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Data Theft and Corporate Irresponsibility?

cjsnell asks: "Today, I received a letter from a student loan provider notifying me that my name and social security number had been stolen along with a contractor's computer. This makes -four- agencies that have lost my personal information, in the last year. Today's letter was the most disappointing yet: the company, Texas Guaranteed, did not offer any credit report monitoring like the previous three had. Their advice? Send a letter to the credit bureaus. Gee, thanks. Clearly, mass identity theft is completely out of hand and there doesn't seem to be any government regulation for handling these situations, nor does there seem to be any punitive action against businesses that lose customers' data. Do we, as consumers, have any recourse against these businesses?"

93 of 352 comments (clear)

  1. Recourse by alshithead · · Score: 4, Funny

    Forward all of your bills to them.

    --
    I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    1. Re:Recourse by Ihlosi · · Score: 4, Insightful
      Let me get this straight; so you think if a bank gets robbed we should prosecute the bank and not the robber?



      If the bank stores all their customers' cash in cardboard boxes behind the building, then yes, prosecuting the bank would be in order.



      Also, your rhethorical question is wrong. The robber will be prosecuted in any case (for robbery), even if the bank is prosecuted for gross neglegience.

    2. Re:Recourse by Ihlosi · · Score: 2, Informative
      Better yet: if your car is stolen should you be punished for allowing it to happen?



      If you leave the car unlocked and the key in the ignition, then you should be held liable for any damage caused by the car, no matter who's driving it. A car is a dangerous object, so the owner is responsible for taking at least some basic measures to prevent unauthorized operation of the vehicle.



      Oh, you're laughing ? That's the way it is here. We also have data protection laws that would get companies who keep unnecessary records sued to kingdom come.

    3. Re:Recourse by Ihlosi · · Score: 2, Insightful
      What if it is in a locked garage?

      Fsck that. Pure and simple. Keep the thing locked and the key under your control, that's what it's for.

      Garages are much easier to break into than starting a car without the key (the latter can be fairly easy, but requires a modest amount of technical knowledge instead of just a crowbar or a sledgehammer). And once the engine is running, getting out of the garage is not a big problem (there's enough salvageable parts on the car even after it breaks through the gate or the wall. And even that is just a concern if the car is stolen for the parts).

      but I leave the vehicle door unlocked and the key in the ignition for the sake of convenience.

      If your quest for the ultimate convenience allows other people to be injured or worse, then be prepared to face the consequences. Putting your own convenience before other people's safety is plain reckless. It is the same thing for leaving loaded guns lying around in the house in order to save the three minutes required to get them out of the gun safe and pick up the appropriate ammo when going hunting.

    4. Re:Recourse by beh · · Score: 3, Insightful

      The comparison is a bit slanted, if a someone robs your bank, you're not really inconvenienced, as the bank is insured - your money is safe.

      This particular case is more like you depositing a copy of your house key with your neighbour (in case you should lose yours), and that KEY gets stolen. Your neighbour might tell you that the key is gone - and worse yet, that the key actually has a tag with your name and address attached to it. So, until you can go and change your locks, your home is basically compromised and it takes a lot of effort keeping it safe, until the locks are replaced.

      With the stolen social security numbers, you can't switch your social security number easily, if at all? Is it possible at all to apply for a new social sec no in the US moving your data to the new one, but invalidating the old one?

      In the example with your key getting stolen from a neighbour's property; of course, it's not really the neighbour's fault, if someone breaks into his house.

      BUT - the neighbour might be liable, if gross negligence aided losing the key in the first place (i.e. putting up a sign with an arrow pointing to the key with all the data as to whose key it is, right outside on the front lawn - without any protective measure).

      If an agency hands over your data to an outside contractor - they HAVE to put safeguards in place (check out the contractor's background/reputation, and *his* security measures), because they are handing away data that you *entrusted* to them. Just handing out blanket data, without properly protecting it (really good encryption, at the least, with the key being nowhere near the laptop during transport), is them breaking your trust.

      And THAT is something that might make them very well liable for what happens.

      (Needless to say - even those that will pay for free credit checks for a year, what's that to say, at all? THEY broke your trust by not safeguarding the data, and while they pay for the checks (for a limited time), they are not paying for your time following up the checks and/or the hassle in case something happens.)

    5. Re:Recourse by Choco-man · · Score: 4, Informative

      I've had this happen to me 4x in the last 2 months. I urge you all to write your congress-person and state attorney general (not email, write the letter folks) - here's what i am sending:

      Senator Specter,

      I am writing to voice my concern over the lack of control many corporations have over my personal information - and just as importantly, the lack of recourse I have as a citizen should those corporations abuse my information. Over the course of the past 60 days, I've received 4 notices that a given corporation - two of which I don't even do business with, nor have I ever - have had my personal information compromised. Two of them were kind enough to provide suggestions as to what steps I should take to monitor this, one of them simply stated that they'd allowed my information to be compromised, and the final one actually sent me an empty envelope. I contacted them based on their return address to make an inquiry, and obtained confirmation that that too had compromised my information.

      All this within a two-month period. And these are the ones that have voluntarily divulged that my information has been compromised - I'm assuming there have been other incidents that have not been disclosed.

      It's absurdly obvious to me that, at minimum, there needs to be minimum standards of data protection, and recourse for the individual in the event that one suffers personal loss as a result of a corporation not adhering to those minimum standards of protection. In the day of high speed data transmission and very powerful encryption techniques, it's ludicrous that they are transporting these types of sensitive information around on unencrypted computers and on non-secured servers or portable drives.

      I do not want to wait until something detrimental occurs to me before I take action. Identify theft has become so common place that it's become background noise, and we as a society have accepted it as a part of life in the modern world - this can not be the solution. Until there are ramifications for corporations that mistreat personal data that results in personal harm, there is no incentive for them to alter their behavior.

      I certainly do not have the answer, nor would I presume to tell you what should be done to rectify this. I would, however, ask that you expend some resources to find and implement a solution to the issue. I am quite confident that were the tables turned, and I were to disclose damaging information that affected the fiscal health of those companies, that the repercussions I would face as a result from them would be quite serious.

      Thank you for your time.

      Regards,

    6. Re:Recourse by facelessnumber · · Score: 3, Funny

      but I leave the vehicle door unlocked and the key in the ignition for the sake of convenience.

      It must be wonderful to live in a place where you can feel that secure... I remember it wasn't too long ago that in my town, we didn't have to lock our doors, take our keys out of the car. I wanna live where you do.

      So, kindly tell me where you live. Please be specific. Google Maps link if possible. What kinda car do you drive?

    7. Re:Recourse by ixplodestuff8 · · Score: 2, Insightful

      Here's the difference. If I secure my car properly it will not get stolen, and if it does then it truely wasn't my fault.

      If I leave the key in the ignition, then I was negligant

      If a corportaion has sensitive information inside a secure file, with high security, encryption, not easily accessible, behind secure firewalls, and it gets stolen then yeah, not their fault.

      If one of their employees decided to download something while at work and it turned out to be a trojan, and eventually led to compromising private information, then it is the company's fault for not being secure.

      Stolen information should be rare, not commonplace.

  2. Simple... by Cheapy · · Score: 4, Funny

    Tell them that if you don't get your credit card watched, you're going to burn the place down. Burn it to the ground, and then take a vacation in some far off tropical place.

    --
    Would you kindly mod me +1 insightful?
    1. Re:Simple... by Ruff_ilb · · Score: 5, Funny
      Tell them that if you don't get your credit card watched, you're going to burn the place down. Burn it to the ground, and then take a vacation in some far off tropical place.
      Like Nigeria? I hear there are lots of... lucrative... investment opportunities over there.

      Just Email me with your Name, Address, Social Security number, and Credit Card information and I'll take care of it all.
      --
      http://www.TheGamerNation.com/Forums
    2. Re:Simple... by Eccles · · Score: 5, Funny

      Tell them that if you don't get your credit card watched, you're going to burn the place down.

