<?xml version="1.0" encoding="utf-8"?><feed xmlns="http://www.w3.org/2005/Atom" ><generator uri="https://jekyllrb.com/" version="3.9.5">Jekyll</generator><link href="https://privacycrashes.privacytestdriver.com//feed.xml" rel="self" type="application/atom+xml" /><link href="https://privacycrashes.privacytestdriver.com//" rel="alternate" type="text/html" /><updated>2024-07-16T21:46:50+00:00</updated><id>https://privacycrashes.privacytestdriver.com//feed.xml</id><title type="html">Recent Privacy Crashes</title><subtitle></subtitle><entry><title type="html">Cyberinsurance and Small Business: when does it make sense?</title><link href="https://privacycrashes.privacytestdriver.com//blog/2024/06/29/small-business-cyberinsurance.html" rel="alternate" type="text/html" title="Cyberinsurance and Small Business: when does it make sense?" /><published>2024-06-29T00:00:00+00:00</published><updated>2024-06-29T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2024/06/29/small-business-cyberinsurance</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2024/06/29/small-business-cyberinsurance.html"><![CDATA[<p>As a data privacy expert who have spoken in a few                 <br />
conferences, I sometimes need a break. One of the ways for me to clear my
mind is participating in non-cybersecurity professional events. 
Recently, in one of such events, I
ended up engaged in an enlightening discussion with the owner of a 
legal firm right here in North Carolina.
Our conversation eventually led to the aspects of data security and privacy as
applied to lawyers, which in turn led to a simple question: does a business
need cyber insurance? It turns out the right answer is “it depends.”
Let’s talk about it.</p>

<h2 id="is-cyber-insurance-legally-required-for-law-firms-in-north-carolina">Is Cyber Insurance Legally Required for Law Firms in North Carolina?</h2>

<p>There is no specific legal requirement for law firms in North Carolina to carry cyber insurance. However, certain laws mandate the implementation of reasonable security procedures to protect personal information. These include:</p>

<ul>
  <li><strong>North Carolina Identity Theft Protection Act (N.C. Gen. Stat. §§ 75-60 to 75-66)</strong>: This law requires businesses to implement and maintain reasonable security procedures to protect personal information. While not mandating insurance, it creates a duty that cyber insurance could help address.</li>
  <li><strong>North Carolina Consumer and Customer Information Privacy Act (N.C. Gen. Stat. § 75-65)</strong>: This law mandates businesses to notify individuals in the event of a data breach.</li>
</ul>

<h2 id="potential-costs-of-a-data-breach-for-a-law-firm-in-north-carolina">Potential Costs of a Data Breach for a Law Firm in North Carolina</h2>

<p>The costs associated with a data breach can be substantial, particularly for small law firms. While specific North Carolina data is limited, national reports provide insight:</p>

<ul>
  <li>The <strong>North Carolina Identity Theft Protection Act</strong> mandates businesses to notify affected individuals in the event of a data breach, which can be costly.</li>
  <li>According to a 2023 IBM report, the average total cost of a data breach in the United States is $9.48 million. For small businesses, the average cost is $3.1 million as reported by Hiscox in 2023.</li>
</ul>

<h2 id="average-cost-of-cyber-insurance-for-a-small-law-firm-in-north-carolina">Average Cost of Cyber Insurance for a Small Law Firm in North Carolina</h2>

<p>Though specific data for North Carolina law firms is not available, general data provides a useful benchmark:</p>

<ul>
  <li>The average cost for small businesses is approximately $1,740 annually for $1 million in coverage with a $10,000 deductible.</li>
  <li>Law firms, considered high-risk, may face higher premiums. Costs can vary significantly based on factors like firm size, types of data handled, and security measures in place.</li>
</ul>

<h2 id="specific-north-carolina-laws-governing-data-protection-for-law-firms">Specific North Carolina Laws Governing Data Protection for Law Firms</h2>

<p>Key North Carolina laws that govern data protection include:</p>

<ul>
  <li><strong>North Carolina Identity Theft Protection Act (N.C. Gen. Stat. §§ 75-60 to 75-66)</strong>: Requires businesses to implement reasonable security measures and notify individuals of data breaches.</li>
  <li><strong>North Carolina Consumer and Customer Information Privacy Act (N.C. Gen. Stat. § 75-65)</strong>: Focuses on the protection of consumer and customer information and mandates breach notifications.</li>
</ul>

<h2 id="ethical-obligations-for-north-carolina-lawyers-regarding-data-protection">Ethical Obligations for North Carolina Lawyers Regarding Data Protection</h2>

<p>The North Carolina Rules of Professional Conduct highlight ethical obligations for lawyers concerning data protection:</p>

