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Schneier: Make Banks Responsible for Phishers

abgillette writes "Writing for Wired News, security guru Bruce Schneier says that the only way to stop phishers and identity thieves is to make financial institutions solely responsible: "Push the responsibility -- all of it -- for identity theft onto the financial institutions, and phishing will go away. This fraud will go away not because people will suddenly get smart and quit responding to phishing e-mails, because California has new criminal penalties for phishing, or because ISPs will recognize and delete the e-mails. It will go away because the information a criminal can get from a phishing attack won't be enough for him to commit fraud -- because the companies won't stand for all those losses.""

36 of 429 comments (clear)

  1. Hmmm... by JordanL · · Score: 2, Insightful

    I seriously doubt the innovation of criminals with technology will fail simply because banks require additional information.

    1. Re:Hmmm... by biryokumaru · · Score: 4, Insightful

      Actually, I don't believe adding additional protections to the websites is the idea. The idea is that the richest institutions in the world (banks) should be fighting phishers. They have the clout and the wearwithall to easily take scammers to court, and likely have branches in enough countries to try them locally, rather than sending futile "DMCA cease and desist"-like letters to non-US countries.

      This might turn out to be a good idea, or maybe the banks will realize that the scammers are just doing what banks (historically) do, which is ripoff the poor and uneducated. Anywho, being a well-informed and adept engineer of the internet age, I still do all my investing in person because I'm paranoid as heck =].

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    2. Re:Hmmm... by Psmylie · · Score: 4, Insightful
      "Anywho, being a well-informed and adept engineer of the internet age, I still do all my investing in person because I'm paranoid as heck =]."

      Sadly, if one of these fraudsters gets enough info on you, you may find that "you" are doing business with a bank you've never heard of with a line of credit you've never asked for ;)

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    3. Re:Hmmm... by jcr · · Score: 5, Insightful

      You can pick a Medeco lock, too, but that's not a reason to just use rubber bands to hold your front door closed. Right now, it's trivial to commit fraud, and it should be difficult.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:Hmmm... by s20451 · · Score: 2, Insightful

      I would prefer to see technical solutions over legal ones. How about:

      - Free with every account, you get a credit-card sized, battery powered random number generator. In addition to your password, you have to enter the number displayed on the generator, which changes every thirty seconds. (These exist.)

      - The bank only lets you access your account from a computer you designate. This could be done through the MAC adress of your NIC, or through a hash function based on your hardware configuration. Authorizing a new computer requires a phone call to the bank from a phone number that you designate. (This phone call could be handled by an automated operator.)

      The downside is that the sort of people who fall for phishing are not so tech-literate to begin with, so a tech solution might have the effect of scaring off the vulnerable users (so, problem solved either way). I can't think of a solution that would be completely transparent as far as the user is concerned.

      --
      Toronto-area transit rider? Rate your ride.
    5. Re:Hmmm... by JordanL · · Score: 2, Insightful

      That wouldn't help online fraud.

    6. Re:Hmmm... by biryokumaru · · Score: 4, Insightful

      Mac addresses can be faked and credit cards (and random number generators!) can be stolen. And whatever technical solution you can possibly find, it cannot interface with an insecure OS (such as Windows or many *nixs, prolly Macs too, but I'm not too savvy there) and remain secure. And as long as the vast majority of people use insecure OSes, a secure technical solution is unfeasible.

      Thus, I disagree whole-heartedly. Law is the best safe-gaurd against criminals. Providing and advocating a legal recourse against online fraud will provide an avenue for banks to fight back. And it would be completely transparent for the end-user. They keep getting scammed while the banks go around pressing charges on the scammers until they're gone. I know it's fighting the symptom, not the cause, but sometimes that's better.

      We all want to code like Torvalds and redesign the entire system from the bottom up whenever theres the teensiest bug, but we also all know that's unrealistic. Look at law as a CPU-intensive bug-fix for society. It'll provide it quick and easy stop-gap to the problems created by shifting to the e-commerce. We can worry about properly rebuilding the infrastructure in the next update =].