      They stole my identity, not my stapler.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    3. Re:Simple... by frisket · · Score: 3, Insightful
      > Do we, as consumers, have any recourse against these businesses?

      Nope.

      If you choose to live in a country where the government is pro-corporation instead of pro-people, you've got to accept that you're powerless. If you don't like the heat, get out of the kitchen -- or do something about the chef :-)

    4. Re:Simple... by fatman22 · · Score: 2, Funny

      All of that information is now available just about anywhere, which makes it pretty much useless for you because it gives me plausible deniability for any transaction.

    5. Re:Simple... by qwijibo · · Score: 2, Insightful

      It depends on the type of consumer you are. If you're a net-debtor, you have to bow down before them and accept your role as a peon. However, if you live within your means, you always have the option of telling them to stuff it. You can't do anything about the companies who amass and lose your data, unless you can afford to sue all of them.

      What I don't understand is why people spend unlimited time negotiating with companies they have no legitimate association with. If a company is reporting that I owe them $10k, that's an actual monetary damage that I'm sufferring, which gives me a basis for taking them to court. I'd sue the creditor at that point because they are an active participant in the fraud being perpetrated. The companies granting credit based on information that is widely disseminated know that a certain percentage of the applications are fraudulent, but it's more cost effective to put the burden back on the individual in those cases. I think the burden should be put back on the companies to make it less cost effective. Talking to customer service people about a debt that isn't yours is painful and not likely to get any assistance. They can only walk all over you with your permission. Of course, the only way to make this work is to be willing to accept black marks on your credit report until it's resolved.

  3. the less information collected the better by carsonc · · Score: 5, Interesting

    For most things, organizations don't need much if any of your information. The want it to mine... there is no down side for them. For the companies that do need data, I believe that every field in a credit report should have a complete audit history and companies should have to pay up and fix their mistakes. If legislation also made them accountable for data theft then you would see a lot less information collected. That would be a good thing.

    1. Re:the less information collected the better by kcbrown · · Score: 3, Insightful
      For most things, organizations don't need much if any of your information. The want it to mine... there is no down side for them.

      And, in general, you need their services more than they need your business. And it's not like you can count on competition to solve the problem: they're all like this, and it's likely there's a "gentleman's agreement" in place to keep things as they are. After all, nobody (except the customer) really benefits if someone steps up to the plate with a smaller information requirement.

      Which means you'll have to just suck it up and deal, because your only other option is to not make use of the type of service in question at all.

      If legislation also made them accountable for data theft then you would see a lot less information collected. That would be a good thing.

      Which is why it won't happen.

      Welcome to the 21st century, where corporations, not you, control what happens to your information.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  4. Completely out of hand by hackwrench · · Score: 4, Insightful

    There is a growing and growing group of things that seem completely out of hand once it happens to you. I'm not sure who "we" are, but we need to get together either as a nation or a planet or just some concerned human beings and take a serious look at where we are and where we want to go from here.

    1. Re:Completely out of hand by plover · · Score: 5, Insightful
      In this particular case I think the credit reporting agencies have way too much power. Their information is used for everything from cell phone contracts to insurance rates to employment background checks. And they've done it without oversight, without honesty and without ethics. They will collect, report and do anything to sell someone another peek at your Fair Isaac score. And every company wanting to sell anything at all gets to use this automated system of discrimination ("hey, it's not a race/ethnic thing, it's just your computer score and the computer is color blind." As if having an address in The Projects would be anybody's choice, yet it all factors into your score.)

      We've evolved our own Big Brother via capitalism.

      Somewhere, Karl Marx and George Orwell are sharing a laugh from beyond the grave.

      --
      John
    2. Re:Completely out of hand by gEvil+(beta) · · Score: 4, Insightful

      I'd tell people to mod you up, but you can't go any farther. As I've often said in the past (and will continue to say), the credit reporting agencies don't give a shit about you. They have no reason to care about whether the information they have on file for you is accurate. YOU ARE NOT THEIR CUSTOMER. Their customers are the ones they're selling your information to. When you contact them to complain about inaccurate information, they consider it a nuisance that *might* need to be dealt with. And the simple reason is because YOU ARE NOT THEIR CUSTOMER.

      --
      This guy's the limit!
    3. Re:Completely out of hand by MightyYar · · Score: 2, Insightful
      I think you are probably right in some respect - but I disagree that economic discrimination is bad. I mean, what incentive would you have to manage your finances if there was no repercussions to doing it poorly? Why should the credit card companies not be allowed to share data for their own protection? Why should a car dealer give you a 0% loan when you've never paid your credit card bill and you're already behind on a mortgage?

      You can keep them from getting any of your information right now if you don't take out a line of credit - a cash economy. Pay for your car in cash, pre-pay your cell phone, don't get any revolving lines of credit (credit cards), don't get any student loans, pay cash for your home.

      Of course, without any credit history lenders might be hesitant to give you money or goods in the future, but at least the credit agencies won't have much on you! For instance, you might have to pay more in rent until you get a good resume of landlords as references.

      Is it fair that your address plays a part in your credit score? I don't know... I mean, on the one hand, there is a statistical correlation, on the other many areas are still self-segregated so it can be a form of racial discrimination. It's worth noting, however, that if you pay all of your credit lines regularly, your score will be more than high enough to get a cell phone or car, no matter what your address is. You might only run into a problem when buying a home or trying to get a personal loan. That being said, I don't really know exactly what method the agencies use to determine the credit score, and therefore I don't know how heavily weighted the address portion of the score is. I'm also not sure how big of a deal this is in the real world - how many people do you think there are living in a public housing project who have the means to buy a house?

      Go over to get your free credit report and see what's on it. On mine, it has my gym membership (Bally's "loans" you the membership fee), my car payments, my credit cards, my student loans, and the leftover balance from my last phone bill at my old address. I really don't object to any of this information, though that's probably because I pay on time. :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  5. starting over by silentscope · · Score: 5, Insightful

    Start over with a fresh identitiy.

  6. Liability, liability, liability by electroniceric · · Score: 5, Interesting

    There are two simple prescriptions for this:

    1) Create and enforce real liability for loss of personal data. After that it may make sense to introduce "safe harbor" general privacy regulation (unlike domain-specific regulation like HIPAA) where if you comply with the regs, you get relief from liability in the event of a genuine mistake or contingency.

    2) Create and enforce real responsibility of credit providers and credit bureaus. Allow consumers to immediately suspend any line of credit, and require true checks before issuing credit (no more instant credit). No more endless paper battles to get credit ratings fixed, charges rescinded, etc. [These previous two were cribbed from Kevin Drum at WashingtonMonthly.com. He expouns on this subject quite regularly]. Liability for failing to properly check that credit is properly issued or used, which is supposed to be the reason why vendors and buyers pay exorbitant credit card rates in the first place.

    Get the liability in order and regulation will the preferable alternative.

    1. Re:Liability, liability, liability by bmwm3nut · · Score: 3, Insightful

      I don't like the idea of a "safe harbor" or anything like that. If I give my money to a bank and they lose it, even through a "genuine mistake", I get it back. Likewise, I expect that if I give information to a company, and they lose it, they are liable for any harm that comes from that loss. The trouble is that when the governemnt gets involved, then the lawyers at the companies will get involved and they'll look for loopholes and such. There have been a couple of laws passed in the last couple of years that give protection to the companies (Why do you think the submitter was notified of the data loss? Not because the company cares about the submitter, but they get legal protection if they notify of the loss), what we need is to not have those laws and let it up to people to bring civil cases against the companies that lose the data. Yes it will be expensive, but after a few precidents are set, then it'll be easier for the little guy to go after the big companies that lose the info.

    2. Re:Liability, liability, liability by rcw-home · · Score: 3, Interesting
      2) Create and enforce real responsibility of credit providers and credit bureaus.

