A US Data Protection Agency
The United States is one of the few democracies without some formal data protection agency, and we need one. Senator Gillibrand just proposed creating one.
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The United States is one of the few democracies without some formal data protection agency, and we need one. Senator Gillibrand just proposed creating one.
The Norwegian Consumer Council has published an extensive report about how the adtech industry violates consumer privacy. At the same time, it is filing three legal complaints against six companies in this space. From a Twitter summary:
1. [thread] We are filing legal complaints against six companies based on our research, revealing systematic breaches to privacy, by shadowy #OutOfControl #adtech companies gathering & sharing heaps of personal data. https://forbrukerradet.no/out-of-control/#GDPR… #privacy
2. We observed how ten apps transmitted user data to at least 135 different third parties involved in advertising and/or behavioural profiling, exposing (yet again) a vast network of companies monetizing user data and using it for their own purposes.
3. Dating app @Grindr shared detailed user data with a large number of third parties. Data included the fact that you are using the app (clear indication of sexual orientation), IP address (personal data), Advertising ID, GPS location (very revealing), age, and gender.
From a news article:
The researchers also reported that the OkCupid app sent a user’s ethnicity and answers to personal profile questions—like “Have you used psychedelic drugs?”—to a firm that helps companies tailor marketing messages to users. The Times found that the OkCupid site had recently posted a list of more than 300 advertising and analytics “partners” with which it may share users’ information.
This is really good research exposing the inner workings of a very secretive industry.
To comply with California’s new data privacy law, companies that collect information on consumers and users are forced to be more transparent about it. Sometimes the results are creepy. Here’s an article about Ralphs, a California supermarket chain owned by Kroger:
…the form proceeds to state that, as part of signing up for a rewards card, Ralphs “may collect” information such as “your level of education, type of employment, information about your health and information about insurance coverage you might carry.”
It says Ralphs may pry into “financial and payment information like your bank account, credit and debit card numbers, and your credit history.”
Wait, it gets even better.
Ralphs says it’s gathering “behavioral information” such as “your purchase and transaction histories” and “geolocation data,” which could mean the specific Ralphs aisles you browse or could mean the places you go when not shopping for groceries, thanks to the tracking capability of your smartphone.
Ralphs also reserves the right to go after “information about what you do online” and says it will make “inferences” about your interests “based on analysis of other information we have collected.”
Other information? This can include files from “consumer research firms” —read: professional data brokers —and “public databases,” such as property records and bankruptcy filings.
The reaction from John Votava, a Ralphs spokesman:
“I can understand why it raises eyebrows,” he said. We may need to change the wording on the form.”
That’s the company’s solution. Don’t spy on people less, just change the wording so they don’t realize it.
More consumer protection laws will be required.
BusKill is designed to wipe your laptop (Linux only) if it is snatched from you in a public place:
The idea is to connect the BusKill cable to your Linux laptop on one end, and to your belt, on the other end. When someone yanks your laptop from your lap or table, the USB cable disconnects from the laptop and triggers a udev script [1, 2, 3] that executes a series of preset operations.
These can be something as simple as activating your screensaver or shutting down your device (forcing the thief to bypass your laptop’s authentication mechanism before accessing any data), but the script can also be configured to wipe the device or delete certain folders (to prevent thieves from retrieving any sensitive data or accessing secure business backends).
Clever idea, but I—and my guess is most people—would be much more likely to stand up from the table, forgetting that the cable was attached, and yanking it out. My problem with pretty much all systems like this is the likelihood of false alarms.
Slashdot article.
EDITED TO ADD (1/14): There are Bluetooth devices that will automatically encrypt a laptop when the device isn’t in proximity. That’s a much better interface than a cable.
Privacy International has published a detailed, technical examination of how data is extracted from smartphones.
The Spanish Soccer League’s smartphone app spies on fans in order to find bars that are illegally streaming its games. The app listens with the microphone for the broadcasts, and then uses geolocation to figure out where the phone is.
The Spanish data protection agency has ordered the league to stop doing this. Not because it’s creepy spying, but because the terms of service—which no one reads anyway—weren’t clear.
Krebs on Security is reporting a massive data leak by the real estate title insurance company First American Financial Corp.
“The title insurance agency collects all kinds of documents from both the buyer and seller, including Social Security numbers, drivers licenses, account statements, and even internal corporate documents if you’re a small business. You give them all kinds of private information and you expect that to stay private.”
Shoval shared a document link he’d been given by First American from a recent transaction, which referenced a record number that was nine digits long and dated April 2019. Modifying the document number in his link by numbers in either direction yielded other peoples’ records before or after the same date and time, indicating the document numbers may have been issued sequentially.
The earliest document number available on the site—000000075—referenced a real estate transaction from 2003. From there, the dates on the documents get closer to real time with each forward increment in the record number.
This is not an uncommon vulnerability: documents without security, just “protected” by a unique serial number that ends up being easily guessable.
Krebs has no evidence that anyone harvested all this data, but that’s not the point. The company said this in a statement: “At First American, security, privacy and confidentiality are of the highest priority and we are committed to protecting our customers’ information.” That’s obviously not true; security and privacy are probably pretty low priorities for the company. This is basic stuff, and companies like First America Corp. should be held liable for their poor security practices.
This law review article by Noam Kolt, titled “Return on Data,” proposes an interesting new way of thinking of privacy law.
Abstract: Consumers routinely supply personal data to technology companies in exchange for services. Yet, the relationship between the utility (U) consumers gain and the data (D) they supply—”return on data” (ROD)—remains largely unexplored. Expressed as a ratio, ROD = U / D. While lawmakers strongly advocate protecting consumer privacy, they tend to overlook ROD. Are the benefits of the services enjoyed by consumers, such as social networking and predictive search, commensurate with the value of the data extracted from them? How can consumers compare competing data-for-services deals? Currently, the legal frameworks regulating these transactions, including privacy law, aim primarily to protect personal data. They treat data protection as a standalone issue, distinct from the benefits which consumers receive. This article suggests that privacy concerns should not be viewed in isolation, but as part of ROD. Just as companies can quantify return on investment (ROI) to optimize investment decisions, consumers should be able to assess ROD in order to better spend and invest personal data. Making data-for-services transactions more transparent will enable consumers to evaluate the merits of these deals, negotiate their terms and make more informed decisions. Pivoting from the privacy paradigm to ROD will both incentivize data-driven service providers to offer consumers higher ROD, as well as create opportunities for new market entrants.
A recent experiment found all sorts of personal data left on used laptops and smartphones.
This should come as no surprise. Simson Garfinkel performed the same experiment in 2003, with similar results.
In an excellent blog post, Brian Krebs makes clear something I have been saying for a while:
Likewise for individuals, it pays to accept two unfortunate and harsh realities:
Reality #1: Bad guys already have access to personal data points that you may believe should be secret but which nevertheless aren’t, including your credit card information, Social Security number, mother’s maiden name, date of birth, address, previous addresses, phone number, and yes even your credit file.
Reality #2: Any data point you share with a company will in all likelihood eventually be hacked, lost, leaked, stolen or sold usually through no fault of your own. And if you’re an American, it means (at least for the time being) your recourse to do anything about that when it does happen is limited or nil.
[…]
Once you’ve owned both of these realities, you realize that expecting another company to safeguard your security is a fool’s errand, and that it makes far more sense to focus instead on doing everything you can to proactively prevent identity thieves, malicious hackers or other ne’er-do-wells from abusing access to said data.
His advice is good.
Sidebar photo of Bruce Schneier by Joe MacInnis.