<ul>
  <li><strong>Rule 1.6(c)</strong>: “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”</li>
</ul>

<h2 id="potential-consequences-of-not-having-cyber-insurance">Potential Consequences of Not Having Cyber Insurance</h2>

<p>While not having cyber insurance is not illegal, it leaves the firm exposed to significant risks and costs in the event of a breach. These could include:</p>

<ul>
  <li><strong>Notification Costs</strong>: Required by N.C. Gen. Stat. § 75-65, which can be substantial.</li>
  <li><strong>Potential Fines</strong>: For non-compliance with state laws.</li>
  <li><strong>Legal Defense Costs</strong>: If sued by clients.</li>
  <li><strong>Reputational Damage</strong>: Resulting in loss of business and client trust.</li>
</ul>

<h2 id="conclusion">Conclusion</h2>

<p>While cyber insurance is not legally mandated in North Carolina, the financial risks of a data breach and the ethical obligations of lawyers make it a prudent consideration. The decision to purchase cyber insurance should be based on a careful risk assessment, considering the firm’s specific circumstances and the potential costs of a breach versus the cost of insurance.</p>

<h2 id="references">References</h2>

<ol>
  <li>Perkins Coie. Security Breach Notification Chart - North Carolina. Retrieved from <a href="https://www.perkinscoie.com/en/news-insights/security-breach-notification-chart-north-carolina.html">Perkins Coie</a>.</li>
  <li>Insureon. Cyber Liability Insurance Cost. Retrieved from <a href="https://www.insureon.com/small-business-insurance/cyber-liability/cost">Insureon</a>.</li>
  <li>IBM. Cost of a Data Breach Report 2023.</li>
  <li>North Carolina Bar. Rule 1.6: Confidentiality of Information. Retrieved from <a href="https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-16-confidentiality-of-information/">NC Bar</a>.</li>
  <li>Embroker. Do Law Firms Need Cyber Insurance?. Retrieved from <a href="https://www.embroker.com/blog/do-law-firms-need-cyber-insurance/">Embroker</a>.</li>
  <li>AdvisorSmith. Cyber Liability Insurance Cost by Industry. Retrieved from <a href="https://advisorsmith.com/business-insurance/cyber-liability-insurance/cost-by-industry/">AdvisorSmith</a>.</li>
</ol>

<p>By securing cyber insurance, you can safeguard your legal firm against the growing threat of cyber incidents, ensuring both financial stability and compliance with legal obligations.</p>]]></content><author><name>Valdez Ladd</name></author><category term="blog" /><category term="privacy" /><category term="business" /><category term="cybersecurity" /><summary type="html"><![CDATA[As a data privacy expert who have spoken in a few conferences, I sometimes need a break. One of the ways for me to clear my mind is participating in non-cybersecurity professional events. Recently, in one of such events, I ended up engaged in an enlightening discussion with the owner of a legal firm right here in North Carolina. Our conversation eventually led to the aspects of data security and privacy as applied to lawyers, which in turn led to a simple question: does a business need cyber insurance? It turns out the right answer is “it depends.” Let’s talk about it.]]></summary></entry><entry><title type="html">It’s The Holiday Attacks Season</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/12/22/holiday-attack-season.html" rel="alternate" type="text/html" title="It’s The Holiday Attacks Season" /><published>2023-12-22T00:00:00+00:00</published><updated>2023-12-22T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/12/22/holiday-attack-season</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/12/22/holiday-attack-season.html"><![CDATA[<p>Holiday Season is right upon us and the New Year is just around the corner. 
It is the end of the final shopping season of the year, when
many are still doing their last last minute shopping, hoping
the overworked (and often unappreciated)
delivery people from both the Post Office and the UPS/Federal
Express/DHL will deliver them in time.</p>

<p>This is also a time to be with (or contact) loved ones, reflect upon what you 
have achieved, and plan for the upcoming year.</p>

<p>With all this travelling, buying, and communicating, it is also a great
opportunity for those with coal in their hearts to use the Festive Season
to spread malware, collect personal data, and hand out data breaches.</p>

<ul>
  <li>
    <p>Expect phishing attacks to be on the rise, specially using 
<a href="https://phishphillet.com/blog/2023/10/20/talkie-phish.html">phone calls</a>
and
<a href="https://phishphillet.com/blog/2023/12/08/swiss-phish-message.html">text messages</a>
pretending to be a loved one in need or a misplaced package.</p>
  </li>
  <li>
    <p>The pictures you took of your holiday events and shared in social media
<a href="https://privacycrashes.privacytestdriver.com/blog/2023/07/31/a-picture-is-worth.html">may be used against you</a></p>
  </li>
  <li>
    <p>Do not 
<a href="https://privacycrashes.privacytestdriver.com/blog/2023/03/27/panera-palm-scanning.html">sacrifice privacy for convenience</a></p>
  </li>
</ul>

