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AlertBoot offers a cloud-based full disk encryption and mobile device security service for companies of any size who want a scalable and easy-to-deploy solution. Centrally managed through a web based console, AlertBoot offers mobile device management, mobile antivirus, remote wipe & lock, device auditing, USB drive and hard disk encryption managed services.

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AlertBoot offers a cloud-based full disk encryption and mobile device security service for companies of any size who want a scalable and easy-to-deploy solution. Centrally managed through a web based console, AlertBoot offers mobile device management, mobile antivirus, remote wipe & lock, device auditing, USB drive and hard disk encryption managed services.
  • US Court Says Border Searches Require "Suspicion"

    As many travellers may know, people at US borders are subject to an altered set of laws due to the fact that… well, a border is a border. This includes "pseudo-borders" like airports that may be located well within US soil. The most obvious alteration is the seeming suspension of the Fourth Amendment, the Constitutional law that covers one's right against search and seizure.
    Last week, the media was slightly abuzz over a decision by the Fourth Circuit Court of Appeals in Virginia. The appeals court, many news sites mentioned, confirmed that US border authorities cannot search a traveller's cellphone contents without a warrant. Other sites, more law-oriented than general news sites, correctly noted that the court confirmed that phones cannot be searched without a reason (also referred to as cause or suspicion).
    The decision appears to be more nuanced than that, actually. At the border, the government is not bound to the same level of Fourth Amendment oversight as elsewhere in the US – which is why they're already able to go through your luggage for absolutely no reason whatsoever.
    Not only that, they're also able to go through you laptops, USB flash drives (the government has dogs that can sniff out electronics in your luggage), and your smartphones. And when it comes to the last one, they can poke, swipe, and press through it or even do a forensic analysis – all of it without a warrant.  

    What's a Manual Search and a Forensic Search?

    The difference between a manual and forensic search of your smartphone (or your laptop) is in whether a device for rummaging through your digital files was doing the searching. If a Customs and Border Patrol (CBP) agent looks through a phone's contents, not unlike what an average guy would do if he found a smartphone just lying on the street, that's a manual search.
    A forensic search usually requires the use of a separate computer or similar device to analyze your smartphone's files: it might go through all of your pictures, videos, emails, texts, apps, GPS data, etc. and analyze file names, file sizes, the existence of hidden files, possibly run facial recognition similar to what Facebook uses for tagging photographs, etc.
    (There is also, apparently, something that is considered to be a "deep forensic examination," although it's not detailed how it differs from a regular forensic search).
    A manual search is considered to be "routine," just like going through your luggage. A forensic search is "nonroutine." That is, you've got to have a reason for doing it. Among examples of nonroutine searches at borders, courtesy of the Appeals Court:
    overnight detention [of a suspect] for monitored bowel movement followed by rectal examination is "beyond the scope of a routine customs search" and permissible … only with reasonable suspicion [, which is the basis for nonroutine searches].
    If you're wondering why the government is detaining people to monitor their caca, it's because it involves a case where a person was suspected of being a drug mule. Notice how the word "warrant" does not show up anywhere. That's because a warrant is not necessary at the border. Whereas a warrant would probably be required in normal circumstances to carry forth what's quoted above, at US borders the government only requires "reasonable suspicion." What exactly is that, you may wonder. Per Wikipedia:
    reasonable suspicion is a legal standard of proof in United States law that is less than probable cause … but more than an "inchoate and unparticularized suspicion or 'hunch'"; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual.
    Probable cause, emphasized above, is the basis for obtaining a search warrant. At a border, you don't need probable cause; all you need is its more relaxed, less strict and chill brother – reasonable suspicion. This includes, according to the Fourth Circuit Court of Appeals, instances where the CBP wants to perform a forensic examination of your smartphone. In short, the Appeals Court confirmed that:
    • Forensic searches of phones are allowed at borders as long as authorities can validate their suspicion. This does not mean that they need a warrant. But, it does mean that they must have reason to believe that criminal activity is ongoing.
    • The Fourth Amendment gets suspended at borders.
    We already knew this. So, why all the hubbub? Because it's indicative that things could change at the border.  