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    7. Re:Hmmm... by Rs_Conqueror · · Score: 3, Insightful
      - The bank only lets you access your account from a computer you designate. This could be done through the MAC adress of your NIC, or through a hash function based on your hardware configuration. Authorizing a new computer requires a phone call to the bank from a phone number that you designate. (This phone call could be handled by an automated operator.)

      The only problem I see with this is that one of the major reasons for online banking is the convenience of being able to do it anywere. Limiting it to one computer is counter productive in this right, and will discourage people from logging on in the first place, which come to think of it, will most likely do a better job then the best safeguards in the world.

      Also, if a phisher has your info, whats to keep him from calling the 800 number and adding his computer to the list of allowed systems?

    8. Re:Hmmm... by mmeister · · Score: 2, Insightful

      I think you missed the point.

      Right now, there is no real incentive for Banks to fight phishing. If your identity is stolen, YOU have to fight to clear it up. Make the banks 100% responsible and they will be on your side (because it is in their best interest).

      I also think that if a company exposes private information (especially financial, SSN), they need to be held responsible for more than just "letting you know". They should be required to pay for 2 years of credit reports every six months and if fraudulent activity comes up, they have to pay to help clean up the mess.

      This is not unlike the idea of targeting the companies whose products are advertised in SPAM. You force them to pay up (and pay up big) and you'll see the problem start to diminish. You can't get rid of the guy that will spam, but if you target the companies that are taking advantage of this -- you will make a difference.

      Big companies need to start taking responsibility (and not the hollow President version). Taking responsibility means accepting the consequences -- in these cases, the costs. Of course, company CEOs won't like it because it hits their short term bottom line, but the reality is that in the long term -- everyone will benefit.

    9. Re:Hmmm... by nolife · · Score: 3, Insightful

      Mac addresses can be faked and credit cards (and random number generators!) can be stolen.

      Security in layers.. Spyware and keyloggers on my computer installed at random by a hole in IE is completely different from having that same spyware AND someone getting into my house and stealing my key generator (random number generator). I have incoming SSH allowed from outside, but only from 2 source ip addresses. I also force the use of existing authorized keys and passphrase only. Each of these is not fool proof but combined, it is magnatudes harder to hack into then running plain old telnet or SSH with no restrictions. Yes, if I was singled out and someone specifically wanted to hack into my specific computer, chances are they would find a way. Phishing attempts are exactly the opposite though, broadcasting out looking for the people that will bite the hook, not elaborate targetting of specific people. I am guessing here but I'd say bank account phishing successes would be 99.99% less with nothing more then a key fob number generator used as part of the password. I think the MAC would be useless for security as that can be taken from the same computer that the keylogger or phishing attempt originated from.

      Thus, I disagree whole-heartedly. Law is the best safe-gaurd against criminals.
      What world do you live in? Do you leave the keys in your car? Put the windows up? Leave the porch light on? Have an alarm in the car? Use a club? Shove your cds or cell phone under the seat? That is the same thing, security in layers. It is already illegal for someone to steal your car and the police already have the laws and power to catch criminals.

      --
      Bad boys rape our young girls but Violet gives willingly.
    10. Re:Hmmm... by mmeister · · Score: 2, Insightful

      Thanks for totally missing the point.

      Today -- Banks take zero responsibility for phishing. They don't seek to educate their customers, they don't do much of anything because there isn't much incentive in it for them.

      I'm not saying that some users aren't stupid enough to just give their information away. Some folks don't know better, some folks don't understand the web or links or HTML messages (and the fact that the name displayed can be different than the URL given).

      Right now, however, all the responsibility lies on the customer. Extending this out, banks have been spewing private information and once again, due to lack of accountability, it becomes YOUR RESPONSIBILITY to determine if your information was taken and used to steal your identity.

      So it comes down to a very simple fact: It's all about the money. You hold banks financially responsible and hit them hard when they don't take reasonable measures to secure their customers money and I guarantee that they will not only take notice, but take action. Then it isn't you and I fighting, by ourselves, against the phishers and the identity thieves -- the Banks and Credit Card companies will ACTIVELY (keyword there) be fighting them too.

