[email protected] (Scott Ford) writes:
> Very true..but still I think Yahoo has a responsibility to their customers

We were tangentially involved in the cal. data breach notification act
(the "original" notification act) having been brought in to help
wordsmith the cal. electornic signature act.

several of the participants were involved in privacy issues and had done
extensive surveys. the #1 issue from the surveys, was identity theft,
primarily the form involving account fraud (fraudulent financial
transactions) primarily as result of data breaches. There seemed to be
little or nothing being done about the problem and there was some hope
that the publicity from the notifications would motivate
countermeasures. The issue was security measures are usually taken for
self-protection, the problem was that the institutions with the data
breaches had little at risk ... it was their clients/customers that were
suffering the fraud ... and so they had no motivation to take corrective
action. Since then the proposed federal legislation has been about
evenly divided between requirements similar to the original cal. bill
and those that eliminates most requirements for notifications (sometimes
disguised by requiring that breach involve multiple different kinds of
personal information that doesn't occur in the real world).

The same organizations were in the process of doing a Cal. "opt-in"
privacy bill (institutions can only share personal information when
authorized by individual). GLBA is better known for repeal of
"Glass-Steagall". However the rhetoric on the floor of congress was that
the primary purpose of GLBA was to allow those with bank charters to
keep them, but prevent anybody else from getting bank charters
(eliminate competition). However, another provision in GLBA was
"opt-out" privacy sharing (institutions can share personal information
unless they have record of individual objecting; federal preemption of
state laws). At 2004 annual privacy conference in DC during panel with
FTC commissioners, an individual asked from the floor if the FTC was
going to do anything about "opt-out". They said they were involved with
most of the major financial call-centers and none of the "opt-out" call
lines were equipped to record any information from "opt-out" calls (so
the institutions could claim they could share since there was no record
of objections).

The major motivation for cyberattacks and breaches has been being able
to use stolen account info for fraudulent financial transactions. A
problem is the business process is severely misaligned.

The value of the information to the merchant is profit on the
transaction (possibly couple dollars; for transaction processor possibly
a few cents). The value of the information to the crook is the account
balance and/or credit limit. As a result the attackers may be able to
outspend by a factor of 100 times (what the defenders can afford to
spend on security measures).

The account information is also required in dozens of business processes
at millions of locations on the planet. At the same time the threat of
fraudulent transactions requires that the account information is kept
confidential and never divulged. We've claimed that with the
diametrically opposing requirements, even if the planet was buried under
miles of information hiding encryption, it still wouldn't be able to
stop information leakage.

In the past, the merchants have been told that a large part of the
interchange fee (value subtracted from amount received by merchants) has
been tightly tied to the respective fraud rates ... resulting in studies
that financial infrastructure makes a large profit from fraudulent
transactions ... eliminating any motivation to change the paradigm and
correctly aligned the business process to eliminate fraud. Futhermore,
crooks would likely move attacks to the next lowest hanging part of the
financial infrastructure (which doesn't involve merchants; no
justification to charge hefty profit fee whenever there are fraudulent
losses).

-- 
virtualization experience starting Jan1968, online at home since Mar1970

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