    The Application of Riley

    This latest judgment is one of the handful of court decisions that declare that there is a limit to what border agents can do when searching through your devices' data. It is a reflection of US vs. Riley, where the Supreme Court ruled, in 2014, that a warrant is required to go through a phone's data. There are exceptions, of course, in exigent cases. But otherwise, a warrant is required, even if a police officer is merely conducting a manual search (and this applies to flip phones as well as smartphones). This ruling went counter to how police had operated, viewing the search of a detained person's phone as no different from a physical pat-down.
    Since then, the courts have been trying to decide whether Riley applies at borders and, if so, to what extent. Per aclu.org:
    Courts across the country have been struggling with how to apply the Fourth Amendment in this context, in an era when tens of thousands of people are subjected to searches of their electronic devices at the border each year. Today’s ruling from the Fourth Circuit joins an earlier decision from the Ninth Circuit Court of Appeals requiring at least reasonable suspicion for forensic searches of electronic devices seized at the border. In March, two judges on the Eleventh Circuit concluded that such searches should be treated the same as searches of physical luggage, which don’t require a warrant, while a third judge dissented, arguing for a warrant requirement. Earlier that month, a Fifth Circuit judge expressed strong skepticism that the traditional rationales for warrantless border searches should be extended to searches of electronic devices, but that court declined to set a rule.
    As you can see from the above summary, the issue is a contentious one. But if we were to make some projections based on what's happened so far, and what we know so far, it would appear that Riley cannot, and won't, be instituted exactly as it is at borders.
    As already noted, the law operates differently at the border just because it happens to be the border. A warrant has never been required at the border. That's over two hundred years of precedence. The counterargument goes that, well, we've never had the ability to carry through a border what constitutes the entire private contents that are found in your house (medical files, photo albums, correspondence, diary, etc) and then some.
    Sure.
    But just like invasion of privacy is greatly suspended at the border (honestly, how many people would say searching through a smartphone is more of an invasion than having one's bowel movements monitored and followed by a cavity inspection? Mind you, it has happened and was found legal by the courts), you can expect the courts to dilute the Riley findings when it comes to transnational crossings.  
     
    Related Articles and Sites:
    https://www.aclu.org/blog/privacy-technology/privacy-borders-and-checkpoints/another-federal-court-rules-fourth-amendment
    https://www.theguardian.com/world/2018/may/09/us-border-cell-phone-searches-cant-without-reason-crime-court-ruling
    https://www.eff.org/deeplinks/2018/05/fourth-circuit-rules-suspicionless-forensic-searches-electronic-devices-border-are
    https://en.wikipedia.org/wiki/Reasonable_suspicion
     
  • Yahoo (ie, Altaba) Settles Two Lawsuits Tied To Huge Data Breach

    Last week, Yahoo (now reborn as Altaba after Verizon's acquisition) announced a settlement with the SEC over misleading investors regarding the biggest data breach in known history. The crime: not revealing it in a timely manner. It was one of the many lawsuits the company is fighting currently as a result of the data breach.
    The final settlement is for $35 million.
    Before that, in March, the company also settled a lawsuit for $80 million. As noted by biglawbusiness.com, that would be the first instance of a security fraud lawsuit tied to a data breach that was successfully won by plaintiffs.  

    The Tides are Not Turning

    Over the past ten years (or possibly longer), most if not all lawsuits revolving around a data breach were tossed out of courts for not having "standing." That is, it couldn't be shown that a data breach was directly tied to a harm… if there was any harm at all. So, the cases were tossed out of court.
    For example, nearly all courts ruled that having your personal information stolen in of itself was not an actual harm. So, if you were suing a company merely because they were hacked and your information was stolen, forget about it. No standing.
    (Call the same information a client list, and switch a company's status from defendant to plaintiff, though, and suddenly it has value and hence standing in court. The prosecution of client list theft is quite the business in legal circles. The irony).
    Returning to the topic at had, even if you were eventually harmed per the courts' definition – due to identity theft, phishing attempts, etc. – data breach victims still couldn't see their day in court because the link between the data breach and their being victimized is tenuous. With so many companies losing personal information left and right, it's virtually impossible to show that your personal torments are tied to a particular data breach.
    So, these latest legal results seem to indicate, if certain headlines are to be believed, that companies are sensing that the courts will change their stance. But that's not the case at all.  

