CriticalCVE-2016-3309

    Microsoft Windows Kernel Privilege Escalation Vulnerability (CVE-2016-3309)

    Published In CISA KEV since Sources: CVE.org

    What is affected, what to do

    The kernel-mode drivers in Microsoft Windows Vista SP2; Windows Server 2008 SP2 and R2 SP1; Windows 7 SP1; Windows 8.1; Windows Server 2012 Gold and R2; Windows RT 8.1; and Windows 10 Gold, 1511, and 1607 allow local users to gain privileges via a crafted application, aka "Win32k Elevation of Privilege Vulnerability," a different vulnerability than CVE-2016-3308, CVE-2016-3310, and CVE-2016-3311.

    The vulnerability is being actively exploited; treat it as a priority. CISA lists it as used in ransomware campaigns. The available sources name no fixed version. Check the vendor guidance in the references below. Immediate actions, mitigation and detection rules are in the runbook below.

    Affected
    • Microsoft Windows Server 2008 eq r2..r2
    • Microsoft Windows Server 2012 eq r2..r2

    Not sure whether and how you are affected? Ask a question about this vulnerability

    Metrics

    7.8

    Priority

    XIEM Effective CVSS: highest available CVSS rating from NVD and vendor data.

    Source: NVD, CVSS v3

    7.8

    CVSS v3

    Severity High on the scale from 0 to 10.

    Source: CVE.org

    20.5 %

    EPSS score

    Elevated — model estimates 10-50% exploitation likelihood.

    Source: FIRST EPSS, percentile 97.5

    Show all metrics
    Severity
    Critical
    Priority (0–325)

    The priority score is a consolidated metric that condenses several individual signals into a single, action-guiding ranking: technical severity (CVSS), exploitation likelihood (EPSS), known-exploited status (KEV) and the context of the affected asset. The aim is to answer the only truly important question in vulnerability management: what first?

    Read in glossary
    240.07 Methodology
    Exploit maturity

    An exploit is code or a technique that specifically uses a concrete vulnerability to force unintended behaviour — such as executing code or escalating privileges. It is the tool that turns a theoretical flaw into a practical attack.

    Read in glossary
    actively exploited
    XIEM Effective CVSS

    XIEM® is the tiered managed-security operating model from NEOSEC and a registered trademark of NEOSEC GmbH. It extends classic SIEM — the central collection, normalisation and correlation of security-relevant events — with endpoint forensics, network visibility and deception technology, and consolidates them into three building tiers: Sentry, Orchestrate and Command.

    Read in glossary
    7.8 Methodology
    CVSS v3

    CVSS is the globally established, open standard for assessing the technical severity of a vulnerability on a scale from 0 to 10. It describes how easily a flaw can be exploited and what damage it can cause — but not how likely its actual exploitation is. CVSS and the complementary EPSS deliberately answer different questions.

    Read in glossary
    7.8
    EPSS score

    The EPSS score is the absolute model output for an individual vulnerability: the estimated probability of real-world exploitation within the next 30 days, expressed as a value between 0 and 1 (i.e. 0 % to 100 %). A score of 0.42 means „the model estimates a 42 % chance of real-world exploitation within 30 days“.

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    20.5 %
    Elevated — model estimates 10-50% exploitation likelihood.
    EPSS percentile

    The EPSS percentile is the relative position of a vulnerability within all EPSS-scored CVEs, expressed as a value between 0 and 1. A percentile of 0.90 means „this CVE has a higher EPSS score than 90 % of all other scored CVEs“. Unlike the EPSS score, it is not a probability — but a positioning within a ranking.

    Read in glossary
    97.5
    Critical — this CVE ranks in the top fifth of all CVEs scored today (rank ≥ 80%).
    KEV status

    The KEV catalogue is a list maintained by the US authority CISA of vulnerabilities for which active exploitation in the wild has been confirmed. It answers not the question „how severe?“ but „is it already being attacked?“ — thereby sharply prioritising patching.

    Read in glossary
    Actively exploited
    Published
    In CISA KEV since

    The KEV catalogue is a list maintained by the US authority CISA of vulnerabilities for which active exploitation in the wild has been confirmed. It answers not the question „how severe?“ but „is it already being attacked?“ — thereby sharply prioritising patching.

    Read in glossary
    CISA assessment (SSVC)
    Exploitation: active · not automatable · Technical impact: total
    Source: CISA Vulnrichment, as of 10 February 2025

    Response and mitigation

    Why act now?

