Entries Tagged "identity theft"

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Public Disclosure of Personal Data Loss

Citigroup announced that it lost personal data on 3.9 million people. The data was on a set of backup tapes that were sent by UPS (a package delivery service) from point A and never arrived at point B.

This is a huge data loss, and even though it is unlikely that any bad guys got their hands on the data, it will have profound effects on the security of all our personal data.

It might seem that there has been an epidemic of personal-data losses recently, but that’s an illusion. What we’re seeing are the effects of a California law that requires companies to disclose losses of thefts of personal data. It’s always been happening, only now companies have to go public with it.

As a security expert, I like the California law for three reasons. One, data on actual intrusions is useful for research. Two, alerting individuals whose data is lost or stolen is a good idea. And three, increased public scrutiny leads companies to spend more effort protecting personal data.

Think of it as public shaming. Companies will spend money to avoid the PR cost of public shaming. Hence, security improves.

This works, but there’s an attenuation effect going on. As more of these events occur, the press is less likely to report them. When there’s less noise in the press, there’s less public shaming. And when there’s less public shaming, the amount of money companies are willing to spend to avoid it goes down.

This data loss has set a new bar for reporters. Data thefts affecting 50,000 individuals will no longer be news. They won’t be reported.

The notification of individuals also has an attenuation effect. I know people in California who have a dozen notices about the loss of their personal data. When no identity theft follows, people start believing that it isn’t really a problem. (In the large, they’re right. Most data losses don’t result in identity theft. But that doesn’t mean that it’s not a problem.)

Public disclosure is good. But it’s not enough.

Posted on June 8, 2005 at 4:45 PM • View Comments

U.S. Medical Privacy Law Gutted

In the U.S., medical privacy is largely governed by a 1996 law called HIPAA. Among many other provisions, HIPAA regulates the privacy and security surrounding electronic medical records. HIPAA specifies civil penalties against companies that don’t comply with the regulations, as well as criminal penalties against individuals and corporations who knowingly steal or misuse patient data.

The civil penalties have long been viewed as irrelevant by the health care industry. Now the criminal penalties have been gutted:

An authoritative new ruling by the Justice Department sharply limits the government’s ability to prosecute people for criminal violations of the law that protects the privacy of medical records.

The criminal penalties, the department said, apply to insurers, doctors, hospitals and other providers—but not necessarily their employees or outsiders who steal personal health data.

In short, the department said, people who work for an entity covered by the federal privacy law are not automatically covered by that law and may not be subject to its criminal penalties, which include a $250,000 fine and 10 years in prison for the most serious violations.

This is a complicated issue. Peter Swire worked extensively on this bill as the President’s Chief Counselor for Privacy, and I am going to quote him extensively. First, a story about someone who was convicted under the criminal part of this statute.

In 2004 the U.S. Attorney in Seattle announced that Richard Gibson was being indicted for violating the HIPAA privacy law. Gibson was a phlebotomist ­ a lab assistant ­ in a hospital. While at work he accessed the medical records of a person with a terminal cancer condition. Gibson then got credit cards in the patient’s name and ran up over $9,000 in charges, notably for video game purchases. In a statement to the court, the patient said he “lost a year of life both mentally and physically dealing with the stress” of dealing with collection agencies and other results of Gibson’s actions. Gibson signed a plea agreement and was sentenced to 16 months in jail.

According to this Justice Department ruling, Gibson was wrongly convicted. I presume his attorney is working on the matter, and I hope he can be re-tried under our identity theft laws. But because Gibson (or someone else like him) was working in his official capacity, he cannot be prosecuted under HIPAA. And because Gibson (or someone like him) was doing something not authorized by his employer, the hospital cannot be prosecuted under HIPAA.

The healthcare industry has been opposed to HIPAA from the beginning, because it puts constraints on their business in the name of security and privacy. This ruling comes after intense lobbying by the industry at the Department of Heath and Human Services and the Justice Department, and is the result of an HHS request for an opinion.

From Swire’s analysis the Justice Department ruling.

For a law professor who teaches statutory interpretation, the OLC opinion is terribly frustrating to read. The opinion reads like a brief for one side of an argument. Even worse, it reads like a brief that knows it has the losing side but has to come out with a predetermined answer.

I’ve been to my share of HIPAA security conferences. To the extent that big health is following the HIPAA law—and to a large extent, they’re waiting to see how it’s enforced—they are doing so because of the criminal penalties. They know that the civil penalties aren’t that large, and are a cost of doing business. But the criminal penalties were real. Now that they’re gone, the pressure on big health to protect patient privacy is greatly diminished.