    $350 Million

    After learning of the data breach, Verizon knocked off $350 million from the original acquisition offer for Yahoo. This means that shareholders of Yahoo stock received, as a group, $350 million less than they could have. That's not chump change.
    As a result, it could be argued, and it has, that the data breach was material information that could affect a stock's market price, and that it was not revealed in a timely fashion.
    Not revealing pertinent information in a timely fashion is illegal for companies listed in stock markets. It is this illegality that the courts would have ruled on. Yahoo/Altaba, knowing they were licked, offered a settlement in both cases. So, what you're seeing here is not a watershed moment but more of the same.
    If we were to look for a silver-lining, maybe it's that companies now know how bad things can get if they don't go public over a massive data breach within a reasonable amount of time. Do it fast enough and all you have to deal with is a bunch of lawsuits that won't go anywhere. Delay and hide, and you get the same plus lawsuits that will cost you big.  
     
    Related Articles and Sites:
    https://www.databreaches.net/altaba-formerly-known-as-yahoo-charged-with-failing-to-disclose-massive-cybersecurity-breach-agrees-to-pay-35-million/
    https://biglawbusiness.com/yahoo-agrees-to-pay-80m-to-settle-securities-fraud-suit/
     
  • Florida Government Hard Drives Stolen For Games

    Many, if not most, data security professionals will tell you that you should run a risk assessment and accordingly develop your plans for securing information, sensitive or otherwise. Then there are others who will counsel that one should secure as much as possible: obviously protect what represents a high risk situation, but never discount the possibilities of what seems like a low or no-risk situation blowing up beyond expectations.
    The idea is that dealing with the legal, financial, and public relations fallout of a data breach are comparable regardless of the initial risk classification.
    For example, one might recommend that disk encryption be deployed to all computers – not just laptops – because it's never guaranteed that a desktop computer won't be leaving a business's premises in an unapproved manner. There is history to back this up: burglaries; theft or loss of computers that have fallen into disuse and put into "temporary" storage; computers where information was inadequately scrubbed (or not at all) before being retired; etc., have been reported in the media over the years.
    The motives behind such data breaches are as varied as the data breaches themselves. Some people may be after the data. Others may want to replace their aging computer back home. Yet others may be looking to flip the hardware on craigslist. And, of course, there is the time-honored, ever-surging, never-can-kill-it "oops" situation.
    And then you have the guy who really, really wants to play Xbox.  

    Custodian Swipes Hard Drives

    According to wtxl.com and other sources, a Florida man was arrested for stealing hard drives from the Florida Department of Revenue. The hard drives contained taxpayer information and their disappearance, needless to say, triggered a data breach.
    A swift investigation led to one Andru Reed, a 21 year-old who eventually admitted to the theft. Reed confessed that he had stolen four hard drives so that he could connect them to his Xbox and download video games. Law enforcement is still conducting data forensics to sniff out any conflicts in Reed's story, but they're pretty certain that the taxpayer data was never accessed.
    How was Reed able to steal these hard drives? Pretty easily. He was a custodian who was working the premises. So, he didn't have to "Mission Impossible" himself into the offices. He just walked in. Furthermore, the four hard drives in question were external hard drives. All he had to do was pick them up, ideally when no one was watching (which he bungled, apparently. When the police started the investigation, employees in the office mentioned seeing Reed acting suspiciously).  

    Encrypted or Not?

