Editor’s Note: Autonomous, agentic AI is moving from “helpful tool” to full participant in national defense—and the 3rd Edition of the Guide to Developing a National Cybersecurity Strategy (released late 2025 by the ITU and World Bank) is one of the clearest signals yet that governments now expect measurable, outcome-based cyber resilience, not checkbox compliance.

That shift matters immediately for cybersecurity, data privacy, regulatory compliance, and eDiscovery leaders. As the guide reframes “critical infrastructure” to include the digital backbone—data centers, cables, and essential services—it also tightens the practical expectations around where sensitive data can reside, who controls encryption keys, and what “reasonable” defense looks like once an incident enters regulatory review or litigation discovery.

The urgency is no longer theoretical. IBM’s latest breach research highlights how quickly AI adoption is outrunning governance, while industry polling points to agentic AI as a near-term attack surface priority—exactly the kind of “shadow agent” risk this article translates into actionable governance, evidence integrity, and defensibility steps.


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Industry News – Cybersecurity Beat

The Algorithmic Guardrail: National Defense in the Age of Autonomous Risk

ComplexDiscovery Staff

Autonomous code is quietly taking a seat at the national security table. The 3rd Edition of the Guide to Developing a National Cybersecurity Strategy is an attempt to build guardrails around this machine-driven reality—and to spell out what “acceptable” risk looks like for governments and the professionals who manage their most sensitive information.

What was once a document intended for policy theorists has become a field manual for countries trying to stay economically viable in an increasingly hostile digital environment. Released in late 2025 by the International Telecommunication Union and the World Bank, and shaped by thirty-seven contributing organizations spanning intergovernmental bodies, private industry, and academia, the guide’s third edition carries a subtitle that signals its intent: “Strategic Engagement in Cybersecurity.” For cybersecurity, information governance, and electronic evidence leaders, this evolution is beginning to dictate how data must be classified, where it is allowed to live, and what will be judged as a reasonable defense when incidents move into regulatory and courtroom scrutiny.

The transition from the first edition of the guide in 2018 to the current 2026 landscape is staggering. Back then, only 76 countries had a formal strategy in place. By 2021, that number had climbed to 127. Today, according to the ITU Global Cybersecurity Index, 136 nations have adopted national cybersecurity strategies, with many now navigating their third or fourth iteration of cyber policy. This growth reflects a world where technology and connectivity are the backbone of modern business, yet remain inherently vulnerable. The World Bank, in a recent blog post accompanying the guide’s release, described it plainly: digital transformation can only fulfill its promise if the systems that underpin it are resilient and trusted. For professionals in the United States, the stakes are particularly high. The 2025 IBM Cost of a Data Breach Report reveals that while global average costs dipped to $4.44 million—the first decline in five years—the average cost for US organizations reached a record $10.22 million, a nine percent jump from the prior year. That surge is driven by a mix of aggressive regulatory fines, rising detection and escalation costs, and the growing complexity of breach investigations in interconnected cloud environments.

The Rise of the Shadow Agent

At the center of this landscape is the emergence of agentic AI—autonomous systems that can reason, plan, and execute multi-step operations across enterprise networks at machine speed. A recent Dark Reading poll found that nearly half of cybersecurity professionals believe agentic AI will represent the top attack vector for cybercriminals and nation-state actors by the end of 2026. These are not the chatbots of two years ago. They are persistent systems with tool access, memory, and the ability to chain actions across trust boundaries with minimal human oversight. The OWASP Foundation has published a Top 10 risk list for agentic AI, covering threats from prompt injection and privilege escalation to memory poisoning and cascading multi-agent failures. IBM’s own data underscores the governance gap: among organizations that reported an AI-related security incident, a startling 97 percent lacked proper AI access controls. Across the broader population of breached organizations studied, 63 percent had no formal AI governance policy in place.

For information governance professionals, these “shadow agents” present a unique and urgent challenge. The practical response begins with treating AI as a central part of the threat model, explicitly mapping the permissions and lifecycle of every autonomous agent within an ecosystem. Annual reviews are no longer sufficient. A resilient organization must move toward continuous monitoring of AI workflows to detect model drift, unauthorized data access, or tool misuse. Amy Worley, leader of BRG’s Privacy and Information Compliance practice group, has warned that agentic AI creates security risks that extend well beyond passive content generation, enabling elevated, cross-system actions without real-time human oversight. In her view, because no one is actively monitoring these agents, even minor errors or malicious injections can escalate rapidly into enterprise-wide security events.

Critical Infrastructure Redefined

The Guide to Developing a National Cybersecurity Strategy emphasizes that cybersecurity is not a goal in itself but an enabler of economic and social prosperity. This is why the latest edition places a heavy focus on protecting Critical Information Infrastructure and Essential Services. In 2026, the definition of critical infrastructure has expanded to include not just power plants and water systems, but also the data centers and submarine cables that keep the digital economy afloat. For those handling electronic evidence, this expansion means that the scope of “relevant data” in litigation now often involves operational technology logs and highly sensitive infrastructure records that require specialized handling and what some practitioners are calling sovereign key control—the ability of a nation or organization to maintain exclusive authority over its own encryption keys.