      Easy. Just make libelous statements on a credit report... libel. You lost your earnest money because you couldn't get a home loan because you allegedly signed up for a credit card, maxed it out, and never repaid it? You get passed up for a job because a car purchased in your name got repossessed? You prove it, you sue the credit bureaus, you win treble damages.

      Suddenly, credit bureaus would require a lot more proof before dinging your credit score, and they'd promptly correct their mistakes.

    3. Re:Liability, liability, liability by killjoe · · Score: 2, Insightful

      Ask yourself this.

      Who would benefit from such laws, who would have to spend more money.

      Then ask.

      Who gives money to politicians.

      Then ask.

      What percent of eligable voters voted last election.

      By now I think you would get the point. It will never happen. Not till americans are pissed off enough to vote. The only thing I can think of that would piss them off is the superbowl being cancelled or a blackout on american idol or something. They don't care about anything else (except the fags getting married of course).

      --
      evil is as evil does
  7. Pass it forward by Anonymous Coward · · Score: 3, Funny

    Yeah, go to another company and steal their computers.

  8. I just got "the letter" too by bsartist · · Score: 5, Informative

    Mine came from the Dept. of Veterans Affairs. You might have seen the story about the stolen laptop on the news. If the most well-funded military in the world can't keep a lid on our personal data, who can?

    --
    Lost: Sig, white with black letters. No collar. Reward if found!
    1. Re:I just got "the letter" too by Anonymous+Brave+Guy · · Score: 5, Insightful
      If the most well-funded military in the world can't keep a lid on our personal data, who can?

      Someone who never has the data to lose in the first place.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:I just got "the letter" too by horatio · · Score: 4, Interesting
      What I can't figure out for the life of me, is why the hell all this information is being stored on portable (laptop) systems, and not on the servers behind locked doors and firewalls where it belongs....how do you get millions of SSNs stored locally on a damn laptop and not consider the consequences?

      Then again, hiring agencies like usajobs.gov want you to email your SSN as part of your application materials, and if you complain, they fire back some bullshit from their privacy policy...this is what they told me:

      Within the Federal job application process, Social Security Number is a unique identifier. Applicants must provide their Social Security Number (SSN) to identify their records because other people may have the same name and birth date and the Federal Government is legally authorized to require this information. This authority is provided under Public Law 104-134. While job applications may occasionally be accepted in a system without the Social Security Number, your applications will likely not be accepted/processed if they do not give the hiring agency the information requested. Please know that the personal and private information you provide is encrypted during transmission and encrypted in our databases. Please also know that all personnel with access to sensitive data are legally bound to use the information only for its intended purposes. Please see our Privacy Statement: http://www.usajobs.opm.gov/privacy.asp for additional information.


      * emphasis mine to illustrate the absurdity

      I never once argued about whether they could or should be asking for. I was only asking for alternative methods besides frickin e-mail on how to provide it.
      --
      There is very little future in being right when your boss is wrong.
    3. Re:I just got "the letter" too by MillionthMonkey · · Score: 5, Insightful

      One of these days some government employee is going to run an errand with a laptop in his car and a lucky car thief will drive off with every single name and Social Security number in the country. You could fit them all on a USB thumb drive. And they could be all over the Internet within hours. It would be game over for Social Security numbers and the rickety infrastructure that has been built on top of them. It's only a matter of time before this happens. It might not be in a single theft as I described, but smaller thefts will eventually add up to the point where everyone's SSN has been compromised, and someone is going to compile them and make them widely available.

      That would be the most bitchin' thumb drive, wouldn't it? You could show it to all your friends and taunt them. I'd better not lose my keys or you're all screwed!

    4. Re:I just got "the letter" too by Jasin+Natael · · Score: 2, Interesting
      You could fit them all on a USB thumb drive.

      Nice USB disk. Not to diminish your post, but let's do the math so people can see EXACTLY how much info would be there. 4 bytes (SSN) + 14 bytes (avg) for a name + null byte = 19 bytes each. 262 million US citizens * 19 bytes is 4.64GiB. If you keep the optimal binary format, and want to add DOB, add another 4 bytes per record for a total of 5.6GiB. First and last names are seldom unique in the US, so assume it could be compressed by 50% for a backup.

      If it was someone's goal to walk away with the data, they might actually be able to fit it all on a flash drive or DVD. If they want addresses, school records, credit history, any genealogical information (to link children to parents), maiden names, race, ethnicity, gender, marital status, etc., these would all add to the total.

      We're not quite to the point of worrying about a flash drive yet, or really even a laptop, because laptops don't tend to have that much free space. But if someone were to buy an iPod or similar player for the purpose, they could put a few albums on it and use the rest of the disk to walk away from a data center with all the information. Hell, they could be on the next flight to a country with no extradition, still listening to their favorite band, before anyone knows what happened.

      What I worry about is smaller databases, like you said. Whilst the Fed's complete database might be around 40-50GiB in compressed form, State Agencies' complete files could be 1-3GiB after gzipping. Considering the payout involved, the collusion of 50-100 people isn't out of the picture.

      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
    5. Re:I just got "the letter" too by Anonymous+Brave+Guy · · Score: 2, Interesting
      That argument is a logical fallacy: someone who never has the data to lose is never able to lose it.

      Precisely. How many of the organisations that collect personal data about you actually need all of that data to fulfill whatever relationship they have with you?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  9. Japan has a strong law by mattr · · Score: 2, Informative

    Japan has a strong law and companies must follow certain procedures for storage of over 500 names, which has a major effect on business. It hasn't increased security per se, considering the thefts in the news, but if you could show they did not follow the law they would be liable I think. As for the U.S. my guess (IANAL) would be that you'd have to get info about how they stored your data and what happened, and then prove their negligence, and who knows if there is even a precedent (groklaw?)

  10. I think Ice Cube said it best by kyoko21 · · Score: 2, Insightful

    It is a bit off tangent, but I believe Ice Cube said it best: Laugh now, cry later. It is the way both the House and Senate view the problem of ID theft. They aren't doing much to protect the consumers, and allow individuals to consume personal data through public records. They may laugh now while the votes are coming, but eventually we all are going to cry later when our personal information will be the gold nuggets of the Digital Western Frontier.

    1. Re:I think Ice Cube said it best by R2.0 · · Score: 5, Insightful

      Congress will care about it when a laptop full of THEIR personal data gets stolen.

      Just like the Jefferson fiasco - FBI busts down a citizen's door, it's strong justice; bust down a Congresscritter's door and it's a CONSTITUTIONAL CRISIS!!!!omgwtfbbq

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:I think Ice Cube said it best by MaverickUW · · Score: 2

      Well, to be fair, it is somewhat disconcerting to see the Executive Branch (FBI) busting down the door of the legislature (Congress) because of the implications on the balance of powers. An overly strong executive branch can be a scary thing.

      And who exactly is supposed to be policing congress anyway? This really isn't about seperation of powers in the end. Think about it. All Law enforcement comes down from the Executive Branch, so who is supposed to police congress?

      Put another way. Who is in charge when a major official of the executive branch is in trouble? Hrm, the legislature. That sounds like an implication of the balance of powers to me. In the case where one branch is doing something illegal, the other two are involved. Congress can impeach either members of the executive branch, or the judicial branch (I.E. Supreme Court members CAN be removed). In this case, with the legisative branch having troubles, the Executive will handle law enforcement as usual, and the judicial will handle any trials that result from this. Just because you make the laws doesn't put you above them

    3. Re:I think Ice Cube said it best by SQL+Error · · Score: 2

      Bzzt!

      They had a warrant.

      So it was the Executive plus the Judiciary taking on the Legislative.

      That's exactly how it's supposed to work.

  11. Not the best solution, but... by peacefinder · · Score: 4, Funny

    "Do we, as consumers, have any recourse against these businesses?"

    There's always the solution from Fight Club.

    Oops. I'm not supposed to talk about that. Forget I said anything, will ya?