    As noted before, there are competing schools of thought when it comes to data security. The loss or theft of external hard drives can be deemed a low data risk situation if they never leave a secure area.
    That's a big if, though. Security breaches where employees or outside contractors purposefully steal sensitive data, usually to sell to legal and illegal data brokers, are not unusual. So, did the Florida Department of Revenue (FDR) encrypt these hard drives or not?
    We don't know. The March 27 statement from the FDR is pretty nebulous:
    At this time, we are taking all necessary precautions to review the established physical and digital internal security procedures to ensure uniform implementation across the Department. If after the full investigation it is found that any employee did not take the proper steps to protect taxpayer information they will be held accountable. [floridarevenue.com]
    And then on April 17:
    Through the details presented, we are confident that the information on the drives was not accessed. As a result of the Department of Revenue’s thorough processes and procedures to monitor and maintain equipment, we were able to rapidly identify and report the property missing. [floridarevenue.com]
    Florida, like most US states, has a data breach notification law. It states that notifications to individuals must be made no later than 30 days after the breach has been identified. If encryption was not used on any of the four storage devices, it will be known before the month is over. (That the drives were recovered does not negate that a breach took place).
    For the time being, for speculation purposes, all signs appear to point towards encryption not being used: the public announcement, which is required by law; the weeks-long digital forensics (it really shouldn't be taking that long with encryption in place); and the lack of the word encryption in any materials covering the case (it's usually mentioned if it was present).
    On the other hand, the words "data breach" are not linked to this situation in any form whatsoever. The fact that the theft and the recovery have been dealt with by the media without alluding to a data breach is unusual, and reason enough to wonder whether the external hard drives were secured correctly after all.  
     
    Related Articles and Sites:
    https://gizmodo.com/florida-cops-missing-hard-drives-with-taxpayer-info-we-1825352653
    http://www.tampabay.com/florida-politics/buzz/2018/04/17/missing-revenue-department-hard-drives-found-suspect-arrested/
    http://www.wtxl.com/news/fdle-tallahassee-man-charged-for-intellectual-property-computer-crimes/article_056c9876-427b-11e8-acf9-f74cf555c91a.html
    http://floridarevenue.com/Pages/media.aspx
     
  • Panera Data Breach: Further Proof That People Need Strong Data Security Laws

    Panera Bread has a public relations fiasco on its hands. It has embroiled itself in one of the most tragicomic data breaches the world has seen in a while, a breach that could have been easily avoided.

    Dylan Houlihan, the finder and eventual whistleblower of the security issue, has created a post providing the authoritative breakdown of what happened and when. But, the story can be summarized thus:

    • Dylan finds a security issue – the leaking of customers' personal information – at Panera's website and contacts the company.
    • Panera eventually acknowledges the issue and promises a fix.
    • Eight months later, with no fix, Dylan reaches out to someone who can effect change via public pressure.
    • Panera fixes the problem within hours of being contacted by Brian Krebs, the security blogger at krebsonsecurity.com.
    • Further poking around shows that Panera didn't really fix anything. Furthermore, the poking around shows that the same problem exists in various places across Panera's online presence.
    • This finding blows holes into Panera's public announcement that they "take data security issues seriously."
    • Panera takes down their entire online presence, which is still down 48 hours after the entire fiasco first made news.

    Of course, one of the bigger questions is, if Panera was really able to fix the thing in two hours, what was it doing dragging its butt for eight months? In hindsight, it's obvious that they couldn't and didn't. And, seeing how 48 hours after the story broke, panerabread.com's homepage is showing essentially a 404 page, we can strongly presume that they still don't have a handle on the problem.

    Which further leads one to believe that they didn't spend the past eight months trying to fix the problem at all.  

    What Does the Panera Bread Fiasco Show Us?

    Panera's actions are, unfortunately, not an exception to the rule. Certainly, there are plenty of companies that have tried to do right by their customers, either because they feel it's their duty or because it's the law, or some combination of the two.

    Then we have the companies like Equifax, Yahoo, Facebook, and others that offer some canned words about taking data security seriously…but an investigation shows otherwise. Panera looks like it might be joining this disgraced group. (While Facebook is promising change – and by the looks of recent events, they may mean it – it's still fair to lump them in this category because the internet giant has a history).

    The fact that some of the biggest, most powerful companies in the US (possibly in the world) are acting in this manner proves that the US needs strong data privacy laws. Now, some may point out that we only get to hear of the companies that failed in securing their data; thus, it makes it "seem" as if most companies are not doing anything to secure data, but that's far from the case.