Geopolitics has become inseparable from this conversation. Global fragmentation means that where data lives and who holds the encryption keys is a matter of national security. Organizations are increasingly forced to account for geopolitically motivated attacks, such as the disruption of logistics or the theft of intellectual property. A practical step for any legal or IT team is to establish a centralized coordination mechanism for vendor risk that accounts for the jurisdiction of the software provider. If a third-party technology provider is disrupted by a regional conflict, the operational and reputational consequences fall squarely on the client. Ensuring that vendor contracts include specific security performance metrics and real-time threat sharing is a concrete step toward mitigating third-party vulnerability.

Outcome-Based Metrics Replace Checkbox Compliance

Integrating these national priorities into day-to-day governance requires a move away from static compliance and toward measurable, outcome-based metrics. The guide encourages leaders to adopt SMART key performance indicators—Specific, Measurable, Achievable, Relevant, and Time-related—that focus on the change expected rather than the tools purchased. Instead of simply reporting that a system uses two-factor authentication, a governance professional should be able to demonstrate that they “control logical access to critical resources” across both human and machine identities. CISA’s own FY2024-2026 Cybersecurity Strategic Plan mirrors this philosophy, with nearly 30 measures of effectiveness designed to track whether the work is actually making organizations more secure, not just whether the work was done.

This outcome-focused approach allows for greater agility as the risk landscape continues to evolve. It is also where the eDiscovery market is heading. With total eDiscovery spending on a solid growth trajectory—ComplexDiscovery’s 2024-2029 market size analysis projects continued expansion across both software and services—firms are under immense pressure to do more even as the professional landscape shifts. The Thomson Reuters Institute’s 2026 Report on the State of the US Legal Market confirms this tension. Law firm technology spending grew nearly 10 percent in 2025—likely the fastest real growth ever experienced in the legal industry—as firms race to deploy generative AI capabilities. Yet the report also warns that forecasts point to demand softening in mid-2026, with the potential for contraction.

The Evidence Integrity Challenge

The explosion of data volumes is redefining the electronic evidence workflow. While some sectors are seeing an unprecedented demand surge, the composition of support teams is changing. Manual-task roles, such as research and word processing, are declining as firms aggressively invest in AI capabilities. The focus has shifted toward contextual intelligence—systems that evaluate communication patterns, behavioral markers, and relationships between metadata, rather than relying on keyword searches alone. This is a welcome advancement, but it comes with a liability. To maintain evidentiary integrity, practitioners should implement enhanced verification protocols for AI-generated documents. Every piece of evidence must have a clear provenance trail to avoid the risks of hallucinated content or deepfake manipulation during the discovery process. The NCS guide itself reinforces this imperative at the national level: its legislation and regulation focus area calls on governments to establish domestic legal frameworks for cybercrime and electronic evidence that define evidentiary rules addressing collection, authentication, integrity, chain of custody, and admissibility. As those national frameworks harden, organizations without defensible evidence-handling protocols will find themselves on the wrong side of both the courtroom and the regulator. IBM reported that one in six breaches now involves attackers using AI, with generative AI-powered phishing (37 percent of AI-related attacks) and deepfake impersonation (35 percent) leading the way.

As national leaders align their economic visions with security priorities, the professional community must also recognize that rights held offline must be protected online. The latest NCS guidance stresses that cybersecurity measures should never facilitate arbitrary or unlawful surveillance. This commitment to fundamental human rights is a cornerstone of the trust environment required for digital transformation. When building out a data governance framework, professionals should ensure that data collection for security purposes occurs only within a precise legal framework with effective oversight. This balance between security and privacy is an absolute regulatory necessity in 2026.

The Road Ahead

Ultimately, the 2025-2026 National Cybersecurity Strategy guide is a living framework. It requires institutionalized technological foresight and regular horizon scanning to anticipate disruptive trends such as quantum computing and the convergence of robotics and IT. The World Bank has noted that countries at very different stages of digital and cyber maturity have used the guide to structure discussions, engage stakeholders, and turn policy goals into actionable plans—with nations like Ghana using earlier World Bank-supported reforms to rise to first place in Western and Central Africa on global cybersecurity index tracking. The path forward for cybersecurity and information governance professionals is one of continuous education and radical transparency. By treating cybersecurity as a strategic investment—one that pays dividends in contract wins, litigation preparedness, and incident cost avoidance—organizations can navigate this volatile era with confidence.

Who holds the keys to the kingdom when the autonomous agent tasked with defending the network becomes the very vector for its exploitation?

The Professional Imperative

None of this lives in abstraction. For cybersecurity practitioners, the convergence of agentic AI as a top-tier attack vector and US breach costs already exceeding $10 million means that autonomous defense and formal AI governance policies are no longer aspirational—they are operational necessities, and 63 percent of organizations have yet to establish them. Information governance professionals face a parallel reckoning: the outcome-based metric shift endorsed by the ITU/World Bank guide and CISA’s strategic plan, combined with the expansion of critical infrastructure definitions to include data centers and submarine cables, is rewriting how records and sensitive assets must be classified, stored, and defended under sovereign key control. And for those in the electronic evidence space, rapid eDiscovery market growth, record-breaking legal technology investment, and the thinning of manual support roles all point in one direction—verification protocols for AI-generated evidence, clear provenance trails, and litigation-ready workflows are the price of admission in a world where national frameworks are hardening around collection, authentication, chain of custody, and admissibility standards while deepfake and hallucination risks are woven into the fabric of daily practice. The gap between national policy and the professional desk has never been narrower, and the cost of ignoring that fact has never been higher.

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