
                                                 stolen
insider sense of                                                                    and behavioral
 entitlement to                                                                       monitoring
products of the
     group                                                          exposure of
                     insider desire to
                          steal org           (B1)                  theft to org
                        information
                                                                                      org knowledge
                                                 insider concern                          of theft
                                                over being caught
                                                                     (R3)
                                                                  insider perpetrated
                                                                deceptions related to the
                                                                        info theft
                                                                                            org discovery of
                                                                                              deceptions


                                  Fig. 3. Insider Theft and Deception

   Nevertheless, explicit deception can lessen the insider’s concern over being caught,
and should be anticipated by a vigilant organization. This is shown in the self-
reinforcing loop labeled R3. This loop expresses the intuitive relationship that
deception relieves the insider’s concern over being caught, thus emboldening his theft
of information. The fact that most insiders did not often feel it necessary to explicitly
deceive the organization regarding the theft is interesting, suggesting the sense of
entitlement and its correlates mentioned above, may be particularly strong in these
cases.
   While explicit deception is not a major factor in this class of crimes, the fact that it
does occur needs to be recognized. Upon announcement of resignation, one insider
lied about having no follow-on employment to his manager, even though he had told a
coworker about his new job at a competitor. As shown in the lower right part of
Figure 3, deception may be an indicator of problems to come. Deceptions generally
make it harder for the organization to sense the risk of theft and that is why the insider
engages in such behavior. But if the organization is vigilant, deceptions may be
discovered, alerting the organization to increased risk of insider threat. In general, the
organization’s accurate understanding of their risk is directly related to its ability to
    Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   9


detect the insider’s actions, which with sufficient levels of technical and behavioral
monitoring may be discoverable. Over half (56%) of the Entitled Independents stole
information within one month of resignation, which gives organizations a window of
opportunity for discovering the theft prior to employee termination.

3.4     Summary

Appendix B shows the final model of the Entitled Independent. Based on the patterns
observed in the cases, half of the insiders who stole proprietary information felt a
sense of entitlement to that information, based on their participation in its
development, regardless of whether or not they signed an intellectual property
agreement. This sense of entitlement, when viewed in light of an event seen as
dissatisfying to the insider, formed the catalyst for the insider to begin looking for
other jobs. Insiders then used stolen information to pursue new opportunities. The
Entitled Independent is usually fully authorized for access to this information and
takes it very close to resignation with very little planning. In addition, the Entitled
Independent rarely acts as if they are doing anything wrong, probably partly because
they feel perfectly entitled to take the information or product with them to their new
job.


4       The Ambitious Leader Model

This section describes the Ambitious Leader model. As noted, these cases involve a
leader who recruits insiders to steal information for some larger purpose. The cases
can be distinguished according to whether the insider
• had specific plans to develop a competing product or use the information to attract
  clients away from the victim organization (60%), or
• was working with a competing organization to help his new employer (40%).
   It also includes cases in which the insider was partially motivated by a desire to
contribute to a foreign government or company (we view this an implicit recruitment
of insider help). The rest of this section describes additional aspects of the Ambitious
Leader model not exhibited by Entitled Independents. This scenario is more complex
than the Entitled Independent scenario, involving more intricate planning and
deception, as well as new areas such as attempts to gain increased access and
recruitment of other employee’s into the leader’s scheme.
   The starting point for our description is almost exactly the same as the Entitled
Independent model described above. The primary difference is that there was little
evidence of employee dissatisfaction in the Ambitious Leader class (6%), whereas it
played a more significant role with Entitled Independents (39%). Insiders in this
scenario were motivated not by dissatisfaction but by an Ambitious Leader promising
greater rewards. In one case, the head of the public finance department of a securities
firm organized his employees to collect documents to take to a competitor. Over one
weekend he then sent a resignation letter for himself and each recruit to the head of
10       Moore, Caron, Cappelli, Shaw, & Trzeciak