<p>For those of you who are business owners, this is not a time to relax your
defenses:</p>

<ul>
  <li>
    <p>The MOVEit-related data breaches, which 
<a href="https://privacycrashes.privacytestdriver.com/blog/2023/09/30/moveit-breach.html">we talked about before</a>,
are still going strong.</p>
  </li>
  <li>
    <p>This is also the time when
<a href="https://consumer.ftc.gov/consumer-alerts/2021/09/your-boss-isnt-emailing-you-about-gift-card">boss needing gift cards</a>
scams are on the rise.</p>
  </li>
</ul>

<h1 id="what-can-you-do">What can you do?</h1>

<p><em>Vigilance is the Price of Freedom</em>, and that means <em>you</em> being vigilante.
Don’t rely the protection of your (and that of your customers, employees,
and loved ones) 
information on some magic product or service.
You need to understand what you need to protect and how much you need to share
before deciding on how to do that.
There are a lot of resources out there.
Companies like 
<a href="https://privacytestdriver.com/">ours</a>
offer training on business/personal
data security and data privacy.
The Federal Trade Commission puts out 
<a href="https://consumer.ftc.gov/consumer-alerts">consumer alerts</a>.
We run a blog discussing the different types of 
<a href="https://phishphillet.com/">phishing attacks</a> we have observed and how to
identify them.</p>

<p>You are not alone but <em>you must do your part</em>.
Make learning about data security and data privacy a goal for next year.
And stick to it!</p>]]></content><author><name>Mauricio Tavares</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[Holiday Season is right upon us and the New Year is just around the corner. It is the end of the final shopping season of the year, when many are still doing their last last minute shopping, hoping the overworked (and often unappreciated) delivery people from both the Post Office and the UPS/Federal Express/DHL will deliver them in time.]]></summary></entry><entry><title type="html">Exploring Tomorrow’s Smart Cities and the Rise of AI Privacy</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/11/30/exploring-tomorrow-smart-cities.html" rel="alternate" type="text/html" title="Exploring Tomorrow’s Smart Cities and the Rise of AI Privacy" /><published>2023-11-30T00:00:00+00:00</published><updated>2023-11-30T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/11/30/exploring-tomorrow-smart-cities</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/11/30/exploring-tomorrow-smart-cities.html"><![CDATA[<p>Now picture this: a city where technology meets urban planning, crafting a world that’s not only efficient and sustainable but also tunes into what its residents need. This isn’t just a dream anymore. I recently had the chance to witness this firsthand at the Connected Triangle Summit in Raleigh, NC, on November 9th.</p>

<p>This event wasn’t just another conference; it was a vibrant gathering of minds 
– urban planners, tech gurus, policymakers, and visionaries, all brainstorming on how to weave technology into our cityscapes.</p>

<h1 id="a-hotbed-of-innovative-thoughts">A Hotbed of Innovative Thoughts</h1>

<p>At this summit, ideas were flying left and right. Topics ranged from governance and cybersecurity to privacy and tech integration, all seen as vital to urban transformation. We delved into how IoT, AI, and 5G are reshaping our cities, making them more connected and efficient.</p>

<p>Sustainability was a hot topic too. There was a lot of buzz about how to make our cities greener and more livable, focusing on creating spaces that are tech-savvy yet environmentally friendly.</p>

<p>We also talked a lot about transforming transportation and infrastructure. Think electric vehicles (EVs) and smart traffic systems – all part of making cities more advanced and liveable</p>

<h1 id="generative-ai-the-new-frontier-for-cities">Generative AI: The New Frontier for Cities</h1>

<p>Now, let’s talk about Generative AI. This tech could totally change the game for smart cities. It’s about analyzing loads of data, foreseeing trends, and coming up with solutions that make city life better.</p>

<p>Imagine less traffic congestion, safer roads, and smarter energy use. Generative AI can make all of this (and more) possible.</p>

<p>At the summit in Raleigh, I was struck by the focus on using tech for the good of the community. There was a lot of talk about Generative AI and its role in governance, cybersecurity, and privacy. Yet, I noticed something missing: a mention of ISO standards, which are crucial for setting privacy safeguards in AI and Machine Learning for Smart Cities.</p>

<p>I believe the Smart Cities Privacy ISO/IEC TS 27570:2021 standard could be a key player here. Though this ISO is not specific to AI it can serve as a foundation to act as a bridge until new formal standards emerge and are accepted.</p>

<p>Here’s a chart of ISO 27570 supporting standards to show you what I mean.</p>

<h1 id="wrapping-it-up-whats-next-for-our-cities">Wrapping It Up: What’s Next for Our Cities?</h1>

