Data Theft Notifications - How Soon is Too Soon?
bsdbigot asks: "I started getting a bunch of stock-tout spam in the last month or so. The other day, I happened to look and see it was coming in to an email address I had dedicated to my online trading account account. I've spoken to the online trading company, and I've given them the info on these spams. It turns out there is an 'ongoing investigation,' which includes 'outside agencies,' but they stop short of saying that there is any theft or breach. How soon should such a company let its customers know that their data has been compromised? Should they wait until they have all the details and have plugged the breach, or should they let customers know that there is a possible problem as soon as they recognize it?"
"Personally, I believe a security breach has occurred. So, I asked them how many people are affected by this; they feel certain that it's an isolated problem, because they haven't received a deluge of complaints. They don't know how these spammers got my reserved email address from my online broker (but they didn't sell it, they are quite clear on that), so how can they be so certain it's not their entire database, and how can they be so sure that things like my SSN and bank routing information wasn't also stolen?"
They should do more to keep it from happening in the first place. Seriously, there's a new breach at some major corporation or government office every other week or so. It's ridiculous.
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Lock it down. Cancel the email account and have any attached credit cards cancelled/changed. Change your checking account number. Keep thorough records and dig to find recent bank statements, etc. This can be a huge hassle.
File complaints with the federal and your state Attorney Generals against the trading company immediately. Consider a 6-month paid monitoring service from a major credit reporting bureau. Both the feds and your state will have advisory hotlines. IANAL and slashdot is not the place you want to go for this kind of information. Basically, don't fsck around if you think anything has been compromised.
I've been there, and these steps cost me a few dollars but saved me tens of thousands. Overseas types are pretty damned creative with your numbers. paranoid != not out to get you.
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As soon as it becomes public knowledge that they've got a vulnerability somewhere, the number of people poking around their interface attempting to stumble upon that hole (or other ones) will skyrocket. Better to fix known problems before they essentially invite the community to look for chinks in their armor. That said, as soon as any known holes are patched, they should inform the affected users; or, if they can't determine whose information was nabbed, they should alert all of their customers.
Keep in mind that no matter how suspicious the circumstances, unless you use that email address solely for your brokerage account, there's really no way to prove a connection unless the company admits it. A friend of mine started playing online poker, used his email address to sign up for the site, and doesn't get any poker spam. A week or so later, his wife started getting a ton of poker-related spam at her email address. It's just a coincidence, though it's about impossible to convince her of that.
I've seen a huge uptick in stock spam lately, across the board (I have a number of email accounts and only one of them is tied to a brokerage). Maybe you're just on the same spam lists
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Here's my story, it meanders off-topic but I think it is worth posting as an example of another kind of data breach, one caused by corporate greed:
Like the article-poster I'm one of those guys who uses individualized addresses for each online entity they deal with, as in slashdot thinks my email is slashdot@mydomain.com, amazon thinks it is amazon@mydomain.com and etrade thinks it is etrade@mydomain.com - those examples are simplified for illustrative purposes.
A while back, before the bubble burst, I dabbled in some options trading in my etrade account. Therefore, Etrade's marketing department decided that would make my contact information something they could sell to the CBOE and I started getting bi-weekly spam from somebody on behalf of the CBOE trying to sell me all kinds of bullshit options information -- all sent to my etrade-only address.
After about a year of that crap, it finally stopped on its own. But then I started to get spam from the same mailing-list operator that the CBOE had used, but this time they were promoting other brokerages like TD Waterhouse, and most recently "TradeKing" which seems very questionable.
Whenever I get one these brokerage spams, I have to laugh. Etrade breached my privacy to make a buck or two and I'm sure they did the same thing to tens of thousands of other customers. But the end result is that their competition now has a confirmed mailing list of etrade customers, and the stupid greedy bastards GAVE it to them.
I've since opened an account with TD Waterhouse (aka Ameritrade) and make most of my trades through them, in part because of etrade's callous treatment of my privacy. I wonder how many others have done the same...
When information is power, privacy is freedom.
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"I started getting a bunch of stock-tout spam in the last month or so. The other day, I happened to look and see it was coming in to an email address I had dedicated to my online trading account account. I've spoken to the online trading company, and I've given them the info on these spams. It turns out there is an 'ongoing investigation,'
Is the trading company called Ameritrade by any chance? They got a leak problem, maybe an insider job. Look at this thread on spamgourmet (an anti-spam site that I help with): http://bbs.spamgourmet.com/viewtopic.php?t=81&star t=60
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Ameritrade/TD-W also let its email addresses out, too. My specifically-for-Ameritrade email address got vanilla (same type as my other accounts; not investing at all) spam. So I changed it. Again.
DT
Is this thing on? Hello?
In the banking industry, the applicable regulation is fairly strict... the institution must "promptly" notify customers of a material breach and there are relatively few loopholes. So if your broker or whoever was part of a bank, then this would apply. However, if your e-mail address was all that was compromised, they don't really need to notify you. By definition, e-mail addresses are not private information, any more than your physical address is. A number of states, notably California, have privacy laws that can be invoked, but the trigger for a material breach is usually the compromise of a combination of personal identifying data such as name and address (including e-mail addresses) and sensitive nonpublic personal information such as login credentials, account numbers, etc. You might see whether there is a law in your state that applies.
#!
So, according to Bill AB 424 in the Great Sovereign State of California, any company negligent in the protection of customer identity data must immediately inform the offended party upon being made aware of the breach.
:)
I understand that there have been several attempts to leverage that law on behalf of US citizens who can't afford to live in California (us poor, ol' east coast folks!) to require major corporations transacting any business in California to immediately disclose based on that law.
I'm sure there's jurisdictional issues, but there's at least some chance in hell that virtue jurisprudence will prevail.
Anyone with an actual Litt.D, SJD, or otherwise more qualified care to add fact to my hype and speculation?
"Adventure? Excitement? A Jedi craves not these things."
How soon should such a company let its customers know that their data has been compromised?
that depends, how long does it take to finance a new ferrari and a yacht to ship it out of the country?
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I bought a CD from an online store a few years back. They got hacked, and customers' credit card numbers were stolen. I got a call that same day from the store, saying that they were aware of a problem and that I should take measures to protect myself. I really appreciated that. I have gone back to them several times, because of their honesty with me, and also because of the borderline-paranoia about security that follows a successful attack/theft.
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Whether or not this results in the answer to your question (how long notification should be given), at least this is a step in the right direction for some centralized thinking instead of everyone doing it on their own.
The trading company might also have given out the address voluntarily (and now doesn't want to admit to that) or it could be a lucky guess of the spammer (maybe a dictionary attack of sorts). I know they used to try use commonly-used nicks on my domain for a while. (Then I turned the catch-all off...)