the sales department. The entire group of employees started work with the competitor
the following week. In another case an outsider who was operating a fictitious
company recruited an employee looking for a new job to send him reams of his
current employer’s proprietary information by email, postal service, and a commercial
carrier.
   Except for the dissatisfaction of the Entitled Independent, the initial patterns for
Ambitious Leaders are exactly the same. In fact the beginning of the Ambitious
Leader model is just the model shown in Appendix B without the “Insider
Dissatisfaction with Job/Organization” variable shown in the middle left of the model.
Theft took place even though intellectual property agreements were in place for about
half (46%) of the Ambitious Leader cases. In at least one case, the insider lied when
specifically asked if he had returned all proprietary information and software to the
company according to the IP agreement he had signed. He later used the stolen
software to develop and market a competing product in a foreign country. Almost all
of the insiders in the Ambitious Leader cases stole information or products in their
area of job responsibility, with over half of those at least partially involved in
developing the information or product stolen. These facts strongly suggest that the
insiders felt a sense of entitlement to the information or products that they stole.

4.1    Insider Planning of Theft

The Ambitious Leader cases involved a significantly greater amount of planning than
the Entitled Independent cases. By definition the cases involved recruiting of insiders
which involves a greater amount of planning almost by necessity. Other forms of
planning involved:
• Creating a new business (37%),
• Coordination with a competing organization (37%), and
• Collecting information in advance of the theft (60%).
   This aspect of the insider behavior is reflected in the balancing loop labeled B2 in
Figure 5. The B2 loop parallels the loop B1 from the Entitled Independent model in
Figure 4 but describes an additional dimension: the insider’s plans to steal
information prior to the actual theft. This potential additional point of exposure of the
impending theft apparent in the Ambitious Leader cases includes the extensive
planning described above and measures by the insider to hide his actions. Most of the
cases involved planning by the insider a month or more before the insider’s departure
from the organization (84%). In almost half of the cases the actual theft took place a
month or more before the insider’s departure (43%). One insider planned with a
competing organization abroad and transferred documents to the company for almost
two years prior to her resignation.
   About a third (34%) of the insiders committed explicit deceptions to hide their
plans for the theft of intellectual property. The self-reinforcing loop labeled R3 is
slightly stronger in this case than for the Entitled Independent. In all but one of these
cases, the organization had IP agreements with the insiders explicitly stating the
organization’s ownership of the stolen information. In fact, there was only one case
 Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   11


where an IP agreement was in place between the organization
                                                  organization and the insider but no
deceptions were committed by the insider. This provides a working hypothesis
regarding the effectiveness of an organization’s efforts to promote its concern about
IP theft. If the organizations involved publicized their concern
                                                               concern and pursued
violations, this may have increased the odds of deception while providing another
observable indicator of insider risk.




                        Fig. 4. Theft Planning by Ambitious Leader


4.2    Increasing Access

The amount of planning by the Ambitious Leader and the insiders under his control
appears to depend on the extent that any one participant has access to all of the
information targeted for theft. The more segregation of privilege the more planning,
participation, and coordination needed to commit the theft. In over half (55%) of the
Ambitious Leader cases, the primary insider had authorization for only part of the
information targeted and had to take steps to gain additional access. In the previously
mentioned case the insider who transferred proprietary documents to a foreign
company for almost two years asked her supervisor to work on a special project that
would increase her access to highly sensitive information in the weeks prior to her
leaving the country with a company laptop and numerous company documents, both
physical and electronic. This is in stark contrast to the Entitled Independent cases
            thirds (67%) of the primary insiders were authorized to access all of the
where two-thirds
information stolen.
   As shown on the right side of Figure 6,, a primary means of extending the access of
the Ambitious Leader to more information is the recruiting of insiders. The
recruitment of insiders increases the amount of planning activity necessary to
         12         Moore, Caron, Cappelli, Shaw, & Trzeciak


         coordinate insider activities. As shown in the self-reinforcing loop labeled R4 in the
         figure, as the insider invests more time and resources into the plans for theft and
         movement to the competing organization, it is less and less likely that they will back
         out of those plans.