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  12. Class Action Lawsuit would work. by spycker · · Score: 3, Funny

    Why don't you set up a website that collects information about those who have been actually hurt by identity theft and trace it back to its source company if possible. Then give that information to a land shark for a fee. You could make $200-300 thousand.

  13. Me too (twice even)! by RootsLINUX · · Score: 4, Interesting

    I've had my identity stolen twice. Once for UC Berkeley's "snatched laptop" that made the news a while back, and more recently a desktop from Georgia Tech. I applied to both schools (UC in 2003, GT in 1999) but attended neither. But they still held on to my personal information for their own convenience. Furthermore, I wasn't informed of the theft by either school until weeks after it had taken place (so in the mean time while I was unaware, my credit could have been destroyed). A few weeks ago, someone hacked into the UT Austin business school computers and snatched information from current and former faculty, staff, and students. A professor I am currently taking an intellectual property course with was talking about it and how he has all his info on fraud alert right now. The school negotiated with an identity protection service to offer him a major (66%) discount, but he's still paying something like $20 or $70 a year for this (I forget what amount he said exactly).

    Anyway to answer your question: IMO (and IANAL), the court would not force the 3rd party who's information was stolen to compensate your ID theft protection service, should you take it to a small claims court. However, if your credit record was destroyed as a result, I think you would have a better chance at winning some financial compensation for your case. So the best short-term answer I guess would be: put ID fraud alert on ASAP and unless you have spare time and a thirst for absolute justice, don't take it to court (although you could ask them nicely to compensate you, at least partially if not fully).

    The long-term solution here people, is to get a god damn law passed. This is absolutely ridiuclous how much this occurs, and its usually because of poor/inadequate/incompetent security on the fault of the 3rd party containing the info. I am actually very interested in proposing such a bill to our legislative branch, but I'm an engineer and a grad student, and I have little time to spare right now. If someone is interested in moving this forward, let me know about it because I would like to do what I can to be involved. I believe such a bill should cover:

    1. The circumstances under which a company/school/whatever may contain your personal information
    2. The length of time under which they may retain that information (with mandatory and permanent removal after a given period of time)
    3. A definition of the minimum necessary security measures a party must take when retaining another's personal information
    4. Explicitly stating to the person when they will retain their information, for how long, and what security measures they will take to protect it
    5. In the case of theft, if parts 1-4 are not satisfied, the party owes full monetary compensation for providing ID theft protection, and also granting the person the right to choose what ID protection service and what level of protection they want
    6. In the case of theft, if parts 1-4 are satisfied, the party owes a minimal monetary compensation for ID theft protection that meets certain stated requirements.


    How's that for a start?

    --
    Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
    1. Re:Me too (twice even)! by RootsLINUX · · Score: 3, Informative

      Damn, just after I posted this I realized I forgot to mention another part (which parts 5 and 6 are also dependent on in the same way they are dependent on parts 1-4)

      7. In the case of theft, any and all persons that may have had their information stolen in the theft must be informed within a 48 hour period upon discovery of the theft. No party may with hold or keep secret the theft any longer, or they are subject to further financial obligation to the victims.

      Of course "48 hours" is something I pulled out on a whim right now, and "all persons that may be effected" can be intentionally misinterpreted by a party. In reality, if one person's information was stolen, there is a non-zero chance that everyone else had the possibility of having that information stolen.

      --
      Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
    2. Re:Me too (twice even)! by Kadin2048 · · Score: 2, Insightful
      How's that for a start?
      It's a great start. All you're missing is about a billion dollars or so in cold, hard cash. That being roughly the amount of money you'd need to toss around Capitol Hill in order to buy enough politicians to ever have a shot at passing something when every financial institution, insurance company, and data-mining outfit in the country would be fighting it tooth-and-nail.

      Come to think of it, I doubt a billion bucks would be enough.

      I think this is going to be another area where the corporate interests are going to keep the problem happening for years to come, until it finally becomes such a screamingly big issue -- and right now it's not; "identity theft" is still a lot further down on Ma and Pa Kettle's radar screen than gay marriage and abortion and the war -- that the politicans honestly believe that they'll get thrown out of office if they don't support a protective measure against it. In any given year, the politicians (generally speaking) never pick more than a handful of issues which are popular with the people but unpopular with corporations, and nothing makes it onto that short list unless it's really, really obviously popular with a particularly critical demographic.

      Then, and only then, will you see a law passed. Until then, it doesn't matter what you propose, the companies who own your information and use it for their own profit will fight any change in the status quo that gives the consumer/citizen more rights, since it must necessarily come at some expense to them.
      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    3. Re:Me too (twice even)! by Tensor · · Score: 2, Insightful

      Easy ! lets steal all Senators and Congressmen info's and post it somewhere anonymously. Then i'd bet they start to care !

    4. Re:Me too (twice even)! by Kadin2048 · · Score: 3, Interesting

      In all honesty, there's something to that idea.

      A while back when it first came out that you could call up certain companies and for less than $100 get basically anyone's cell phone records, I remember that somebody did it to the Canadian Privacy Minister (or someone to that effect, I forget their actual title) and mailed the results to them.

      Short of actually tossing tons of money at them, that's probably one of the more effective means of influencing politicians on privacy issues: make them care by putting their privacy into question along with everyone else's.

      I wouldn't ever advocate anything illegal per se, but a lot of good could potentially come from a massive data theft of every member of Congress' credit histories and banking records (besides just finding out who's really on the take).

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  14. Don't be so quick to give it up by mr_stinky_britches · · Score: 3, Insightful

    Generally, it has been my experience that people are completely willing to give up very private information whenver demanded by a company or similar seemingly legitimate and authoritative entity. I encourage everyone to be more wary and careful about who they give their SSN to. Identity theft has become a rampant problem for many people all over the world. We have to wise up and Just Say No.
    --
    http://wi-fizzle.com

    --
    Censorship is obscene. Patriotism is bigotry. Faith is a vice. Slashdot 2.0 sucks.
  15. Sue them by WindBourne · · Score: 2, Informative

    Look; Go after the company for negligence. If they used Windows, then show that their useage of windows was irresponsible (it is). If they allowed an employee/contractor to take data that had your information on it, then sue them for not locking down the box or allowing it out in the first place. Sadly, congress is trying to pass laws that make these suits disappear. But if we go after them now, then as suits are won, the companies will actually start caring about the information that they so carelessly allow out. It would be nice if the CIO's could be held legally accountable for choices that they make without consideration to security.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Sue them by lannocc · · Score: 2

      Look; Go after the company for negligence.

      Their "cyberliability" insurance would probably cover that. The end result is their premium goes up. At what point does the expense of insurance outweigh taking the proper safeguards to protect consumer data in the first place? Either the protection (insurance) needs to cost a whole lot more or the punishment for negligence more severe. Perhaps if we start with the latter by declaring the proper criminal repurcussions we'll end up with higher (hopefully, much so) liability premiums targeted for those businesses that choose to not take data security seriously.

  16. But they got A's... by Anonymous Coward · · Score: 2, Interesting

    Notice, they did get A's for Reporting and Notification and Information Dissemination. So they can't be doing all bad.

    I would have given them an F for Loosing the F'ing Data in the First Place. But what do I know.

    The problem is outsourcing. And it doesn't matter to whom or where you outsource. Now Texas Guaranteed can say, "We followed out procedures, it's not our fault." I work with a couple people who want to outsource almost every function. Why, because you have someone else to blame when there are problems.

    Talk about taking no personal responsibility and stepping up and being accountable for yourself.

  17. Re:Prepaid legal by nacturation · · Score: 3, Insightful

    If you're afraid of your identity being stolen, Prepaid Legal can help.

    An MLM scheme will help me with my fears? Do they offer counseling to overcome these fears?

    I got modded down last time...

    No kidding. It's like all these free iPod sites -- you get modded down because you're just hoping people will join your MLM so that you can personally profit from their fears.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  18. You can place a fraud alert on your credit report by tlambert · · Score: 5, Informative

    You can place a fraud alert on your credit report. An initial alert does not require a police report, and lasts for 90 days. During this time, you may end up having to jump through additional hoops to obtain new credit.