Again Swire:

The simplest explanation for the bad OLC opinion is politics. Parts of the health care industry lobbied hard to cancel HIPAA in 2001. When President Bush decided to keep the privacy rule—quite possibly based on his sincere personal views—the industry efforts shifted direction. Industry pressure has stopped HHS from bringing a single civil case out of the 13,000 complaints. Now, after a U.S. Attorney’s office had the initiative to prosecute Mr. Gibson, senior officials in Washington have clamped down on criminal enforcement. The participation of senior political officials in the interpretation of a statute, rather than relying on staff attorneys, makes this political theory even more convincing.

This kind of thing is bigger than the security of the healthcare data of Americans. Our administration is trying to collect more data in its attempt to fight terrorism. Part of that is convincing people—both Americans and foreigners—that this data will be protected. When we gut privacy protections because they might inconvenience business, we’re telling the world that privacy isn’t one of our core concerns.

If the administration doesn’t believe that we need to follow its medical data privacy rules, what makes you think they’re following the FISA rules?

Posted on June 7, 2005 at 12:15 PM • View Comments

Identity-Theft Humor

From The Onion:

Arizona Man Steals Bush’s Identity, Vetoes Bill, Meets with Mexican President

WASHINGTON, DC—Confusion and disbelief reigned at the White House after President Bush announced Monday that an Arizona man, known to authorities only as H4xX0r1337, stole his identity and used it to buy electronic goods, veto a bill, and meet with Mexican President Vicente Fox.

“This is incredibly frustrating,” Bush told reporters Tuesday. “Not only does this guy have my credit-card information, he has my Social Security number, all my personal information, and the launch codes for a number of ballistic intercontinental nuclear missiles. I almost don’t want to think about it.”

For those readers who don’t know, The Onion publishes fake funny news items.

Posted on May 13, 2005 at 4:39 PM • View Comments

Phishing and Identity Theft

I’ve already written about identity theft, and have said that the real problem is fraudulent transactions. This essay says much the same thing:

So, say your bank uses a username and password to login to your account. Conventional wisdom (?) says that you need to prevent the bad guys from stealing your username and password, right? WRONG! What you are trying to prevent is the bad guys STEALING YOUR MONEY. This distinction is very important. If you have an account with $0 dollars in it, which you never use, what does it matter if someone knows the access details? Your username and password are only valuable insofar as the bank allows anyone who knows them to take your money. And therein lies the REAL problem. The bank is too lazy (or incompetent) to do what Bruce Schneier describes as “authenticate the transaction, not the person”. While it is incredibly difficult to prevent the bad guys from stealing access credentials (especially with browsers like Internet Explorer around), it is actually much simpler to prevent your money disappearing off to some foreign country….

When something goes wrong, the bank will tell you that you “authorised” the transaction, where in fact the party who ultimately “authorised” it is the bank, based on the information they chose to take as evidence that this transaction is the genuine desire of a legitimate customer.

The essay provides some recommendations as well.

  • Restrict IP addresses outside Australia
  • Restrict odd times of day (or at least be more vigilant)
  • Set cookies to identify machines
  • Record IP usually used
  • Record times of day usually accessed
  • Record days of week/month
  • Send emails when suspicious activity is detected
  • Lock accounts when fraud is suspected
  • Introduce a delay in transfers out—for suspicious amounts, longer
  • Make care proportional to risk
  • Define risk relative to customer, not bank

These are good ideas, but need more refinement in the specifics. But they’re a great start, and banks would do well to pay attention to them.

Posted on May 10, 2005 at 4:24 PM • View Comments

REAL ID

The United States is getting a national ID card. The REAL ID Act (text of the bill and the Congressional Research Services analysis of the bill) establishes uniform standards for state driver’s licenses, effectively creating a national ID card. It’s a bad idea, and is going to make us all less safe. It’s also very expensive. And it’s all happening without any serious debate in Congress.

I’ve already written about national IDs. I’ve written about the fallacies of identification as a security tool. I’m not going to repeat myself here, and I urge everyone who is interested to read those two essays (and even this older essay). A national ID is a lousy security trade-off, and everyone needs to understand why.

Aside from those generalities, there are specifics about REAL ID that make for bad security.

The REAL ID Act requires driver’s licenses to include a “common machine-readable technology.” This will, of course, make identity theft easier. Assume that this information will be collected by bars and other businesses, and that it will be resold to companies like ChoicePoint and Acxiom. It actually doesn’t matter how well the states and federal government protect the data on driver’s licenses, as there will be parallel commercial databases with the same information.