                             insider committment
                              to competitor/side
                                   business

              insider sense of                            insider time and
                  loyalty to               (R4)               resources
                organization                              invested in plan


                                                                            insider
                                 insider planning to                    recruitment of          insider increasing
        organization              go to competing                       other insiders               access to
       denial of insider
          requests                   organization                                                  information

                                                                               extent insider
       insider                            precipitating event                  authorized for
dissatisfaction with                       (e.g., proposal by                    target info
                     .                        competitor)
 job/organization
                                                                                  information
                                                                                     stolen
                                                         extent of
                                                        planning to
                                                       steal org info

                                                                                         exposure of
                                                                                         theft to org

                                    Fig. 5. Increasing Access by the Ambitious Leader

         While we can’t know for sure that the R4 loop’s self-reinforcement of insider criminal
         behavior is what is happening in these cases, there is strong evidence in the
         psychological literature for the “sunk cost effect.” (Sastry, 1998) The sunk cost effect
         involves an irreversible investment (e.g., time spent planning a theft) that decision-
         makers consider as powerful motivation to continue the action. The further
         investment is justified not in terms of the initial rationale but because so much has
         already been invested (Staw & Ross, 1989).
             There is evidence of this self-reinforcing pattern in one case of a job-hunting
         insider who met someone online claiming falsely to own a competing business. While
         at first reluctant to send proprietary information, as the “friendship” grew and requests
         for confidential information repeated, the insider gradually sent more and more of her
         employer’s confidential information to the outsider seemingly unable to stop herself.
         This indicates that insiders may be reluctant to back out of the plans because others
 Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model    13


are depending on them to carry out their part of the crime, not the least of which is the
Ambitious Leader. The social costs of withdrawal from the scheme may be too high,
thus further motivating insiders to continue their involvement, even if they know it is
wrong and would like to back out.

4.3    Organization Knowledge of Theft

There are many more avenues for an organization to become aware of heightened risk
of insider theft of IP in the Ambitious Leader cases than in the Entitled Independent
cases. The Entitled Independent is usually fully authorized for access to the
information taken and takes the data very close to resignation with very little
planning. In addition, the Entitled Independent rarely acts as if they are doing
anything wrong, probably partly because they feel a proprietary attachment to the
information or product. The Ambitious Leader, on the other hand, often has to gain
access to information for which he is not authorized. This involves, in part,
coordinating the activities of other insiders and committing deceptions to cover up the
extensive planning that generally takes place.
   Figure 7 illustrates the avenues available for an organization to continually assess
the risk they face regarding theft of intellectual property. At the bottom of the figure,
the discovery of insider deceptions may even be a better means to detect heightened
insider risk here than in the Entitled Independent cases due to their greater
prominence in these cases. In some of the cases that we reviewed, the organization
found out about the theft because the insider tried to use the information. Two
primary uses were observed: marketing of the competing product to the general public
or to the victim organization’s customers, and soliciting the business of the victim
organization’s customers. While these two uses are not extremely different they do
differ based on what was stolen – in the first case, the organization’s product (e.g.,
software system) and in the second case client information (e.g., organization
business plans or client points of contact). In one case the insider had stolen source
code for a product being marketed by his previous employer and was demonstrating a
slightly modified version at a trade show. Unfortunately for him, his previous co-
workers observed the activity and alerted the authorities. While this detection is later
than one would prefer, it is still not too late to take action and prevent further losses.
   Earlier detection of plans to steal or actual theft by an insider may occur through
technical monitoring of systems. Over half (56%) of the Entitled Independents and
almost two-thirds (67%) of the Ambitious Leader insiders stole information within
one month of resignation. Many of these involved large downloads of information
outside the patterns of normal behavior by those employees. In over one-third (38%)
of the cases of Ambitious Leaders, an insider emailed or otherwise electronically
transmitted information or plans from an organizational computer. Keeping track of
backup tapes is also important – in the case described in the previous paragraph, the
insider took the backup tape from his computer on his last day of work.
Understanding the potential relevance of these types of precursors provides a window
of opportunity for organizations to detect theft prior to employee termination.
14       Moore, Caron, Cappelli, Shaw, & Trzeciak




      Fig. 6. Organization Knowledge of Theft of IP in Ambitious Leader Cases
   Of course, the earlier an organization can become aware of such plans the better.
This depends on behavioral as well as technical monitoring and is more likely to catch
incidents involving Ambitious Leaders than Entitled  Entitled Independents. Here the
organization needs to look for evolving plans and collusion by insiders to steal
information, including attempts to gain access to information over and above what an
employee is authorized in over 2/3 (69%) of the cases. One insider,er, over a period of
several years, exhibited suspicious patterns of foreign travel and remote access to
organizational systems while claiming medical sick leave. It is not always this blatant
but signs are often observable if an organization is vigilant.