    The easiest way to put an alert is to use the online form at Experian; alternately, you can call any of the credit reporting agencies to also set up an alert, if you want to do it by phone, instead.

    The direct link for the Experian site to do this is:

    https://www.experian.com/consumer/cac/InvalidateSe ssion.do?code=SECURITYALERT

    More advice available here for identity theft victims:

    http://www.consumer.gov/idtheft/con_steps.htm

    Hopefully, you will not need it.

    -- Terry

  19. Yep... by msauve · · Score: 5, Interesting
    unless they're making payments to my Social Security "account," (i.e. paying me on a W2) they don't get my SSN. Unless they're [i]required[/i] by law to report tax info, they don't get my Federal Taxpayer ID (which happens to be the same as an SSN). I even went after my employer for violation of their own "Employee Privacy Policy," for giving my SSN to a third party health care provider and forced issuance of an insurance card with a non-SSN assigned number.

    You [b]can[/b] do it, but it can also be a hassle, since you have to educate people (especially health care people, who seem to be clueless as a whole).

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Yep... by gumbi+west · · Score: 2, Informative

      The medical industry has $250,000 fines for breaches of medical data combined with a get out of jail free card from the administration. Examples include doctors just throwing out medical records. The sad thing about that is how many people had to know about that, and nobody said anything.

    2. Re:Yep... by autophile · · Score: 2, Interesting
      What was that story someone here told about a hospital that wanted an SSN in order to provide services? The government doesn't require a hospital to collect an SSN. But a hospital is also not required to provide services without one.

      It's the Golden Rule in operation. He who has the gold makes the rules.

      Not that I'm pro-information-abuse.

      --Rob

      --
      Towards the Singularity.
  20. What I've done by cimmer · · Score: 4, Insightful

    I've stopped worrying about whether or not my information is out there. Having been involved in IT security in the financial services industry for some time now, I know how haphazardly our personal information can be treated. Many company executives don't want to spend the money to turn already functional and profitable systems into secure data stores or the money to hire enough skilled security personnel as they are cost centers, not revenue producers.

    Instead I've gone on the defensive and assumed that my identity is already compromised. I coughed up $130 for 3 in 1 credit monitoring services (one of the big three credit bureaus has a two for one going if you call them. got a spouse?). I also keep close tabs on my credit and debit card activities, which doesn't require all that much effort since I cancelled all but 2 credit cards and my debit card. It means some money and time spent up front, but it's not too intrusive and it gives me a reasonable degree of confidence.

    As long was we maintain some degree of privacy, identity theft is here for the forseeable future. I'm not saying don't hold companies responsible. I am saying realize that many companies in control of your information will be irresponsible regardless of what they can be held accountable for and that it's a good idea to take some personal responsibility for protecting yourself.

  21. class action lawsuit by bunions · · Score: 3, Insightful

    This sort of thing is exactly why class action lawsuits exist. Find a lawyer, start one. Companies will do whatever is most cost-effective, so you simply need to make losing your private data expensive.

    --
    there is no need to sign your posts. this isn't usenet. your username is right there above your post. stop it.
  22. Health Care by skogs · · Score: 2, Interesting

    I second the healthcare problem as top on my list.

    My data has been lost 3 times in as many years...all by the wonderful work of healthcare related companies. Seriously...how hard is it. Just don't lose it. Better yet...don't store it in the first place.

    I've had to put watches on 'my accounts' with the credit reporting agencies myself for each one too. You know how irritating it is that I have to take a couple of hours out of my day to fix some other nimrod's stupidity induced problem? Makes me want to shoot somebody. And supposedly I'm on of the people in the psych evals that proves 'more stable than most'. If I want to shoot somebody then that must mean lots of other people ARE shooting somebody over this stupidity.

    --
    Who is this that even the wind and the waves obey Him? Surely this computer must submit also!
  23. Re:You can place a fraud alert on your credit repo by Bobzibub · · Score: 2, Insightful

    So why exactly is it up to the schmo to do this? Why not the company?

    Cheers,
    -b

  24. Recourse? by mfago · · Score: 2, Insightful

    No, not unless the american people elect a congress that gives a damn about something other than big corporate sponsors. That's the only reason I can think of why the US doesn't have a law that makes businesses responsible for safeguarding personal information. According to "free market" forces your SSN and credit history is only another product, much less something to be protected.

    I've been hit three times myself in the last 4 months. What am I supposed to do, sue three $50B corporations?

    Oh, and don't believe the neanderthals that tell you the free market lets you "vote with your business" -- not when everyone seems to be involved.

  25. Identity Theft Protection Act bill in the Senate by RootsLINUX · · Score: 2, Interesting

    Here is a link to two proposed bills on identity protection.

    One is dated July 14th 2005, while the second version is dated December 8th 2005. Get off your ass and call up your senator and tell them that you feel this bill should be passed into law to protect you as either a former victim, or possible future victim. Cite some recent examples of identity theft from the news. Tell them that this is more important to you as a citizen that they are supposed to represent, compared to whatever other "important agenda" they are talking about right now in the Senate (gay marriage, starting MORE wars with countries in the name of "freedom", etc). Don't just whine and complain because no one is going to want to listen to you. Instead, push and shove so that they will be forced to do something about it!

    (Cue Braveheart moment) - FFFFFRRRRREEEEEEEDDDDDDOOOOOOMMMMMM!!!!!

    Oh yeah, and don't forget to buy LOTS of stock in identity theft protect companies! Citizens will win, and irresponsible parties will lose!

    --
    Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
  26. Re:Maybe... by cimmer · · Score: 4, Informative

    A sampling of "crappy organizations" that have lost sensitive peronal information of their clients in the last couple of months:

    Ernst & Young
    Humana
    AIG
    Union Pacific Railroad
    The State of Colorado
    The State of Oregon
    The State of Minnesota
    Hotels.com
    University of Miami
    University of Kentucky
    Miami University of Ohio
    The YMCA
    The Red Cross
    The Department of Energy
    The IRS
    The Veterans Administration
    The IRS

  27. Its not your data, bub. by xkr · · Score: 3, Insightful
    Under the law, it's not your data, it's theirs. Yup. Absolutely 100% true. Whoever collects data, owns the data. There is no legal basis whatsoever that information about you is owned by you, but for two exceptions: (1) Conversations with your lawyer are privileged, and (2) medical information. So, except for the lawyer and doctor lobby, you are hosed.

    Would this be a good time to put in a plug for a constitutional amendment that extends personal property rights to personal data?

    --
    I will create a sig when innovation restarts in the U.S.
    1. Re:Its not your data, bub. by ErrorBase · · Score: 2, Informative

      Just like it is in Europe, my personal information is mine and I can request removal from the database (except for some special cases) and the maintainer of the database will have to comply with a written statement within two days, and can only charge a reasonable amount (iirc less than 10Euro) for it. Can you imagine the upset Europeans feel for the fact that almost every tiny bit of information has to be send to the government of the United States when we enter the country. (especially with the 'proven trustworthiness')

  28. Sue the credit reporting agencies for libel by DamnStupidElf · · Score: 2, Insightful

    If a credit reporting agency falsely claims that a person has gone into massive unpaid debt when actually they are the victim of criminal theft, the credit reporting agency should be liable for damages (denied loans, higher interest rates, pain and suffering) due to their libel. I think even the threat of a class action lawsuit based on these grounds would significantly clean up the big credit reporting agencies' act.

  29. Credit freeze under fire by greeneggs2000 · · Score: 5, Informative
    Don't worry, Congress is on the case. Republicans are trying to overturn state laws protecting against identity theft. Overriding the California law is particularly important, even to people who don't live in California -- it is the California law which has forced companies to disclose identity thefts in the first place (they have to disclose thefts involving Californians, but that's most of them).