Even worse, the same specification for RFID chips embedded in passports includes details about embedding RFID chips in driver’s licenses. I expect the federal government will require states to do this, with all of the associated security problems (e.g., surreptitious access).

REAL ID requires that driver’s licenses contain actual addresses, and no post office boxes. There are no exceptions made for judges or police—even undercover police officers. This seems like a major unnecessary security risk.

REAL ID also prohibits states from issuing driver’s licenses to illegal aliens. This makes no sense, and will only result in these illegal aliens driving without licenses—which isn’t going to help anyone’s security. (This is an interesting insecurity, and is a direct result of trying to take a document that is a specific permission to drive an automobile, and turning it into a general identification device.)

REAL ID is expensive. It’s an unfunded mandate: the federal government is forcing the states to spend their own money to comply with the act. I’ve seen estimates that the cost to the states of complying with REAL ID will be $120 million. That’s $120 million that can’t be spent on actual security.

And the wackiest thing is that none of this is required. In October 2004, the Intelligence Reform and Terrorism Prevention Act of 2004 was signed into law. That law included stronger security measures for driver’s licenses, the security measures recommended by the 9/11 Commission Report. That’s already done. It’s already law.

REAL ID goes way beyond that. It’s a huge power-grab by the federal government over the states’ systems for issuing driver’s licenses.

REAL ID doesn’t go into effect until three years after it becomes law, but I expect things to be much worse by then. One of my fears is that this new uniform driver’s license will bring a new level of “show me your papers” checks by the government. Already you can’t fly without an ID, even though no one has ever explained how that ID check makes airplane terrorism any harder. I have previously written about Secure Flight, another lousy security system that tries to match airline passengers against terrorist watch lists. I’ve already heard rumblings about requiring states to check identities against “government databases” before issuing driver’s licenses. I’m sure Secure Flight will be used for cruise ships, trains, and possibly even subways. Combine REAL ID with Secure Flight and you have an unprecedented system for broad surveillance of the population.

Is there anyone who would feel safer under this kind of police state?

Americans overwhelmingly reject national IDs in general, and there’s an enormous amount of opposition to the REAL ID Act. This is from the EPIC page on REAL ID and National IDs:

More than 600 organizations have expressed opposition to the Real ID Act. Only two groups—Coalition for a Secure Driver’s License and Numbers USA—support the controversial national ID plan. Organizations such as the American Association of Motor Vehicle Administrators, National Association of Evangelicals, American Library Association, Association for Computing Machinery (pdf), National Council of State Legislatures, American Immigration Lawyers Association (pdf), and National Governors Association are among those against the legislation.

And this site is trying to coordinate individual action against the REAL ID Act, although time is running short. It’s already passed in the House, and the Senate votes tomorrow.

If you haven’t heard much about REAL ID in the newspapers, that’s not an accident. The politics of REAL ID is almost surreal. It was voted down last fall, but has been reintroduced and attached to legislation that funds military actions in Iraq. This is a “must-pass” piece of legislation, which means that there has been no debate on REAL ID. No hearings, no debates in committees, no debates on the floor. Nothing.

Near as I can tell, this whole thing is being pushed by Wisconsin Rep. Sensenbrenner primarily as an anti-immigration measure. The huge insecurities this will cause to everyone else in the United States seem to be collateral damage.

Unfortunately, I think this is a done deal. The legislation REAL ID is attached to must pass, and it will pass. Which means REAL ID will become law. But it can be fought in other ways: via funding, in the courts, etc. Those seriously interested in this issue are invited to attend an EPIC-sponsored event in Washington, DC, on the topic on June 6th. I’ll be there.

Posted on May 9, 2005 at 9:06 AM •

State-Sponsored Identity Theft

In an Ohio sting operation at a strip bar, a 22-year-old student intern with the United States Marshals Service was given a fake identity so she could work undercover at the club. But instead of giving her a fabricated identity, the police gave her the identity of another woman living in another Ohio city. And they didn’t tell the other woman.

Oddly enough, this is legal. According to Ohio’s identity theft law, the police are allowed to do it. More specifically, the crime cannot be prosecuted if:

The person or entity using the personal identifying information is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using the personal identifying information in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter.

I have to admit that I’m stunned. I naively assumed that the police would have a list of Social Security numbers that would never be given to real people, numbers that could be used for purposes such as this. Or at least that they would use identities of people from other parts of the country after asking for permission. (I’m sure people would volunteer to help out the police.) It never occurred to me that they would steal the identity of random citizens. What could they be thinking?