    However, that the companies with the money to do something are caught being cavalier about data security issues can only give weight to the thought that those with less money are probably doing even less security-wise… or, at least, not the most they could be doing. And even if this is not the case, it wouldn't be wrong to assume that current data security laws had a strong hand in ensuring, ah, shall we say not-so-reprehensible? responses.

    Like fixing obvious data security problems, going public with the breach, offering credit monitoring – all things that are codified in state laws (although not all states have identical laws).

    Don't hold your breath on those stronger data security laws, though.

    Recently, thirty-two state Attorneys General sent a letter to Congress noting that the proposed federal "Data Acquisition and Technology Accountability and Security Act" replaces stronger state-level privacy laws. And, as they point out, this would essentially give companies like Equifax a slap on the wrist if they experience data breaches.

     

    Related Articles and Sites:

    https://medium.com/@djhoulihan/no-panera-bread-doesnt-take-security-seriously-bf078027f815
    https://krebsonsecurity.com/2018/04/panerabread-com-leaks-millions-of-customer-records/
    https://uspirg.org/blogs/blog/usp/32-state-attorneys-general-congress-dont-replace-our-stronger-privacy-laws
    https://www.theverge.com/2018/4/4/17200034/facebook-broke-tinder-down-privacy-api-fixes

     

     
  • Australia's Notifiable Data Breaches Law Nets 31 Reports In 3 Weeks

    A new Australian law appears to be succeeding in finally unveiling the current state of data breaches in the Land Down Under. According to a release by the country's information commissioner's office (the OAIC), thirty-one data breaches were reported to the government since the law took effect on February 22, 2018.

    Notifiable Data Breach

    Australia's Notifiable Data Breach (NDB) scheme, which makes mandatory the reporting of data breaches to the government, was a long time coming. While Australia already had data breach laws before the NDB, going public with a breach was a voluntary act. Obviously, that was never going to work. And the numbers prove it: in 2010, only 56 data breaches were reported. That roughly doubled by 2014, when 104 data breaches were reported.
    Obviously, these are comically tiny numbers when you consider that 20 million people live in Australia, and that more than 2 million companies were registered with the government in 2014 – 2015. The numbers would suggest that either (a) Australia's businesses are unusually top-notch when it comes to data security or (b) data theft and loss incidents were seriously underreported.
    Even today, with the latest revelation, a person tracking such incidents may feel that the numbers are a little low, possibly due to the public not being aware of their responsibilities under the new law, or because the OAIC has yet to show that it's willing to extend serious repercussions to non-abiders of the NDB.
    The USA, with its disparate set of laws and regulations regarding data breach notifications, has shown the effects of voluntary vs. mandatory, enforced vs. unenforced notifications. Such laws began to surface with California 15 years ago, and other states have passed their own versions, unwittingly leading to an experiment on what is effective. The conclusion: even when the law mandates going public with a data breach, many companies will not do so if repercussions for not doing it fail to really materialize.
    In addition, HIPAA / HITECH regulations covering the US medical sector showed that the fastest and surest way of ensuring that companies take notice of privacy and data security laws is to penalize companies, in monetary form, and publicize it.

    Turnover of $3 Million, A Couple of Conditions

    According to businessinsider.com, the new law applies to companies that have an annual turnover (aka, total sales or total revenue) of $3 million or more, with certain exceptions like APP entities that trade in personal information. In addition, the data breach to be reported must be:
    • Unauthorised access to or disclosure of personal information that could be used to harm an individual; and
    • Risk of unauthorised access or disclosure, in which case the information has been lost and is in danger of being used to harm an individual
    The same article quotes an expert who says that the new law may not really affect the behavior of businesses, seeing how:
    the Australian laws are still "less stringent and the penalties less severe than similar regimes in other jurisdictions".
    Considering how the law is worded, it's hard not to agree. For example, what does it mean that the data breach could "harm an individual"? There's too much room for interpretation there, even if the OAIC notes that "objective assessment… from the viewpoint of a reasonable person" should be used in making the determination.
    Thankfully, at least it's pointed out that the use of strong encryption provides safe harbor from the NDB, as encrypted data is safe from unauthorized access. Indeed, multiple examples are provided where the NDB exception is directly tied to encryption, underscoring the importance of encryption in safekeeping personal and private data.
     