    Prioritisation rationale

    This flaw requires low-privileged local access, but it then reliably delivers kernel-mode code execution. That makes it a staple post-initial-access step in intrusion chains, and CISA explicitly flags known use in ransomware campaigns. Exploitation likelihood is very high, and public exploits have circulated for years. Today's realistic exposure is concentrated in neglected legacy assets: OT-adjacent HMI workstations, line-of-business servers on Server 2008/2012, and frozen Windows 10 LTSB 1607 builds, all common in KRITIS environments. On a fully patched fleet the risk is low, but any unpatched legacy host that users can reach should be treated as high priority, because it hands attackers a direct path to SYSTEM and to encryption.

    1. Runbook step 1

      Immediate response (0-24 h)

      • Inventory exposed hosts: Use SCCM/Intune, WSUS reports or EDR inventory to find every Windows Vista SP2, Server 2008 SP2/R2 SP1, Windows 7 SP1, 8.1/RT 8.1, Server 2012/2012 R2 and Windows 10 Gold/1511/1607 host. Treat any host lacking cumulative updates or security rollups from August 2016 onward as vulnerable.
      • Apply the vendor fix: A patch for this Win32k flaw is available from Microsoft. Look up the bulletin and KB ID in the vendor advisory. On supported builds, the current cumulative update already includes the fix. Verify with Get-HotFix or the OS build number.
      • Isolate unsupported systems: Vista, Windows 7 and Server 2008 without ESU, as well as Windows 10 1507/1511/1607, receive no further updates. Move them to a dedicated VLAN and restrict interactive logon and RDP (TCP 3389) to whitelisted jump hosts. Schedule their replacement.
      • Hunt on exposed legacy hosts: This bug is used after initial access (phishing, RDP, webshells). On unpatched hosts with user access, look for SYSTEM processes with user-level parents (see Detection rules).
      • Rotate credentials if compromise is suspected: Reset local admin passwords (LAPS), service accounts and cached domain credentials on affected hosts. Gaining SYSTEM enables LSASS dumping.
    2. Runbook step 2

      Mitigation layers

      • Application control (endpoint): Use WDAC or AppLocker to block unsigned or unapproved binaries from user-writable paths: %TEMP%, %APPDATA%, %LOCALAPPDATA%, C:\Users\Public and Downloads. The exploit requires a crafted application to run locally.
      • Least privilege (IAM): Restrict Allow log on locally and Allow log on through Remote Desktop Services via GPO so only admin groups can log on to servers. Standard users should never get sessions on servers. Shared terminal servers running legacy OS versions should be patched or retired first.
      • Network segmentation: Place unpatchable legacy hosts in a quarantine zone. Block SMB (TCP 445), RDP (TCP 3389) and WinRM (TCP 5985/5986) outbound from that zone so a local privilege escalation cannot become a lateral-movement pivot.
      • Post-exploitation hardening: Enable LSA protection (RunAsPPL=1) and Credential Guard where supported. On Defender estates, enable the ASR rule "Block credential stealing from LSASS". This does not stop the exploit, but it limits the blast radius once SYSTEM is obtained.
      • Initial-access controls: Block executable attachments (.exe, .scr, .js, .hta) at the mail gateway and disable internet-sourced Office macros via GPO. This cuts off the delivery path that precedes the exploit.
    3. Runbook step 3

      Detection rules

      • Integrity-level jump (EDR/MDE): DeviceProcessEvents | where ProcessIntegrityLevel == "System" and InitiatingProcessIntegrityLevel in ("Medium","Low") and InitiatingProcessFileName !in~ ("consent.exe","msiexec.exe") — this is the core signal for a successful kernel privilege escalation.
      • Sysmon EID 1 / Security 4688: Alert on cmd.exe, powershell.exe or whoami.exe running as NT AUTHORITY\SYSTEM whose ParentImage sits in a user path (\Users\, \AppData\, \Temp\). Sigma shape: selection: User|contains: 'SYSTEM' AND ParentImage|contains: ['\AppData\','\Temp\','\Users\Public\'].
      • Kernel crashes from failed attempts: Watch System Event ID 1001 (BugCheck) and WER entries naming win32k.sys as the faulting module. Clusters of blue screens on legacy hosts can indicate unstable exploit attempts.
      • Dropped binary followed by a SYSTEM shell: Correlate Sysmon EID 11 (FileCreate) of an .exe in %TEMP%, then EID 1 of that file within minutes, then a SYSTEM child process. SPL: index=sysmon EventCode=1 User="NT AUTHORITY\\SYSTEM" ParentImage="*\\AppData\\*".
      • Follow-on activity: Watch for Security 4720/4732 (account created or added to Administrators), lsass.exe access (Sysmon EID 10 with GrantedAccess 0x1010/0x1410) and vssadmin delete shadows. The last is a classic ransomware precursor after privileges have been escalated.