Posted on April 18, 2005 at 3:02 PM • View Comments

Mitigating Identity Theft

Identity theft is the new crime of the information age. A criminal collects enough personal data on someone to impersonate a victim to banks, credit card companies, and other financial institutions. Then he racks up debt in the person’s name, collects the cash, and disappears. The victim is left holding the bag. While some of the losses are absorbed by financial institutions—credit card companies in particular—the credit-rating damage is borne by the victim. It can take years for the victim to clear his name.

Unfortunately, the solutions being proposed in Congress won’t help. To see why, we need to start with the basics. The very term “identity theft” is an oxymoron. Identity is not a possession that can be acquired or lost; it’s not a thing at all. Someone’s identity is the one thing about a person that cannot be stolen.

The real crime here is fraud; more specifically, impersonation leading to fraud. Impersonation is an ancient crime, but the rise of information-based credentials gives it a modern spin. A criminal impersonates a victim online and steals money from his account. He impersonates a victim in order to deceive financial institutions into granting credit to the criminal in the victim’s name. He impersonates a victim to the Post Office and gets the victim’s address changed. He impersonates a victim in order to fool the police into arresting the wrong man. No one’s identity is stolen; identity information is being misused to commit fraud.

The crime involves two very separate issues. The first is the privacy of personal data. Personal privacy is important for many reasons, one of which is impersonation and fraud. As more information about us is collected, correlated, and sold, it becomes easier for criminals to get their hands on the data they need to commit fraud. This is what’s been in the news recently: ChoicePoint, LexisNexis, Bank of America, and so on. But data privacy is more than just fraud. Whether it is the books we take out of the library, the websites we visit, or the contents of our text messages, most of us have personal data on third-party computers that we don’t want made public. The posting of Paris Hilton’s phone book on the Internet is a celebrity example of this.

The second issue is the ease with which a criminal can use personal data to commit fraud. It doesn’t take much personal information to apply for a credit card in someone else’s name. It doesn’t take much to submit fraudulent bank transactions in someone else’s name. It’s surprisingly easy to get an identification card in someone else’s name. Our current culture, where identity is verified simply and sloppily, makes it easier for a criminal to impersonate his victim.

Proposed fixes tend to concentrate on the first issue—making personal data harder to steal—whereas the real problem is the second. If we’re ever going to manage the risks and effects of electronic impersonation, we must concentrate on preventing and detecting fraudulent transactions.

Fraudulent transactions have nothing to do with the legitimate account holders. Criminals impersonate legitimate users to financial intuitions. That means that any solution can’t involve the account holders. That leaves only one reasonable answer: financial intuitions need to be liable for fraudulent transactions. They need to be liable for sending erroneous information to credit bureaus based on fraudulent transactions.

They can’t claim that the user must keep his password secure or his machine virus free. They can’t require the user to monitor his accounts for fraudulent activity, or his credit reports for fraudulently obtained credit cards. Those aren’t reasonable requirements for most users. The bank must be made responsible, regardless of what the user does.

If you think this won’t work, look at credit cards. Credit card companies are liable for all but the first $50 of fraudulent transactions. They’re not hurting for business; and they’re not drowning in fraud, either. They’ve developed and fielded an array of security technologies designed to detect and prevent fraudulent transactions. They’ve pushed most of the actual costs onto the merchants. And almost no security centers around trying to authenticate the cardholder.

That’s an important lesson. Identity theft solutions focus much too much on authenticating the person. Whether it’s two-factor authentication, ID cards, biometrics, or whatever, there’s a widespread myth that authenticating the person is the way to prevent these crimes. But once you understand that the problem is fraudulent transactions, you quickly realize that authenticating the person isn’t the way to proceed.

Again, think about credit cards. Store clerks barely verify signatures when people use cards. People can use credit cards to buy things by mail, phone, or Internet, where no one verifies the signature or even that you have possession of the card. Even worse, no credit card company mandates secure storage requirements for credit cards. They don’t demand that cardholders secure their wallets in any particular way. Credit card companies simply don’t worry about verifying the cardholder or putting requirements on what he does. They concentrate on verifying the transaction.