    Credit Freeze Under Fire

    'The so-called Financial Data Protection Act of 2006 (HR3997) would also weaken state laws requiring disclosure of security breaches. In California, businesses must notify people if their personal info "was, or is reasonably believed to have been, acquired by an unauthorized person."

    'Under the proposed federal legislation, such disclosure would have to be made only if a company determines that a security breach "is reasonably likely to result in harm or inconvenience" to individual consumers.

    '"Basically, the company would have to know that you're a victim of identity theft before it needs to tell you that you could be a victim of identity theft," said Ed Mierzwinski, director of the U.S. Public Interest Group's consumer program in Washington.'

    1. Re:Credit freeze under fire by Rick17JJ · · Score: 3, Interesting

      Another critic of that proposed law is Consumer advocate Clark Howard. His article is here:

      Contact your reps over credit freezes

      According to his article, 23 states now have credit freeze protection laws. The proposed law in congress would essentially invalidate all of these state laws. After reading both the article you mention and his, it sounds to me like congressmen LaTourette and others are more concerned about the wishes of large financial institutions than protecting average consumers. The article you mentioned says this:

      For their part, financial institutions tend to dislike credit freezes because such measures serve as an impediment to easy plastic and impulse purchases (such as expensively financed new cars).

      What I find particularly troubling about the issue of identity theft is the question of "Why is the burden of proof always on the average consumer?" Identity theft victims can spend months trying to convince angry creditors that they really never did open those new charge charge card accounts. Shouldn't it be the financial instition's problem for failing to properly verify the identity of the person they granted credit to? The fact that an applicant knows a few basic facts such as a social security number and a mother's maiden name does not even begin to prove that they are who the say they are. If congressmen LaTourette and others don't like credit freeze laws then they should find some other methods of protecting identity theft victims before eliminating those laws. Congress seems more concerned about the interests of big business lobbyists and their campaign contributions than about identity theft victims.

  30. US made mistake by issuing SS numbers by happylucky · · Score: 2, Interesting

    The problem is the social security number. It sure made it easier for creditors to track people but it has set everyone up for identity theft. Creditors would be a lot more careful handing out credit if all they had was a name and birth date. It would also lower the cost of every THING.

  31. Why isn't this the default? by Anonumous+Coward · · Score: 2, Insightful

    You can place a fraud alert, valid for 90 days, which will cause credit institutions to check who they give their money to before doing so. Is it just me, or is there a touch of surreal in this?

    Anyway, the obvious thing to do is to put yourself on fraud alert *before* your ID is stolen, not after. And keep the alert updated at all times. This is the easy way to bounce back the cost of carelessness to those that should be careful to begin with, banks and other credit institutions.

  32. Best solution is... by Dark+Coder · · Score: 5, Insightful

    Make the Social Security Number public to EVERYONE.

    That's right, cat's out of the bag. Can of worm has been opened. Too late.

    Ban use of Social Security Number as an identifier, except for Social Security, like it was supposed to be in the first place.

    Each business entities must use their OWN issued numbers.

    Wide-reaching Identity Theft Containment problem limited to just the affected business.

    Now, it is time to look into three-way public keys to ensure that consumer data is not misused:

          1. Merchant/Business/Corporation
          2. End-user/User/
          3. Arbitrator/Government

    With keys signed by each other in 3-ways, secured identification and security of data compartmentilization has been greatly enhanced.

    Each and every transaction is signed, sealed and delivered by all 3 parties.

    Now, let's get an infrastructure going on this...

    Even Bruce Schneier agrees to this.

    1. Re:Best solution is... by Maximum+Prophet · · Score: 2, Insightful

      Ban use of Social Security Number as an identifier

      It's not really the use as a password that's the problem. It's that organizations use it as a freaking password!

      While Spafford has demonstrated that regular password changes add nothing to security, to use a fixed unrevocable number as a password is beyound stupidity. You have to be able to tell the world, "my password has been compromised, please re-authenticate."

      Most companies use your name as an identifer, even though it's non-unique. They'll throw in something else like address to make it unique, but even that isn't enough. I know a guy who was arrested after using his credit card, because his father had reported his lost, and the guy and the father shared the same name and mailing address.

      In order to stop fraud, companies do need a way to uniquely identify people so that when I deposit money into a bank account, no one else can get that money out, but I can still walk into a branch where they've never seen me and get my money. Allowing banks to share whatever unique identifers they have helps to prevent fraud. You are absolutely right that a public key infrastructure would be the way to go. If would have to be extendable, so that as computing power and storage grows the keys could be grown without major action on the user's part.

      The US post office had a plan to offer people public/private keys that they would get by showing up in person at any post office. These would be revokable keys and they could be used to get services without actually giving away any privacy. If you commited fraud, the USPS, with a court order, would release the keys, and everyone would know who you were. AFAIK, the project was shelved. In pretty sure the plan at the time was to use floppy disks, with USB keys, it could work well.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  33. "Get over it" and serve your masters by Anonymous Coward · · Score: 4, Insightful

    Yeah, you've got no privacy, but that's not cause to "get over it." The reason you've got no privacy is that you are coerced into giving up your private information -- coerced by government identity-tracking, supposedly for tax purposes but far, far expanded; coerced by effective cartels, like the credit and banking industries; and coerced by laws which support those cartels in their demand for your private information. You don't even have a choice, unless you want to live as a hermit, and at an incredible economic disadvantage.

    Having no privacy isn't the problem in itself; the problem is other people exercising control over you with that information. Don't "get over it." Stand up to it.

  34. Hi, my name is Lizzy Fair by Travoltus · · Score: 4, Funny

    In the name of the Libertarian Party, I would like to speak on this issue.

    I'm appalled by all the anticapitalist rhetoric that is being spewed on Slashdot regarding the corporate use of your personal information and the occasional leak of your SSN into the wrong hands.

    You people talk like you want absolute ownership over your personal information. Like you want a corporation - an entity that only exists for the purpose of maximizing net profit - to take responsibility for handling your personal information. Then you'll be holding them liable for mishandling your info. Do you realize what damage this will do to corporate profits?

    That utterly reeks of communism. What's next? Treating your personal information as your own property to be handled on your terms and not theirs? Heck, if we follow that line of reasoning, the Government will have to intrude even further into our lives and implement a law to treat personal information brokers like Choicepoint and Unicru as potential data pirates. I can see it now: the Digital Millenium Privacy Act.

    Corporations made America, and now you pink commies are about to create a kleptocracy in the name of your overzealous attack on public access to personal information. Sheesh.

    [...end Right wing parody]

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:Hi, my name is Lizzy Fair by DarkIcon · · Score: 2, Informative

      First off, yes I do recognize the parent post as a parody, and yes I do have a sense of humor. I found it somewhat amusing... but misleading in its intent.

      I am a conservative libertarian. I subscribe heavily to libertarian thought and philosophies... and while I can't speak for the Libertarian Party (with whom I disagree on several issues), I CAN say that your parody of what libertarians stand for is way off base. So in the interests of people who don't know much about libertarians and might be confused:

      Libertarians are not corporate whores. We believe in personal responsibility, which also extends to the level of corporate responsibility. The collection of personal information without my knowledge is a breech of trust, though not necessarily illegal. It's commonly accepted that the collection and controlled distribution of personal information is necessary to facilitate the modern marketplace. Whether this is the actual case or not is up for debate (I'd vote no), but a lot of people think it is, and so the marketplace proceeds as if it were true. Yes, you have the choice not to give out any personal information... if you want to live in a cave. These days you can't even rent a movie without handing over some information that will eventually be used to market crap to you. Such is life until we decide to change it. Like it or not, that is the marketplace as it stands today, and none of it is illegal unless that information is collected by force or fraud (which it IS in some cases). According to libertarian philosophy, the government has the right to protect the marketplace from force, fraud, or other criminal activities. I consider the mishandling of personal information to be a gross negligence that is well within the government's field of concern and that should be punished by law even if it does not cause me harm. No, the government doesn't necessarily need to regulate anything (and I would be against such regulation on principle)... the courts just need to put the hammer down when somebody pulls a Choicepoint. Put it down hard... not just a slap on the wrist. Some of these companies shouldn't even exist right now. That is the opinion of a real, conservative libertarian. Not quite how it was parodied, eh?