    Detection rules

    No NEOSEC detection rule is available for this vulnerability yet.

    Classification under NIS2 and CRA

    Rule-based classification from exploitation status and severity. It does not replace a case-by-case assessment.

    NIS2

    NIS2 is EU Directive (EU) 2022/2555 to raise the level of cybersecurity across the Union. It substantially broadens obligations compared with the first NIS directive: more sectors, mandatory risk management, staged reporting duties and personal accountability of senior management.

    Read in glossary
    Actively exploited: treat the vulnerability as a priority in vulnerability handling under Art. 21(2)(e) NIS2. If it is exploited in your environment, check the reporting obligation under Art. 23 (early warning within 24 hours).
    CRA

    The CRA is EU Regulation (EU) 2024/2847 setting horizontal cybersecurity requirements for „products with digital elements“ — from industrial controllers and software to connected consumer devices. For the first time manufacturers must ensure security across the entire product lifecycle, handle vulnerabilities and provide security updates.

    Read in glossary
    Since 11.09.2026, manufacturers of affected products with digital elements must report actively exploited vulnerabilities under Art. 14 CRA, with an early warning within 24 hours via ENISA's single reporting platform.
    ISO/IEC 27001

    ISO/IEC 27001 is the internationally leading standard for an information security management system (ISMS). It describes a risk-based, process-oriented framework to systematically plan, implement, review and improve information security.

    Read in glossary
    Control A.8.8, management of technical vulnerabilities: assess relevance to your systems, plan remediation and keep evidence.

    Description

    The kernel-mode drivers in Microsoft Windows Vista SP2; Windows Server 2008 SP2 and R2 SP1; Windows 7 SP1; Windows 8.1; Windows Server 2012 Gold and R2; Windows RT 8.1; and Windows 10 Gold, 1511, and 1607 allow local users to gain privileges via a crafted application, aka "Win32k Elevation of Privilege Vulnerability," a different vulnerability than CVE-2016-3308, CVE-2016-3310, and CVE-2016-3311.

    Source: NVD (NIST), cvelistv5, CISA KEV Catalog, CVE.org (MITRE)

    Vendors and products

    Affected operating systems

    Affected operating systems
    Windowsmicrosoftwindows_10_1507—
    Windowsmicrosoftwindows_10_1511—
    Windowsmicrosoftwindows_10_1607—
    Windowsmicrosoftwindows_7—
    Windowsmicrosoftwindows_8.1—
    Windowsmicrosoftwindows_rt_8.1—
    Windowsmicrosoftwindows_server_2008r2
    Windowsmicrosoftwindows_server_2008—
    Windowsmicrosoftwindows_server_2012r2
    Windowsmicrosoftwindows_server_2012—
    Windowsmicrosoftwindows_vista—

    Public exploit references

    Publicly reported proof-of-concepts, exploit modules and detection templates for this vulnerability. NEOSEC links to the original sources only and does not provide any exploit code.

    Public exploit references
    CISA KEV CatalogCISA Known Exploited Vulnerability (opens in a new tab)cisa.govactively exploited
    Exploit-DBEDB-ID 42960 (opens in a new tab)exploit-db.comPoC (publicly reported)reported, not verified—

    References & sources

    • docs.microsoft.comMS16-098Vendor advisory, x_refsource_MS, Patch, Vendor advisory
    • exploit-db.com42960Exploit, x_refsource_EXPLOIT-DB, Broken link, Third-party advisory, Vulnerability database
    • securitytracker.com1036572Vulnerability database, x_refsource_SECTRACK, Broken link, Third-party advisory, Vulnerability database
    • securityfocus.com92297Vulnerability database, x_refsource_BID, Broken link, Third-party advisory, Vulnerability database
    • cisa.govknown-exploited-vulnerabilities-catalog?field_cve=CVE-2016-3309government-resource, US government resource
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