<p>The Raleigh summit was a melting pot of ideas from city, industry, business, and academic leaders, all focused on making our region smarter and more connected. We looked at how AI and innovative technologies can build sustainable smart cities.</p>

<p>But it was more than just a status update on smart cities; it was a peek into the future. Discussions and demos of Generative AI showed us what’s possible and what’s coming. This tech isn’t just about innovation; it’s about building cities that are sustainable, focused on their citizens, and ready for the future. This is a future I hope for my children and their children’s lives. Let us all work toward this brighter tomorrow in hope for them</p>]]></content><author><name>Valdez Ladd</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[Now picture this: a city where technology meets urban planning, crafting a world that’s not only efficient and sustainable but also tunes into what its residents need. This isn’t just a dream anymore. I recently had the chance to witness this firsthand at the Connected Triangle Summit in Raleigh, NC, on November 9th.]]></summary></entry><entry><title type="html">MOVEit breach and Baby Records</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/09/30/moveit-breach.html" rel="alternate" type="text/html" title="MOVEit breach and Baby Records" /><published>2023-09-30T00:00:00+00:00</published><updated>2023-09-30T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/09/30/moveit-breach</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/09/30/moveit-breach.html"><![CDATA[<p>The title of this blog entry does sound like clickbait, 
but it is surprisingly accurate.
On 25 September 2023, Canada’s Better Outcomes Registry &amp; Network (BORN) 
<a href="https://www.bornontario.ca/en/news/cybersecurity-incident-moveit.aspx">officially announced</a> 
it has joined more than 2000 organizations affected by the 
<a href="https://www.ipswitch.com/moveit">MOVEit</a>’s vunerability. 
According to <a href="https://www.bornincident.ca/">BORN Ontario</a>,
that translates to the personal and health records 
– names, addresses, health card numbers, test lab results,
fertility, pregnancy, newborn and child healthcare – of 
3.4 million people, 2 million of which being newborns born in Ontario between 
January 2010 and May 2023 – were compromised.</p>

<p>The sequence of events looks like a replay of our discussion on
<a href="/blog/2023/05/27/wordpress-and-supply-chain.html">Wordpress plugins</a> 
and the importance of maintaining a healthy supply chain:
vendor finds vulnerability, publishes patch, and customers do not apply it.
On 31 May 2023 <a href="https://www.progress.com/">Progress Software</a> disclosed a
vulnerability that affected its MOVEit Transfer and MOVEit Cloud products, and
issued a patch to address that. This vulnerability had a severity rating of 
9.8 out of 10. Further patches were issues on 9 June and 15 June.</p>

<p>Why have these patches not been deployed by the affected organizations 
running MOVEit locally (on premises)?
Unfortunately, some companies have strict patch policies such as only allowing
updates once every quarter or only when they do not affect the deadlines of
the income-generating – marketing, sales, product development – groups.</p>

<p>Maintain your supply chain!</p>]]></content><author><name>Mauricio Tavares</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[The title of this blog entry does sound like clickbait, but it is surprisingly accurate. On 25 September 2023, Canada’s Better Outcomes Registry &amp; Network (BORN) officially announced it has joined more than 2000 organizations affected by the MOVEit’s vunerability. According to BORN Ontario, that translates to the personal and health records – names, addresses, health card numbers, test lab results, fertility, pregnancy, newborn and child healthcare – of 3.4 million people, 2 million of which being newborns born in Ontario between January 2010 and May 2023 – were compromised.]]></summary></entry><entry><title type="html">New privacy protection legislation for older children lost momentum in the US Congress</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/09/05/privacy-protection-legislation.html" rel="alternate" type="text/html" title="New privacy protection legislation for older children lost momentum in the US Congress" /><published>2023-09-05T00:00:00+00:00</published><updated>2023-09-05T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/09/05/privacy-protection-legislation</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/09/05/privacy-protection-legislation.html"><![CDATA[<p>Protecting the privacy of future generations is crucial in today’s digital landscape. Online services for consumers and especially children have changed greatly since the late 1990s. 
The 1998 <a href="https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa">Children’s Online Privacy Protection Act</a> (COPPA) was born in a time when Internet access was slow and many of todays leading social media services such as Facebook, twitter (X), Tik Tok, etc. did not even exist. The need for better online child protection law is long overdue as data breaches and the misuse of personal information become more prevalent.</p>