4.4    Insider IP Theft Benefiting a Foreign Entity

Nine of the 35 cases (26%) of theft of intellectual property were intended to benefit a
foreign government or company. All of these cases fit the model of the Ambitious
Leader Scenario and were included in the statistics
                                            statistics reported in this section. In these
cases, loyalty to their native country trumped loyalty to the employer. Similar to the
way insiders in the other cases were motivated by an a Ambitious Leader, insiders with
an affinity toward a foreign country were
                                      were motivated by the goal of bringing value to,
and sometimes eventually relocating in, that country. In all of the Ambitious Leader
cases, there is an influencing individual and motive acting on the subject to promote
the criminal act.
 Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   15


4.5    Summary

While half of the cases involved insiders acting as Entitled Individuals, the other half
were characterized by Ambitious Leaders acting as the insider or guiding the insider
to steal information. The final model of the Ambitious Leader is shown in Appendix
C. Ambitious Leader cases involved much more planning and deception, as insiders
typically did not initially have access to the data in question. These attacks were more
likely to occur closer to the point at which the insider left the organization. In some
cases, the ambitious leader was an agent of a foreign interest, and the theft of
information was geared toward the benefit of a foreign entity.


5      Conclusion

This paper describes two models of insider theft of intellectual property for business
advantage developed using empirical data from cases involving actual insider
compromise. The following key observations describe the overarching patterns in the
cases of insider theft of intellectual property.
• Many insiders exhibited a sense of entitlement to the information they stole.
  Insiders generally disregarded IP agreements (44%).
• Many Entitled Independents showed signs of dissatisfaction with some aspect of
  their job, often compensation, benefits, or promotions (39%). No insiders stealing
  for the benefit of a foreign government or company showed signs of
  dissatisfaction.
• The insiders were evenly split according to whether they had authorized access to
  only part or whether they had authorized access to all of the information stolen.
  The majority of Entitled Independents had authorized access to the information
  they stole (67%). The majority of Ambitious Leaders did not have authorized
  access to all of the information they stole (69%).
• Most insiders were involved with significant planning activities more than a month
  before resignation. (59%).
• Some insiders started stealing information more than 1 month prior to their
  departure. (21%).
• Most insiders stole at least some information within a month of resignation (65%).
• Most insiders stole information in their area of job responsibility (74%) and many
  at least partially developed the information/product stolen (41%).
   This work has focused on gaining a more rigorous understanding of the nature of
the threat and providing an effective means for communicating that to the general
public. We have found that the system dynamics approach helped to structure and
focus the team’s discussion. This was particularly important since members of the
team, by necessity, came from the different disciplines of psychology and information
security. The models also provided a concrete target for validation through mapping
to observables exhibited by the real-world cases.
16      Moore, Caron, Cappelli, Shaw, & Trzeciak


   Of course, this is only the beginning of the work. Future work needs to further
validate the hypotheses embodied in the model. In addition, our ultimate concern is to
develop effective measures to counter the problem of theft of intellectual property.
Significant methodological and data challenges must be overcome before research on
insider activity can be soundly prescriptive for mitigation policies, practices, and
technology. However, we cannot overestimate the importance of looking at the total
context of adverse insider behavior for understanding why these events happened and
how they might be prevented in the future.
   By using the system dynamics approach we will attempt to assess the weight and
interrelatedness of personal, organizational, social, and technical factors. We expect
future work to use modeling and simulation to identify and evaluate the effectiveness
of deterrent measures in the workplace. Prospective studies of these phenomena will
always be challenging because of low base rates. In the meantime, system dynamics
modeling using available empirical data can bridge this methodological gap and
translate the best available data into implications for policies, practices, and
technologies to mitigate insider threat.