This same sort of thinking needs to be applied to other areas where criminals use impersonation to commit fraud. I don’t know what the final solutions will look like, but I do know that once financial institutions are liable for losses due to these types of fraud, they will find solutions. Maybe there’ll be a daily withdrawal limit, like there is on ATMs. Maybe large transactions will be delayed for a period of time, or will require a call-back from the bank or brokerage company. Maybe people will no longer be able to open a credit card account by simply filling out a bunch of information on a form. Likely the solution will be a combination of solutions that reduces fraudulent transactions to a manageable level, but we’ll never know until the financial institutions have the financial incentive to put them in place.

Right now, the economic incentives result in financial institutions that are so eager to allow transactions—new credit cards, cash transfers, whatever—that they’re not paying enough attention to fraudulent transactions. They’ve pushed the costs for fraud onto the merchants. But if they’re liable for losses and damages to legitimate users, they’ll pay more attention. And they’ll mitigate the risks. Security can do all sorts of things, once the economic incentives to apply them are there.

By focusing on the fraudulent use of personal data, I do not mean to minimize the harm caused by third-party data and violations of privacy. I believe that the U.S. would be well-served by a comprehensive Data Protection Act like the European Union. However, I do not believe that a law of this type would significantly reduce the risk of fraudulent impersonation. To mitigate that risk, we need to concentrate on detecting and preventing fraudulent transactions. We need to make the entity that is in the best position to mitigate the risk to be responsible for that risk. And that means making the financial institutions liable for fraudulent transactions.

Doing anything less simply won’t work.

Posted on April 15, 2005 at 9:17 AM • View Comments

More on Two-Factor Authentication

Recently I published an essay arguing that two-factor authentication is an ineffective defense against identity theft. For example, issuing tokens to online banking customers won’t reduce fraud, because new attack techniques simply ignore the countermeasure. Unfortunately, some took my essay as a condemnation of two-factor authentication in general. This is not true. It’s simply a matter of understanding the threats and the attacks.

Passwords just don’t work anymore. As computers have gotten faster, password guessing has gotten easier. Ever-more-complicated passwords are required to evade password-guessing software. At the same time, there’s an upper limit to how complex a password users can be expected to remember. About five years ago, these two lines crossed: It is no longer reasonable to expect users to have passwords that can’t be guessed. For anything that requires reasonable security, the era of passwords is over.

Two-factor authentication solves this problem. It works against passive attacks: eavesdropping and password guessing. It protects against users choosing weak passwords, telling their passwords to their colleagues or writing their passwords on pieces of paper taped to their monitors. For an organization trying to improve access control for its employees, two-factor authentication is a great idea. Microsoft is integrating two-factor authentication into its operating system, another great idea.

What two-factor authentication won’t do is prevent identity theft and fraud. It’ll prevent certain tactics of identity theft and fraud, but criminals simply will switch tactics. We’re already seeing fraud tactics that completely ignore two-factor authentication. As banks roll out two-factor authentication, criminals simply will switch to these new tactics.

Security is always an arms race, and you could argue that this situation is simply the cost of treading water. The problem with this reasoning is it ignores countermeasures that permanently reduce fraud. By concentrating on authenticating the individual rather than authenticating the transaction, banks are forced to defend against criminal tactics rather than the crime itself.

Credit cards are a perfect example. Notice how little attention is paid to cardholder authentication. Clerks barely check signatures. People use their cards over the phone and on the Internet, where the card’s existence isn’t even verified. The credit card companies spend their security dollar authenticating the transaction, not the cardholder.

Two-factor authentication is a long-overdue solution to the problem of passwords. I welcome its increasing popularity, but identity theft and bank fraud are not results of password problems; they stem from poorly authenticated transactions. The sooner people realize that, the sooner they’ll stop advocating stronger authentication measures and the sooner security will actually improve.

This essay previously appeared in Network World as a “Face Off.” Joe Uniejewski of RSA Security wrote an opposing position. Another article on the subject was published at SearchSecurity.com.

One way to think about this—a phrasing I didn’t think about until after writing the above essay—is that two-factor authentication solves security problems involving authentication. The current wave of attacks against financial systems are not exploiting vulnerabilities in the authentication system, so two-factor authentication doesn’t help.

Posted on April 12, 2005 at 11:02 AM • View Comments

ChoicePoint Feeling the Heat

AP says:

An executive of embattled data broker ChoicePoint Inc. says the company is developing a system that would allow people
to review their personal information that is sold to law enforcement agencies, employers, landlords and businesses. ChoicePoint’s announcement comes a month after it disclosed
that thieves used previously stolen identities to create what appeared to be legitimate businesses seeking personal
records.

Posted on April 2, 2005 at 9:09 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.