indistinguishable from Nation States in that they sometimes deploy advanced techniques to
infect and compromise networks and data.
Lastly, at the top of this pyramid, are those State sponsored entities, usually military or
security organisations, seeking to use network and information systems to conduct
operations ranging from the exfiltration of data to the destruction of physical infrastructure.
These threat actors, usually referred to as ‘advanced persistent threats’ (or APTs) have been
shown to be involved in attacks across a wide range of sectors, but with a particular focus on
Government IT systems, telecommunications networks, financial services and technology
companies. The resources at their disposal, their persistence and their expertise mean that
that these entities pose a very particular challenge, they are difficult to detect and difficult to
remove and therefore pose a serious and ongoing challenge to the security of network and
information systems.
Historically, States could hope to secure both Critical National Infrastructure and public
sector systems and data by securing a very small number of key installations. They could
make laws to prohibit parties using their territories for illicit purposes or activities, and they
could use physical borders as a means of defending against external threats. None of these
measures are as effective in the digital age. Moreover, for practical and legal reasons,
Governments generally do not have visibility of, or cannot secure, the vast range of devices
in their territory or the traffic flowing to and from them. This is because networks are privately
owned, as are both connected devices and a very large proportion of critical national
infrastructure.
For much of the period until 2016, the approach taken by many National Governments has
been to support organisations by providing information as to threats and to risk mitigation
measures, and by providing an incident response function. In Ireland, the signing into law of
the 2018 Network and Information Security Regulations (S.I. 360 of 2018) has resulted in a
far more proactive approach to the protection of Critical National Infrastructure, including the
formal identification of operators, and the commencement of a programme of security
measures that include assessments and audits of compliance, in line with measures being
taken across Europe. These will, over time, result in an increase in the resilience of these
key services against attack or incident. Risks remain however, both in those sectors covered
by the NIS Regulations and outside of these.
In the first instance, the adherence to the security measures in the NIS Regulations is a risk
reduction methodology, not a guarantee of absolute security. Secondly, the NIS Directive
and Regulations are explicitly limited to seven named sectors. Both the assessment of
Critical National Infrastructure carried out by the NCSC during the designation process and
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