<p>Since 2015, efforts have been ongoing in Congress to update COPPA. 
None of these bills have progressed past the various congressional committees 
and subcommittees. 
The <a href="https://www.congress.gov/bill/118th-congress/house-bill/2801/text">Kids PRIVACY Act</a>, 
by US Representative Kathy Castor (FL), 
and the The 
<a href="https://www.congress.gov/bill/118th-congress/senate-bill/1418">Children and Teens’ Online Privacy Protection Act</a>, by Senator Edward J. Markey (MA), 
are two of the bills introduced in 2023. These initiatives demonstrate a strong commitment to addressing the unique challenges of protecting children’s online privacy in the 2020s. Some the key provisions of the Children and Teens’ Online Privacy Protection Act are</p>

<ul>
  <li>Extending COPPA’s protections to any minor under age 17 previously applicable only to children (ages 0-12).</li>
  <li>Banning targeted advertising to children and teens.</li>
  <li>Requiring online services to stop collecting data from kids under the age of 17.</li>
  <li>Creating a Digital Marketing Bill of Rights for Teens that limits personal information gathering for marketing purposes.</li>
</ul>

<p>While the The Children and Teens’ Online Privacy Protection Act reached the Committee on Commerce, Science, and Transportation, the Kids Privacy Act has advanced to the Subcommittee on Innovation, Data, and Commerce. No further action has been recorded in either bill. Given the history of the similar bills that have been introduced in the previous congress sessions, there is a great possibility neither will progress any further.</p>

<p>We need a privacy law that protects minors and is in tune with the modern digital landscape.  Our senators and representatives must overcome congressional inertia. They must discuss and vote on these bills so they can move forward and become laws.</p>]]></content><author><name>Valdez Ladd</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[Protecting the privacy of future generations is crucial in today’s digital landscape. Online services for consumers and especially children have changed greatly since the late 1990s. The 1998 Children’s Online Privacy Protection Act (COPPA) was born in a time when Internet access was slow and many of todays leading social media services such as Facebook, twitter (X), Tik Tok, etc. did not even exist. The need for better online child protection law is long overdue as data breaches and the misuse of personal information become more prevalent.]]></summary></entry><entry><title type="html">A Picture Is Worth A Thousand Words</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/07/31/a-picture-is-worth.html" rel="alternate" type="text/html" title="A Picture Is Worth A Thousand Words" /><published>2023-07-31T00:00:00+00:00</published><updated>2023-07-31T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/07/31/a-picture-is-worth</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/07/31/a-picture-is-worth.html"><![CDATA[<p>A picture is worth a thousand words</p>

<p>It’s summer.  You may want to travel, visit family or friends, or just enjoy watching a butterfly float past.  You probably want to save the memory with a picture, or share it with a picture you post online.</p>

<p>You may already know that your camera/phone saves information about the picture, such as time and date, and location. You may have chosen to turn this feature off.</p>

<p>What other information is in the picture?</p>

<p>Anything else in the picture is in the picture.<br />
Other people, buildings, vehicles, your mail/ bills/ package labels, your credit card, car GPS…</p>

<p>Other people may be in the picture.  Not everyone wants to share where they are and what they are doing.  Maybe there is drama, or even a restraining order, in their life and they very much do NOT want it shared where they are and what they are doing.  See if you can get a good angle without other people identifiable in the background, or ask if it’s OK.  If it isn’t OK for them to be in your picture, please wait for them to clear the area.  You may be able to reassure them that you won’t be publicly posting the picture.  Bear in mind that any posting online (including private groups) may be found by a determined investigator, and that the Internet doesn’t forget.  If you do post in a private group then get agreement from EVERYONE in the group that NOTHING will be shared further, or anywhere else, or outside your private group.</p>

<p>Buildings, businesses, and landmarks may be in the picture.<br />
You can find the location where a picture was taken by adding these background bits together.</p>

<p>Geolocation skills can be useful for a geocache quest, geologists, anthropologists, marketing, building and bridge damage estimation for disaster recovery, law enforcement, journalism, war crimes investigation, offensive cybersecurity, and stalkers.</p>

<p>JoseMonkey can (usually) find the location where a picture was taken if you post your video or picture, tag him in the comments and say or have a sign asking him to find you, and are over 18.</p>
<ul>
  <li>On <a href="https://www.youtube.com/@josemonkey">YouTube</a></li>
  <li>On <a href="https://www.tiktok.com/@the_josemonkey">TikTok</a></li>
</ul>

<p>If you’d like to learn and practice, Search by Image browser tool can be found in the Chrome web store, and GeoTips offers tips so you can become a GeoGuessr.</p>