    Related Articles and Sites:
    http://www.zdnet.com/article/oaic-received-31-notifications-in-the-first-three-weeks-of-data-breach-scheme/
    https://www.databreaches.net/oaic-received-31-notifications-in-the-first-three-weeks-of-data-breach-scheme/
    https://www.businessinsider.com.au/industry-leaders-share-their-thoughts-on-australias-new-notifiable-data-breach-scheme-2018-2
    https://www.businessinsider.com.au/data-breach-australia-new-laws-2018-2
     
  • Fresno State Hard Drive Stolen, 15000 Affected

    At least 15,000 California State University, Fresno "student athletes, sports-camp attendees, and Athletic Corporation employees" were affected by a data breach earlier in the year, according to kmph.com and other news sites. A hard drive, 18 laptops, and other items were reported missing on January 12 from the university's North Gym building. On the face of it, it seems that the device was not targeted in the theft which, based on the university's 2017 – 2018 academic calendar, appears to have been planned to coincide with Fresno's winter break period.  

    Data From 2003 Onwards

    In Fresno State's public data breach notification, the university notes that only 300 of the affected are "currently affiliated with the University," implying that most of the breached data involves former students, laypeople, and employees.
    The breached information includes:
    some personal information, including names, addresses, phone numbers, dates of birth, full or last four digits of Social Security numbers, credit card numbers, driver’s license numbers, passport numbers, user names and passwords, health-insurance numbers and personal health information.
    Considering the type of information that was being held – and how far back it went: 15 years – it's hard to understand why this external drive, which was used as a backup device, was not protected with encryption. Why wasn't it?
    Possibly, the (roundabout) answer lies in the 18 laptops that are not mentioned in Fresno's notification. Why are the laptops not mentioned if they were also stolen at the same time as the external drive? One possibility is that none of them held any personal, sensitive data.
    The more probable explanation is that these laptops were encrypted, obviating their inclusion in the breach notification. Maintaining this train of thought, it's probable that Fresno is dealing with an employee's wayward data security practices. Of course, it could also be that the university's IT department fumbled: if you've got hundreds of devices to secure, an odd hard drive or two could very well slip through the cracks and remain unprotected.  

    Cold Comfort

    Fresno, like many entities that report on data breaches, noted that they had:
    not received any reports that any of the stolen information has been accessed or misused in any way, and there is no reason to believe that the hard drive was stolen for the information it contained.
    Lawyers should stop their clients from adding the above language in breach notifications. It's embarrassing. The problem with it (aside from the fact that it's about as believable as we're sending this notification out of an abundance of caution: everyone knows you're sending it because it would be literally illegal not to) is that it is meaningless.
    In this day and age, people know that the data contained in devices can be more valuable than the hardware itself, and you can bet that people who steal computers are even more likely to be aware of this fact. So, not getting any signals that the stolen information was accessed... means squat.
    In addition, there's this implication that the information was not or will not be accessed because the hard drive wasn't stolen for the information. How faulty is that logic? Let us assume that some guy boosts a car because he's going to sell it to a chop shop. Are you telling me that he's not going to maybe take a peek in the glove compartment box or the trunk because he stole the car for its hardware, and not its content? Possibly lift up the armrest to access the center console? Steal the quarters in the ashtray?
    Having your personal details stolen is terrible. Receiving a breach notification letter is terrible. Ham-fisted attempts at PR are vexing and insulting. It wouldn't be surprising to find that such language backfires on its intent and, not only does it not comfort people, but encourages them to file lawsuits.
     
    Related Articles and Sites:
    http://www.govtech.com/security/Stolen-University-Hard-Drive-Potentially-Exposes-Thousands-of-Records.html
    https://www.databreaches.net/pennsylvanias-attorney-general-sues-uber-over-2016-data-breach/
    http://www.fresnostatenews.com/2018/03/06/fresno-state-notification-of-data-security-incident/
    http://kmph.com/news/local/fresno-state-officials-data-breach-affecting-around-15000-people
     
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