      I'm all for people taking personal responsibility -- but that doesn't let the large corporations off the hook. Financial institutions (being corporate entities) also have to take responsibility and currently, they are not. They are the ones with the resources to dramatically reduce phishing and identity theft, yet their current policies make it easy to take any information you have and open up a new account without verification, get a new credit card, etc.

    11. Re:Hmmm... by hepwori · · Score: 5, Insightful

      I work in the anti-phishing industry, and suggestions like the article makes are pie in the sky "corporations have magic powers" crap

      No, they're not. They're "give the problems to those with the money, sense and incentives to fix it" arguments. Makes excellent sense to me. My guess would be that you're either (a) too wrapped up in the "anti-phishing industry" to step back and wonder why we need such an industry; (b) invested too heavily in the "anti-phishing industry" to accept that it may not be needed; or (c) just not amenable to lateral thinking.

      Seriously. Look at credit-card fraud. Do banks pay for this? Hell, yeah. Is there a cottage industry? Perhaps, but banks are EXTREMELY motivated to fix the problem, since it's costing them daily. Where five years ago was that CVV code on the back of your credit card? Where was "Verified by Visa"? These are industry programs introduced by the industry to reduce fraud. Why? Because it costs them.

      Make phishing cost the industry, and you betcha they'll be right on it. And as far as I can tell, they wouldn't have to do much to top the efforts of the "anti-phishing industry" to date.

  2. Good idea! (well, kinda) by mister_llah · · Score: 4, Insightful

    However, it doesn't seem very feasible.

    There is no way we can get the government to do such a thing... and such losses may even effect federal insurance and our interest rates...

    Depending on how many morons there are getting hit by phishing scams, this could have a large effect.

    Of course... that's assuming it ever got made into 'law'... ... which I think there is more than enough uncertainty on the subject to prevent that.

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
  3. It's a good point but... by mackil · · Score: 5, Insightful

    Personal responsibility has to come into play somewhere. If people aren't educated enough to know NOT to email back their bank information to an unsolicited source, than just whose fault is it? The banks obviously need to do more, but in the end someone has to be responsible for their own actions.

    1. Re:It's a good point but... by NinjaFodder · · Score: 0, Insightful

      Personal responsibility?! Don't you realize that the purpose of the government is to protect us from ourselves?

      That is the purpose, right?

      --


      Cause everyone wants a free Xbox360
  4. No Chance by derfel · · Score: 5, Insightful

    I don't think there's much of a chance of this kind of thing ever getting implemented. The financial industry would kill any legislator who tried to introduce legislation like this. If anything got through, they'd convince the executive branch not to enforce it. I'm sorry to say this, but the banks hold our money and they're very cavalier about to whom they give access and they like it that way.

  5. Or... by Captain+Scurvy · · Score: 4, Insightful
    This fraud will go away not because people will suddenly get smart and quit responding to phishing e-mails, because California has new criminal penalties for phishing, or because ISPs will recognize and delete the e-mails. It will go away because the information a criminal can get from a phishing attack won't be enough for him to commit fraud -- because the companies won't stand for all those losses.

    What's wrong with "all of the above?" It would seem to me that a multi-pronged attack to the problem would be best, because I really don't see how "just" holding the financial institutions responsible will make the problem disappear completely. Scammers are creative, after all, and the people who fall for their scams can be pretty friggin' dumb.

  6. Bad idea by kentrel · · Score: 4, Insightful
    This will mean that banks will be forced to put their customers through more and more identification hoops than they already do. We will be inconvenienced even more and all because of the phishers. They are criminals like any other, and it's the governments responsibility to deal with them.

    Forcing the responsibility on the banks is only going to encourage the banks to treat the customers worse than they already do.