      Now that I've said that, watch the Libertarian Party come out and say something stupid...

      --
      Dark Icon
  35. Class action lawsuit waiting to happen. by Jtoxification · · Score: 2, Insightful

    No excuses. The worst are the companies that advertise their Identity Theft Protection Service for $13.00 a month in their very own letter of apology to the victims (like mine, and yes, sadly it was authentic) when they should offer a free lifetime subscription due to the heinous nature of the offense. Who wants to look forward to some idiot attempting to sell all assets 5-15 years down the line? So now "Identity Theft Protection" is the most important service to have, a service that you wouldn't have needed if the original company had done its job correctly? You've got built-in customers if you simply "lose" some files - that's so sick - that stuff needs to be protected with potent cryptographic schemes or a new identity scheme needs to be created immediately!

    --
    --I gots 99 problems but a new machine ain't one!
    AMD! Asus! Whoot! 6 years!
  36. I can give you every SSN right now: by Atario · · Score: 2, Funny
    Pseudocode:
    for A = 0 to 999
      for B = 0 to 99
        for C = 0 to 9999
          print AAA-BB-CCCC
        next
      next
    next
    The names part is left as an exercise for the reader.
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  37. SOX is about accounting by Opportunist · · Score: 2, Informative

    Not about employee blunder.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  38. Credit Card companies make money on fraud! by tres3 · · Score: 3, Insightful
    That's right, when a card is fradulently used they charge the purchase back to the retailer. That way they get a transaction fee on the original sale and then a bonus transaction fee when they carge the retailer for the fraud that they allowed to happen. The trick to wiping it out overnight is make the fraud cost the credit-card company money. As it stands now they have absolutely no insentive to do much about it. Did they not issue the fradulent card to someone other than you after your identity is stolen? Do they have no responsibility to verify the information they receive? Do they not have a responsibility to the retailer to honor debts that they authorize? (Well not really, that's what the merchant agreement is for. You don't like it? Don't accept credit cards.) It is no wonder that the most profitable industry last year was the banking/finance industry. It is also no wonder that they contribute the most to the politicians. On one side they change the bankruptsy laws so you can't get out of debit and start over and on the other they are pushing off the responsibility to the merchants as much as possible too. More reading:

    http://www.smithfam.com/news2/july02a.html
    http://www.answers.com/topic/credit-card-fraud
    One of the two (answers/wikipedia) plagerized the other. ;-)
    http://en.wikipedia.org/wiki/Credit_card_fraud

    Make the credit card companies take responsibility. Make it them that has to pay for fraud and the situation will rememdy itself overnight!

  39. Look at the EU Directive? by Logi · · Score: 2, Informative

    The long-term solution here people, is to get a god damn law passed.

    A starting point might be the EU Directive on Privacy: http://www.cdt.org/privacy/eudirective/EU_Directiv e_.html

    Somehow all this trouble with identity theft seems to be a uniquely US problem.

    The EU directive establishes rules for:

    • how much data can be collected on private persons (as little as possible)
    • how long it may be kept (only as long as needed)
    • whom it may be given to (nobody)
    • guidelines for technical measures to be taken to protect any personally identifiable data collected (stringent - believe me, I worked on fulfilling this for decode genetics and their fabled genetics database)
    • a national agency to monitor that these rules are followed

    But that's really only half the problem. The other, and in my opinion more serious, problem is that this information should be of financial value at all. There simply should be no way to set up a line of credit or make other financial use of an SSN and your mother's maiden name. It's, frankly, preposterous that this is the case.

    --
    Logi - I can do anything, but not everything.
  40. How did we get here? SSN as private information? by stuartg · · Score: 4, Interesting

    I don't hate the stupid companies who loose SSN numbers, instead, I'm bothered on how we as a country got into this mess into the first place.

    I helped my parents this last week with a garage sale. During the sale, my mom noticed that an old table for sale had her SSN engraved in the wood! Why? Because back in the late '70s early '80s, the local police department told citizens to put a SSN on your assets in case they were stolen (Ironic, Eh?). She spent 20 minutes frantically trying to rub out her ID, she was visibly shaken.

    OK, I understand the need to pass SSN/Taxpayer ID information between the Social Security Administration, IRS, Banks/Credit Unions, and your Employers.

    The real problem is that there are so many other business segments who need to validate your identity, that they have piggy backed usage of the SSN as the de facto form or Identity verification. This is the real segment that needs to change their behavior!

    • Companies like Comcast who insist on the last four digits of my SSN to call the help desk?!?!
    • Universities who use the SSN as a student ID number.
    • and most importantly, Credit reporting agencies who base consumer credit scores on unverified data.

    I mean, how hard is it to go into the local Car-Toys, order a bitchin' stereo on zero money down, and forge the credit application with a stolen SSN and other personal info? And the problem is not just limited to your SSN! Your credit card number(s) have the same problem. If you know the number, expiration date, and Security code on the card, that's all it takes for many purchases over the phone or internet.

    The real problem in our modern society is identity verification. Anyone who has ever forgotten a password to a website (what is up with all the different password complexity rules?), everyone who has ever wondered if that waitress is taking so long is because she is ordering a new dress from Victoria's Secret on your card, and everyone who wondered why their bank insists on a utility bill to verify your place of residence due to a clause in the "Patriot Act". You know what I'm talking about.

    IMHO, what we really need in this country is not a credit score, but an identity score for identity(ies) that are independent from our SSN/Taxpayer ID (not government controlled, sorry). If I purchase a candy bar with a credit card, the level of identity verification required is low, if I purchase a new car with a loan, then I suspect the level of identity verification would be much higher! The credit score should be weighted against the integrity of the identity given too. If someone fills out a credit application with just a name, address, and SSN, then the chance for fraud is high, and the integrity of the information is low. If the person supplies a trusted smart card certificate, with a complex PIN, along with some other kind of biometric data, then the integrity is much higher.

    <Sigh...>

  41. I agree by Ogemaniac · · Score: 2, Interesting

    Either the cat is all the way out of the bag, or it is close to being so already. I just operate under the assumption that someone with the desire to can find such information about me and use it to his or her advantage.

    People need to quit worrying about stuffing genies back into bottles and learn to adapt. Government, businesses, and credit agencies need to learn to adapt, as well.

    Yes, you lazy schumcks, this means you actually have to read your bills and check your credit report occasionally.

  42. WTF! by Chanc_Gorkon · · Score: 2, Insightful

    WTF are people thinking?? I have a corporate laptop myself and there is NOTHING on it. No files with hundreds of names and SSN's on it. NOTHING. I could totally SCREW my hard drive and would loose nothing of value to the company. I could have my laptop stolen and there would be NO data of value to anyone on it(go ahead....take my pictures, I don't care). Anytime I need to work, I remote desktop to my desktop which, other then non secure departmental info, has NO COMPANY RECORDS ON IT! Granted, we have no policy that specifies what is ok and what is not ok. The problem is usually NOT the computer guys in this situation....it's clueless users trying to do a little work at home and WHUPS.....the laptop gets ganked....

    Few things....

    1. Treat the laptop like it's your own. Make sure it's always in a safe place. If you have to park in a shady area, take it with you.

    2. If you absolutely MUST have data on the laptop, it should be corporate policy that the file is encrypted and passworded. The compny needs ot invest in security software. Maybe something that trashes the file once the password has been entered incorrectly more then 3 times.