<p>Have fun, but also remember that it’s not just all about you.</p>]]></content><author><name>Kim Green</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[A picture is worth a thousand words]]></summary></entry><entry><title type="html">State and Federal Privacy Laws are Washing the Shores of the United States</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/06/28/state-and-federal-privacy-laws.html" rel="alternate" type="text/html" title="State and Federal Privacy Laws are Washing the Shores of the United States" /><published>2023-06-28T00:00:00+00:00</published><updated>2023-06-28T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/06/28/state-and-federal-privacy-laws</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/06/28/state-and-federal-privacy-laws.html"><![CDATA[<p>Data breaches have cost billions of dollars due to the theft of customer and corporate data. States have responded by creating their own data privacy laws due the gaps they see with Federal privacy laws. For example, biometric and genetic privacy laws have been passed by Illinois. California has modeled its privacy laws following the lead of the Europeans.  States have taken different routes, from breach notification and their privacy enforcement to create privacy standards. 
By next summer there will be ten states listed below with comprehensive privacy laws in effect.  This will cover more than 30% US population, a sizable part of the United States.  As more states create their own privacy laws then the federal /  state gap will grow into a bigger problem.</p>

<ul>
  <li>California Consumer Privacy Act,</li>
  <li>California Privacy Rights Act</li>
  <li>Colorado Privacy Act</li>
  <li>Connecticut Data Privacy Act</li>
  <li>Indiana Consumer Data Protection Act</li>
  <li>Iowa Consumer Data Protection Act</li>
  <li>Montana Consumer Data Privacy Act</li>
  <li>Tennessee Information Protection Act</li>
  <li>Utah Consumer Privacy Act</li>
  <li>Virginia Consumer Data Protection Act</li>
  <li>Texas Data Privacy and Security Act</li>
</ul>

<h1 id="business-pain">Business Pain:</h1>

<p>Companies doing business in these states will need to comply with these new laws, which may require changes to their data collection, storage, and  how they share data. They may also need to update their privacy policies and provide consumers with new rights and disclosures. It is important for businesses to review the specific requirements of each state law.  When more states follow with their own privacy laws then it will cost more to comply than to protect customer privacy.</p>

<h1 id="the-almost-federal-response">The Almost Federal Response:</h1>

<p>Currently there is no single Federal privacy privacy law to oversee this issue nationally.  There have been repeated  efforts to create a federal privacy law to solve this issue.   The American Data Privacy Protection Act (ADPPA) was proposed by the House of Representatives who wanted to protect businesses from the complications of too many state regulations..  This  federal law will  set a minimum  standard.  Some states have pushed back because of concern the ADDPA will override part of their state law.  Its legal authority is based on The Commerce Clause in Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power to regulate commerce. The ADPPA  would level the playing field with a clearer and more unified set of rules for business to operate under. The simplified law leads to cost savings enabling companies to better protect their customer’s data privacy.</p>

<h1 id="in-the-future">In the future:</h1>

<p>We can expect by the summer of 2024 the number of states having their own individual privacy laws  will increase.  This is a  growing gap  that the Federal government must fill quickly.  Unless the ADPPA is  signed into law then  businesses will continue to struggle  protecting  their customers’ data privacy  while handling so many state privacy laws.  If ADPPA is passed, businesses can finally spend more  to protect than to comply.</p>]]></content><author><name>Valdez Ladd</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[Data breaches have cost billions of dollars due to the theft of customer and corporate data. States have responded by creating their own data privacy laws due the gaps they see with Federal privacy laws. For example, biometric and genetic privacy laws have been passed by Illinois. California has modeled its privacy laws following the lead of the Europeans. States have taken different routes, from breach notification and their privacy enforcement to create privacy standards. By next summer there will be ten states listed below with comprehensive privacy laws in effect. This will cover more than 30% US population, a sizable part of the United States. As more states create their own privacy laws then the federal / state gap will grow into a bigger problem.]]></summary></entry><entry><title type="html">Wordpress and The Dangers of Supply Chain Vulnerabilities</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/05/27/wordpress-and-supply-chain.html" rel="alternate" type="text/html" title="Wordpress and The Dangers of Supply Chain Vulnerabilities" /><published>2023-05-27T00:00:00+00:00</published><updated>2023-05-27T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/05/27/wordpress-and-supply-chain</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/05/27/wordpress-and-supply-chain.html"><![CDATA[<p>One thing we like to talk to our customers about is the importance of
securing their supply chain. Using the chain analogy, no matter how secure and
private aware is your product, it is but the end of a chain of products
supplied by other organizations (be them open source or not) that are put
together in whatever form you specified. This chain is as strong as its
weakest link.</p>

<p>To make this a bit more real, let’s talk about 
the most commonly used web content manager,
<a href="https://wordpress.com/">WordPress</a></p>

<p>There is a running joke about how insecure it is given the mind-boglling
number of vulnerabilities related to it.
Thing is, WordPress by itself is actually quite secure.
The source of vulnerabilites is the plugins, and the top two reasons are</p>