  7. People are just too damn stupid by sexyrexy · · Score: 2, Insightful

    This will always be a problem because people don't want to have to deal with complex security. I wouldn't mind keeping an RSA authenticated keychain that has a rotating cryptographic key that changes every 60 seconds (a pretty cool solution, I've seen in action), but moron hick who doesn't see why he should have to have more than one password will never stand for it. Juggling multiple methods of authentication is too complex for the average Joe.

    Thankfully, that average Joe is also the same moron who will fall victim to phishing instead of me. I'll never lose my money, so it's not my problem. A connundrum, if you will - the only people smart enough to do anything about it (or be willing to do anything about it) are the ones that such scams don't apply to anyway.

    (No offense to any geeks/intellects happened to be named Joe)

    --

    Rex is 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  8. Hrm by Auckerman · · Score: 4, Insightful

    The only way something like this works is if there is an neutral agency that one can report this to. Even then it probabaly won't. It's in the financial institutions best interest to keep all security problems secret. That is today, even with them not being responsibile, in a day where they are resonsible, they'll act just the tabacoo companies did/do "There is no security problem, Mr. Senator. No, there is no problem with identity theft, not at all, we have it under control.". The cheapest short term solution is the best one to a company, these guys pretend to think long term, but they don't. Don't assume they will.

    --

    Burn Hollywood Burn
  9. Whatever... by borawjm · · Score: 5, Insightful

    In the end the consumer will always pay no matter what happens. If they exclusively make financial institiutions responsible for phishing then that just means they will charge us more for their services. If they don't do anything about it, well, then we still pay when some schmuck steals our identy and our money.

  10. It makes perfect sense... by podperson · · Score: 5, Insightful

    It amazes me that, for example, no-one really checks signatures on credit card slips or that you don't need a PIN to buy gas with a card at the pump.

    If you tighten up all these processes then just knowing five pieces of data about a person won't let you access their accounts. Why sign your credit card at all when no-one even LOOKS at the signature and YOU are liable for fraudulent use of the card?

  11. The real problem is e-mail. by bcrowell · · Score: 4, Insightful
    The real problem is e-mail. If you get an e-mail purporting to be from paypal, you have no good way of knowing whether it's really from paypal or not. Only when SPF, or DomainKeys, or SenderID or whatever becomes ubiquitous will we have a solution for this problem -- "ubiquitous" meaning that the 99% of users who have their computer and software set up in the default configuration will not even realize they had any option of turning DomainKeys off.

    Legislation shouldn't be used as a way of solving a technical problem, and this is really just a technical problem with e-mail.

  12. Alright... by DarkBlackFox · · Score: 2, Insightful

    So I fall for a phishing email and enter my credit card info, bank passwords, etc. into some scam site. Said scammer proceeds to empty my bank account.

    If I directly gave the scammer enough info to do such financial damage, how can the bank be held responsible? It's like if I forget my wallet on the table at some fast food restaraunt, and someone picks it up and maxes out each of my credit cards. Should the bank be held accountable that I forgot my wallet? Banks should make a better effort to confirm identities in cases of large sums of money being transfered/spent under strange circumstances, but holding them financially accountable for my own faults?

  13. Never happen by wowbagger · · Score: 4, Insightful

    It will never happen.

    Consider this: The credit card companies were getting reamed by people getting a boatload of credit cards, running them up to the limit, then filing for bankruptcy.

    Now, the real solution to this would have been for the credit card companies to have done their jobs and really examined the credit ratings of the people to whom they gave these cards, and to have given people reasonable credit limits (I shall use myself for an example - I have a single credit card which has a limit of well over one-half of my yearly salary - there is NO REASON for me to have that much unsecured credit - and no, I did NOT request that limit, they gave it to me on their own).

    However, that would require the credit card companies to actually do work and would impair their ability to take people almost to bankruptcy and make lots of money on revolving credit interest.

    So, what did the credit card companines do? They took their enourmous profits and paid for immense lobbying to get a law passed to insure they get their money even if you file for bankruptcy.

    Now, what is another word for "credit card company"? I'll give you a hint - it starts with "B", ends in "K", and has 4 letters. Wanna buy a vowel (at 15% APR)?