    --

    Gorkman

  43. Don't give it. by nuggz · · Score: 2, Informative

    In many cases the organization doesn't need the information, so don't give it.
    Make it illegal for them to ask.
    FYI it isn't clearly illegal to ask for a SIN in Canada. But organizations can't collect information unless they have a legitimate reason to use it.

    http://www.privcom.gc.ca/cf-dc/2001/cf-dc_011105_0 2_e.asp
    http://laws.justice.gc.ca/en/p-8.6/258076.html see 4.4.1

    That same law has a series on data protection, and your right to see the information they hold. A little vague, but I think the intent is clear. It would be interesting to see how many cases have proceeded.

    I would like to see them add a notification requirement.

  44. Re:Automatically Erase Data Base by Ihlosi · · Score: 2, Insightful
    With the high visibility of the rash of incidents of Laptop thefts lately, I read an article, I think it was here on Slash Dot, of a couple of companies that produce a software product that will erase the sensitive data upon receiving a special erase phrase or code via the InterNet.



    So ... a mechanism that relies on the stupidity of the thief ? No thanks, even though it may work in some cases.


    Encryption will do the job without requiring the thief to be phenomenally stupid.

  45. The real problem... by iolaus · · Score: 2, Insightful

    It seems the root of this problem is identity thieves and the credit companies that will hand out credit to people with no waiting period and minimal identity checks. Do people REALLY need to go into Best Buy, apply for a credit card, and have a $5,000 line of credit to use immediately? Wouldn't it be worth the inconvenience of waiting a day or two for credit approval in order to nip the massive identity theft problem in the ass? It basically comes down to the greed of the credit houses, the greed of the stores and banks giving out the credit cards, and the greed of the assholes actually stealing other peoples identities. If congress would start holding the credit companies and stores giving credit to task in cases of identity theft (instead of just letting them harass the hell out of innocent people) I think we'd see a sharp decline in the number of identity theft cases. Then, just for icing on the cake, why not make create some police task forces that deal strictly with identity theft cases and make the crime itself have some incredibly severe punishment (after all, you are stealing someone else's LIFE!).

    Anway, that's my rant for the day.

    --
    I find laziness to be an excellent motivator.
  46. Guaranteed? Right by Keyslapper · · Score: 2, Interesting

    Seriously, you say they informed you this contractor had your name and SSN on their computer (obviously an insecure computer)? The question I would ask of the loan provider is WHY did this contractor need your SSN?

    And I would most certainly not settle for the canned response of "they required your information to carry out value added services available with your account". That's bull, they only need an account number, which should NOT be the same as your SSN. Even the Fed finally figured this one out - it is now prohibited by federal law for new driver licenses and renewals to be issued with the licensees' SSN on the license, as my wife just found out when she renewed.

    This loan provider should have a very good reason for handing out your SSN to anyone. I suspect that if you checked, every phone support person at your loan provider - in fact, everyone with access to any records with SSNs - is bonded. If it turns out they unnecessarily handed out your personal info, I'm sure it would be of great interest to the agency that bonded their employees. If this contractor is not bonded, you're looking at an opportunity to make sure the midden hits the windmill. Look up this contractor at the Better Business Bureau, and see what else you can find out. Call them if you can and find out about their bonding status; ask what measures they take to secure personal data, etc.

    This would also be of great interest to your states Attourney General.

    Following up on this to that extent is probably a great deal of hassle on your part, but keep in mind, it will almost certainly affect your ability to buy a residence in the future, whether you get things corrected or not.

    Good luck with that.

  47. You get the feeling... by krewemaynard · · Score: 2, Funny

    ...maybe we should go ahead and just post all our personal info on the web ourselves, and save these idiots the trouble? "Haha, nothing to steal now, b17ch3z!"

    --
    I saw it on Slashdot, it must be true!
    1. Re:You get the feeling... by jdbartlett · · Score: 2, Funny

      I thought that's what monster.com was for?

  48. Re:Way too much power by TheGreek · · Score: 2, Informative
    A friend of mine just had auto insurance rates go up because of credit card debt. Tell me how that affects your driving record?

    Insurance isn't so much about punishing you for bad behavior as it is about trying to price itself based on what you're likely to do during the policy term. There's a lot of research that has shown this to be overwhelmingly a sound practice. From Insurance Information Institute:
    Insurance scores are confidential rankings based on credit history information. They are a measure of how a person manages his or her financial affairs. People who manage their finances well tend to also manage other important aspects of their lives responsibly, such as driving a car. Combined with factors such as geographical area, previous crashes, age and gender, insurance scores enable auto insurers to price more accurately, so that people less likely to file a claim pay less for their insurance than people who are more likely to file a claim. For homeowners insurance, insurers use other factors combined with credit such as the home's construction, location and proximity to water supplies for fighting fires.

    Insurance scores predict the average claim behavior of a group of people with essentially the same credit history. A good score is typically above 760 and a bad score is below 600. People with low insurance scores tend to file more claims. But there are exceptions. Within that group, there may be individuals who have stellar driving records and have never filed a claim just as there are teenager drivers who have never had a crash although teenagers as a group have more accidents than people in other age groups.

    Most people benefit from insurance scoring because most consumers manage their debt well and therefore have good credit scores. Credit-related activities within the last 12 months are given most weight.
  49. Negligence by Sunny7L · · Score: 2, Interesting

    At the very least it's negligence.

    I received this same letter and ranted and raved about it. . . I'm still pissed.

    I don't see why the media isn't outraged yet, despite that they report these stories they just gloss over them like it doesn't matter. And then they obsess over the horror of identity theft and what WE can do about it. All of our efforts are mute when the a$$hole companies/agencies are just handing data out.

    I do believe that, at a minimum, 10% of my loans should be forgiven as recompense.

  50. A Chronology of Data Breaches by Jake+Ease · · Score: 2, Informative

    The Privacy Rights Clearinghouse keeps a list called "A Chronology of Data Breaches Reported Since the ChoicePoint Incident." That list shows over 200 incidents reported in the last 17 months, totalling over 88,000,000 breaches.

  51. When a hospital asks for your SSN... by msauve · · Score: 3, Interesting

    what they're really asking for is your health insurance account number. The vast majority of insurance plans use the SSN as an identifier, although that is slowly changing. If you have a non-SSN account number, they're typically also 9 digits. When they ask for your SSN, just give them that 9 digit number. If you try to explain or argue, they get confused.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  52. DO something when this happens to you. by Feebleminded_Genius · · Score: 4, Interesting

    [shameless showoff plug] I work for an insurance company that handles large ammounts of personal data who, contrary to the current trend actually cares about data security on our laptops. I am absolutely an advocate of holding companies responsible for data theft, particularly given the options available to safeguard against it. We recently implemented hard drive encryptions software, and the implementation start to finsh took less than 2 months. It was a rediculously easy step to add a solid layer of security in the event that a laptop is stolen. The fact that this is not more widely adopted points to laziness and indifference on the part of corporate America. [/shameless showoff plug] What disturbs me as much as the frequency in which this "data loss" happens is the growing attitude that people should react to this merely by putting a hold on their credit and waiting it out. For the love of God people, when this happens to you STOP DOING BUSINESS WITH THESE INSTITUTIONS. By simply waiting it out, you are sending the message that security of personal data really isn't that important. Where's the benefit for profit-churning corporations to change their security model if loss of data does hurt them in any way? Now, if people started fleeing from companies that lost their data, then the message to rich execs would change to "Hey, if you customer data gets stolen, you will lose market share." That is guaranteed to produce a reaction. Pass the laws, avoid companies that don't secure their data, and we may actually be able to change something here.

  53. a solution... by SupremeDiety · · Score: 2, Funny

    keep your credit rating low. like i do.

  54. Data Protection Act? by jimicus · · Score: 2, Insightful

    The UK (and, I believe, most of the EU), has a Data Protection Act.

    Briefly, this states that data must be:

            * fairly and lawfully processed;
            * processed for limited purposes;
            * adequate, relevant and not excessive;
            * accurate and up to date;
            * not kept longer than necessary;
            * processed in accordance with the individual's rights;
            * secure;
            * not transferred to countries outside the European Economic area, unless there is adequate protection.

    Does such a thing really not exist in the US, an economy where information is king?