<ul>
  <li>
    <p>There is a lot of them.
Some are well written and maintained, others not quite.
People building websites look for plugins based on which task they are
trying to solve and feedback. This feedback most of the time is about how
easy to install and use a given plugin is; just because a plugin is popular
does not mean it is well maintained, specially regarding security.</p>
  </li>
  <li>
    <p>Many people deploy these plugins in a
fire-and-forget fashion: they will only check on whether the plugin has
a new update when it crashes or cause the site to crash.
This by far is the largest source of problems: it does not matter how
quickly the developers identify a vulnerability and create a patch to fix it;
if nobody applies it, it is useless. Worse: attackers will now know the patch
has a vulnerability and then will start looking for unpatched sites.</p>
  </li>
</ul>

<p>Let’s use a real life example to show how bad that can be:
A few days ago we learned that the
WordPress cookie consent plugin named 
<a href="https://wordpress.org/plugins/beautiful-and-responsive-cookie-consent/">Beautiful Cookie Consent Banner</a>, 
which
is currently deployed in more than 40,000 locations (you may have a
single deployment being used by multiple websites),
is
<a href="https://www.bleepingcomputer.com/news/security/hackers-target-15m-wordpress-sites-with-cookie-consent-plugin-exploit/">vulnerable to
Unauthenticated Stored Cross-Site Scripting (XSS)</a>. This allows an attacker to send malicious commands to a
vulnerable website (do you remember the 40 thousand locations we mentioned
earlier? That translates to more than <strong>1.5 million websites</strong>) and take over
not only the website but also the computer running it.
Since this is a privacy blog, we need to talk about that angle: once they
compromise the website, they can go after any confidential information –
user data, passwords, credit card info – available in the website.</p>

<p>This vulnerability has been known since
<a href="https://www.pluginvulnerabilities.com/2023/01/31/hacker-might-be-exploiting-unfixed-plugin-vulnerability-that-wpscan-patchstack-and-wordfence-all-claimed-was-fixed/">January of 2023</a>, 
and has been immediately patched by the developer 
(good job!), but many sites have yet to apply the patch.</p>

<p>If we go back to our supply chain, the original weak link was the plugin.
That was solved in January. The next weak link is to ensure the patched plugin is used
in the website. Until that is done, this chain is still very weak.</p>

<p>Maintain your supply chain!</p>]]></content><author><name>Mauricio Tavares</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[One thing we like to talk to our customers about is the importance of securing their supply chain. Using the chain analogy, no matter how secure and private aware is your product, it is but the end of a chain of products supplied by other organizations (be them open source or not) that are put together in whatever form you specified. This chain is as strong as its weakest link.]]></summary></entry><entry><title type="html">Seasoning success with ChatGPT &amp;amp; a side salad of privacy</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/04/28/seasoning-success-with-chatgpt.html" rel="alternate" type="text/html" title="Seasoning success with ChatGPT &amp;amp; a side salad of privacy" /><published>2023-04-28T00:00:00+00:00</published><updated>2023-04-28T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/04/28/seasoning-success-with-chatgpt</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/04/28/seasoning-success-with-chatgpt.html"><![CDATA[<h1 id="chatgpt-is-an-inviting-dish">ChatGPT is an inviting dish</h1>

<p>ChatGPT is a powerful tool that can provide businesses with a new competitive advantage. By automating content creation and providing more personalized customer experiences, ChatGPT can help businesses save time and costs. 
It grants  greater operational freedom and strengthens their online presence.<br />
This advantage will be the driving force for adoption by corporate<br />
management to gain an edge in sales automation, customer service, software 
coding and consumer advertising. 
We can expect to see even more uses emerge over time as ChatGPT’s 
business adoption continues growing.</p>

<h1 id="it-may-cause-food-poisoning">It may cause food poisoning</h1>

<p>Not everyone is ready and eager to embrace this tool.
Italy banned  the use of ChatGPT recently within 
its borders because of privacy concerns.<br />
Currently OpenAI, the parent company of ChatGPT, is in talks with the Italian 
Government to allow citizens of that European nation access this product.<br />
Italy requires OpenAI to improve transparency, allow users to view and 
delete their data, and implement additional safeguards to protect minors. 
These proposed privacy controls by Italy’s government  should be applied internationally.  This must be addressed to protect ChatGPT user’s privacy and intellectual property.</p>

<p>What are the main ChatGPT-related  privacy threats?</p>

<ol>
  <li>
    <p>Phishing attacks: Cybercriminals are already using ChatGPT to write more realistic phishing emails to trick more people  into revealing their private information or downloading malware.  Sometimes that is labeled “social engineering”.  No matter the label, the danger and damage done is real.</p>
  </li>
  <li>
    <p>Access to sensitive data:  ChatGPT already has accessed  billions of Internet data points and it is growing daily.  It can be used to gain access to more sensitive information by connecting previously separated data sources together to reveal private data and intellectual property such as human generated artwork, writing, and coding for example.</p>
  </li>
</ol>