6      Acknowledgements

CERT would like to thank the Army Research Office and Carnegie Mellon
University’s CyLab for funding this project. Our original insider threat work was
funded by the U.S. Secret Service whose support we will always be grateful for. We
would also like to thank the following for their contributions to our insider threat
efforts and this project: Daniel Phelps of the CERT, Christopher Nguyen and Hannah
Joseph - prior CyLab employees and graduates of the Information Networking
Institute of Carnegie Mellon University – Michael Hanley and Greg Longo –current
CERT employees and students of the Heinz College of Carnegie Mellon University.


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18          Moore, Caron, Cappelli, Shaw, & Trzeciak


Appendix A: Nature of Insider IP Theft for Business Advantage

Who were the           •    91% of the insiders who stole intellectual property were male
insiders?                   (males comprise 82% of CERT’s overall case repository
                            where gender is known).
                       •    55% held technical positions (technical positions comprised
                            56% of the overall case repository where positions were
                            known).
                       •    65% were current employees when they committed their illicit
                            activity (current employees comprise 70% of CERT’s case
                            repository where employment status is known).
                       •    Nearly 80% of the insiders had already accepted positions with
                            another company or had started a competing company at the
                            time of the theft.
Why did they           •    32 % of the insiders stole the information to gain an immediate
do it?                      advantage at a new job.
                       •    In 21% of the cases, the insider gave the information to a
                            foreign company or government organization. The average
                            financial impact for cases involving the benefit for a foreign
                            entity was over four times that of domestic intellectual
                            property theft.
When did the           •    73% of the crimes where information was available were
attacks happen?             committed during working hours (37% of CERT’s overall
                            cases were committed during work hours).
                       •    37% stole within a month of their departure from the
                            organization (this characteristic drops to 7% when viewed
                            across all crimes in the CERT repository).
                       •    Less than one third of the insiders continued their theft for
                            more than one month; and of those that did so, half of them
                            stole the information for a side business, and half to take to a
                            new employer.
How did they           •    Over three-quarters of the insiders had authorized access to the
attack?                     information stolen at the time of the theft. (27% of the insiders
                            across all crimes had authorized access at the time of the
                            theft).
                       •    None of the insiders had privileged access10, which enabled
                            them to commit the crime (6% of all crimes involved an
                            insider with privileged access).
                       •    In approximately 15% of the cases, the insider colluded with at
                            least one other insider to commit the crime (insiders
                            collaborated with accomplices 22% of the time overall).
                       •    The insider was only actively recruited by someone outside the
                            organization in less than 25% of the cases.

10
     Such as that given to a system or database administrator.
 Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   19


                   •    68% of the insider attacked at the workplace (21% attacked
                        remotely, accessing their employers’ networks from their
                        homes or from another organization. In 11% of the cases the
                        location of the attack was unknown.)
How was the        •    Many of these incidents were detected by non-technical
theft detected?         means, such as:
                             o notification by a customer or other informant,
                             o detection by law enforcement investigating the
                                  reports of the theft by victims,
                             o reporting of suspicious activity by co-workers, and
                             o sudden emergence of new competing organizations.
                   •    The most likely person to discover an insider theft for business
                        advantage is a non-technical employee. In cases where we
                        were able to isolate the person who discovered the incident,
                        57% were detected by non-technical employees (non-technical
                        employees were responsible for discovering insider crime in
                        36% of the overall case repository).
What were the      •    In 26% of the cases, proprietary software or source code was
impacts?                stolen (insiders targeted software in 8% of the entire CERT
                        case repository).
                   •    29% of cases involved business plans, proposals, and other
                        strategic plans (insiders targeted business plans in 5% of the
                        entire CERT case repository).
                   •    63% involved trade secrets, such as product designs or
                        formulas (trade secrets were stolen in 15% of the cases in
                        CERT’s repository, regardless of crime type).
                   •    20% involved customer lists or customer data (This
                        information was targeted 23% of the time across all crimes).
                   •    20% involved the organization’s physical property (physical
                        property was the target in 8% of CERT’s cases overall).
                                      Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   20


Appendix A: Entitled Independent Model of the Insider IP Theft
                                       Insider Theft of Intellectual Property for Business Advantage: A Preliminary Model   21
Appendix B:: Ambitious Leader Model of the insider IP Theft