    Making banks actually take responsibility for phishing means banks would have to do work on their online banking and credit applications. It would mean they would have to make it harder for people to buy things online (read: go into debt). It would CUT INTO THEIR PROFITS!

    So what is a good, responsible banker to do? Call 1-800-RENT-A-SENATOR.

  14. Re:The technology will make it almost impossible . by JDevers · · Score: 4, Insightful

    A properly formed e-mail from a reputable company nearly completely eliminates all possible intercepts. At least as many as can be eliminated by simply going to the website in the first place without an e-mail prompt.

    case in point:
    I recently received an actual e-mail from PayPal, this e-mail suggested that my on-file credit card was about to expire. The first thing that keyed me in and made me actually read this mail was that they referenced the last four digits of said card. Next, they suggested that I logon to their website and update the credit card's expiration date. Most importantly they didn't even offer a link to paypal.com, they simply said to logon and then gave instructions as to how to change it. Not the first link in the whole e-mail. This effectively eliminates fraud as a possibility. While it is still possible that paypal.com itself could be hijacked or some other esoteric scheme, the 99.9% possibilities are all eliminated simply by not providing any link.

  15. Re:yeah, right by mctk · · Score: 2, Insightful
    I think you and the rest of the "personal responsibility" crowd are missing his point. He's saying that, at this point in time, our information is out there. Whether we put it out there ourselves or whether it was stolen from some organization or whatever. It's out there.

    Now if a bank intends to hold me responsible for payments on a credit card, that bank better make damn sure that the credit card has been requested by and given to me. Right now, according to Mr. Schneier, that isn't happening.

    And let's not forget that it's the victim who, to a large extent, takes the responsibility for clearing their credit record which has been smeared by the irresponsible actions of both a criminal and some financial institution.

    --
    Paul Grosfield - the quicker picker upper.
  16. At least make them properly liable by ewe2 · · Score: 2, Insightful

    Technically, they are, but 9/10 times they seek to hide the problem and avoid liability. It is irresponsible in my view to put major databases in another country where it is known the information is being sold on the blackmarket, yet banks continue to insist there's nothing to be done. Remember, these are the same guys who organized shadow accounts so that the Russian mafia could siphon off billions in US aid to Russia a few years ago. It took the combined efforts of several governments to put political pressure on all countries where this method was known to exist (in places like Bermuda, etc). Banks will *never* act in the customer's interest unless forced, and yes, charge the customer for the privilege afterwards.

    --
    insecurity asks the wrong question irritation gives the wrong answer
  17. You read one? by khasim · · Score: 2, Insightful

    I get over a hundred a week from "PayPal". I don't even bother sending them to spamcop anymore.

    The part about not having any links in the email is good. But not good enough. You could have been told to go to mypaypalsecurity.com and logon. Then you'd be back to the man-in-the-middle attack.

    Not to mention that most people who do read those emails will not know enough to not click on a link when the company involved has not specifically stated that they will not send links.

    1. Re:You read one? by Kelson · · Score: 3, Insightful
      The part about not having any links in the email is good. But not good enough. You could have been told to go to mypaypalsecurity.com and logon.


      This is where user education and organizational consistency come in. IIRC, PayPal does everything through www.paypal.com. If you've never, ever logged in somewhere other than that one site, you might be slightly suspicious to see mypaypalsecurity.com. And if every administrative message that really comes from PayPal has no links, you might notice something funny about the message that does have one. (It's not a cure-all, of course -- witness the number of successful "Apply this update from Microsoft!" trojans. But it'll make it easier for some people to spot the phish.)



      Contrast this with, say, Citibank, which does some stuff through citibank.com, some through accountonline.com, I think has citicards.com and at one point was still using c2it.com. And I think they sometimes use third parties for email and redirectors. There's no consistency, so if you get something that says citibanklogin.com, you think "Oh, they've just added a new domain" and click/type it... and then you're on the fake site.

  18. Re:education? by eosp · · Score: 3, Insightful

    Then you hand your credit card to the waiter, who goes into another room with it.