<h1 id="conclusion">Conclusion</h1>

<p>Today a growing number of businesses and consumers are using AI technologies for gaining a competitive advantage.  We should be extremely careful about what types of information we share with ChatGPT and similar tools. This is very important if people want to integrate ChatGPT into their business operations. Now it may be impossible to put this AI genie back in the bottle due to business competition and cybercriminal threats.</p>

<p>Worldwide, nations should support the responsible use of ChatGPT.  Government’s must step into this new arena of public use of AI tools to create a consensus for the public good. This requires that each nation forges a new coalition of the public,  government, and business to create new and effective regulations for AI usage and privacy protection.</p>]]></content><author><name>Valdez Ladd</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[ChatGPT is an inviting dish]]></summary></entry><entry><title type="html">Panera Palm Scanning</title><link href="https://privacycrashes.privacytestdriver.com//blog/2023/03/27/panera-palm-scanning.html" rel="alternate" type="text/html" title="Panera Palm Scanning" /><published>2023-03-27T00:00:00+00:00</published><updated>2023-03-27T00:00:00+00:00</updated><id>https://privacycrashes.privacytestdriver.com//blog/2023/03/27/panera-palm-scanning</id><content type="html" xml:base="https://privacycrashes.privacytestdriver.com//blog/2023/03/27/panera-palm-scanning.html"><![CDATA[<p>Panera Bread will start using AWS-based palm scanning as a convenient way to pay for your orders.</p>

<p>Panera Bread 
<a href="https://www.aboutamazon.com/news/retail/introducing-amazon-one-palm-payment-at-panera">started to deploy Amazon-based Palm scanning</a> 
for payments and loyalty rewards in two locations in the St. Louis area. The reason for using this biometric technology is a 
<a href="https://www.panerabread.com/en-us/press/press-room/panera-continues-loyalty-innovation-with-amazon-one.html">frictionless, personalized, and convenient service</a>: 
instead of its customers having to be inconvenienced with grabbing their wallet 
or phone to pay for their order, all they have to do is hover their hand over 
the sensor and the order it processed and their <em>MyPanera Rewards</em> are updated. 
On the top of that, if they hover their hand as they get in, they are greeted 
by name by the Panera associates.</p>

<p>According to Amazon, it scans the shape of your hand and the shape of the 
veins inside it. 
Palm vein pattern recognition is considered a reliable biometric 
identification method since it is unique to a person and does not change much 
with age.</p>

<p>Panera and Amazon claim this technology is much more privacy conscious than other biometric solutions such as face recognition because, according to them, you cannot identify people from looking at the image of their palm.</p>

<p>Well, that reasoning has a few issues:</p>
<ol>
  <li>To use the <em>convenient palm scanning</em>, customers have to sign up with 
<a href="https://one.amazon.com/">Amazon One</a>, 
the Amazon payment system, which ties their palm print with:
    <ul>
      <li>Amazon account</li>
      <li>Mobile number</li>
      <li>Credit or debit card</li>
    </ul>

    <p>In turn this is tied to their <em>MyPanera</em> account. For this to work, palm scanning must be enough to identify customers so Panera can submit the right bill to the right person.</p>
  </li>
  <li>Panera also states the data is kept private because it is not stored in Panera computers. While this is correct, it is stored in Amazon computers. There is no nationwide privacy regulation in the United States blocking the tech giant from sharing this information with its partners. The closest regulation limiting the acquisition and sharing of this kind of data is Illinois Biometric Information Privacy Act (BIPA).</li>
  <li>The main reasoning behind their privacy claim is that it cannot be scanned from a distance. However, this is still biometric data, which is considered personal data under GDPR, CCPA, and BIPA.</li>
  <li>If it does scan your veins, it can be used to identify vascular problems. In other words, it can collect medical data. As neither Amazon or Panera are medical institutions, they are not restricted by HIPAA from selling/processing this information.</li>
</ol>

<p>Amazon did say if users submit a request, it will delete their personal information it already collected.</p>

<p>We believe there is no reason for you to allow Panera and Amazon to connect your biometric data. With that said, given this is an opt-in service, 
it is up to you to decide if the convenience outweighs surrendering your 
personal information.</p>]]></content><author><name>Mauricio Tavares</name></author><category term="blog" /><category term="privacy" /><summary type="html"><![CDATA[Is not having to use your wallet worth surrendering your biometric data?]]></summary></entry></feed>