  19. We pay, no matter who pays by Bombcar · · Score: 2, Insightful

    I sent a nice email to Bruce, but I didn't keep a copy (sent through Wired).

    Basically, we already have this with CC numbers, it's almost no hassle at all to get unauthorized charges removed. Yet CC fraud still happens, if anything, even more widespread than before. The little 3 digit number on the back was nice, but does it really slow anything down? After all, that number is now part of the databases, just like the expiration date.

    So who pays for CC fraud? The CC company? No, they backcharge the merchant. Does the merchant pay? No, he raises costs for all his customers, either in hassle proving identity, or by raising costs.

    In the end the customer always pays, so we might as well make it easy for him to solve problems.

  20. They should be responsible for everything by Anonymous Coward · · Score: 1, Insightful

    credit card companies are responsible for preventing fraud. If someone steals my CC acct # somehow, I dont pay for it, the company does. So when my card gets used on the other side of the world, or in multiple places at once, I get a call from the company to try to prevent the fraudulent transactions.
    If I get an unknown transaction on my statement, one call to the company, and they look into it and figure out how it happened.

    Banks currently have no responsibilities. They dont give a shit. I once received my monthly statement to see a series of withdrawls and cheques cleared that I didn't do. I called them. Their reply? Prove it wasnt you. WTF?!?!?! I told them to look at the cheques to see if I even signed them. They told me it'll cost $10/cheque and it'll be 5 business days. WTF?!?!!

    Heres another stupid one. Once I write a cheque for $150. The person who cashed it entered it as $510 at a bank machine. The cheque cleared an $510 was taken from my account. It took me two months to resolve. And this is with a carbon copy of my original cheque.

    If those fuckers were held accountable for all my banking problems, they'd be pretty damn sure to make sure the problems dont happen in the first place.

    Its not about making them responsible for fraud after-the-fact. Its about making them responsible so that they design their systems and have safeguards that prevent it from happening. i.e. a phisher somehow gets my name and account number. this alone should not be enough to take my money.

  21. Re:The technology will make it almost impossible . by Peter+La+Casse · · Score: 2, Insightful
    A properly formed e-mail from a reputable company nearly completely eliminates all possible intercepts.

    Even organizations that should know better sometimes fail to do this. I once received an email message from an address at openvenue.com claiming to be from the ACM and asking me to go to confirmit.com to fill out a survey. Imagine my surprise when it turned out to actually be from the ACM. (To add further insult, when I emailed the ACM about it, the two line response was followed by two copies of a ten line signature, without delimiter. Sigh.)

    It seems like any university that claims to give a well-rounded liberal arts education should include a course that covers issues of computer-related common sense and etiquette, such as "don't give your account details to strangers" and "don't use a signature 10 times as long as the body of your email."

  22. Wow, thats a really stupid article. by Steepe · · Score: 2, Insightful

    Yea, lets make someone else responsible for me being a dumbass, and make it harder for everyone else to do business with their own financial institution because I'm too stupid to realize the email is a phish scam.

    Sorry, that falls into survival of the fittest. If your too stupid to keep your money, you don't deserve it.

    --
    Just three more hours seapeople and you can finally take me away from this crappy God Damned planet full of hippies
  23. Keep It Simple Stupid by msbsod · · Score: 2, Insightful

    I love the folks who sell their latest and greatest encoding schemes for mail messages, like HTML, MS-Word, quoted-printable, base64 etc.. Perfect breeding environment for phishing attacks. Sure, you can rightfully blame Microsoft. But then also blame the developers of Pine and MIME. Same junk, just with a bit of penguin dung. What was actually wrong with plain simple ASCII text mail messages? Or take web sites and HTML. Why do we need JavaScript on the Citibank web pages? Or Macromedia Flash files for Citibank's "secure" virtual account numbers? This kind of software was developed for entertainment purposes, not bank transactions. Maybe the people who develop and sell such stupid solutions are also the ones who benefit from fixing the problems, because it keeps them employed. Make the banks and their software developers responsible for their mistakes, and we get secure, simple solutions.