Notifications of Security Breaches 130
LogError writes "On July 1, 2003, Senate bill 1386 becomes Civil Code 1798.82. In a nutshell, the law states that any person or company doing business in the state of California is responsible for notifying California residents of security breaches to their non-encrypted information. It is important to note that the actual breach does not need to occur in the state of California for the law to apply."
Language? (Score:5, Funny)
Dear Valued Taxpayer,
Ihre Sozialversicherungzahl wurde von einem Hacker gestohlen. Er hat Ihre Identität gestohlen. Haben Sie einen schönen Tag.
Sincerely,
California Internal Revenue Service
-This was Fished [altavista.com]. I apologize for the bad German.
Re:Language? (Score:1, Funny)
Their social security number was stolen by a hacker. He stole your identity. Have a beautiful day.
This was BackFished [altavista.com]...
Why do I feel so sure that that's not so close to what you wrote????;o)))))
Re:Language? (Score:2, Informative)
A "better" translation:
Your SSN was stolen by a hacker. He stole your identity. Have a nice day.
Good Job on Babelfish's side, although the original german expression was very simple and the last sentence expressed in a more-english-than-german-only-literally-translate
Re:Language? (Score:1)
That's exactly what I'm missing here... How did Babelfish managed to translate it "Their"???? Is the pronoun he wrote down "Their" or "Your"??? 'Cause if it's Your and the Fish translates it Their.... well, hell buddy..... (the second your looks good, though)
If on the other side he's written "Their"....;o)))))).. I've re-run the translation and, *of course*, it produced the same result....(otherwise I'd have been even more puzzled;o?)
Re:Language? (Score:3, Informative)
Your Social Security Number was stolen by a hacker. He also stole your identity. Have a nice day.
I'd say the Fish [altavista.com] did a suprisingly good job with this, given it's history being useless as a tool for me to cheat with in Spanish class.
Re:Language? (Score:1)
What actually bothers me is :
Being totally clueless in German(I'll learn it soon, don't doubt it..) I suppose that the word "Ihre", present in the first and second phrase is Your....
Well the heck, what kind of a bug may force Babelfish to totally screw it on the first occurence and correctly translate it on the second one???
It's a simple word with no multiple meaning, or am I wrong????
Re:Language? (Score:2, Informative)
Whatever..
Re:Language? (Score:3, Interesting)
It's not surprising, actually. While many people assume that English is based mostly on Latin, the fact is that English is a language that based partly on Latin and partly on German. The syntax for English is actually closer to German than to Latin, while the syntax for Spanish, French and other romantic languages is clearly closer to Latin (which is why when you learn
Re:Language? (Score:5, Informative)
Re:Language? (Score:2)
Re:Language? (Score:1)
'The Power of Babel: A Natural History of Language' which I recommend if you're interested in
languages but not a linguist.
Re:Language? (Score:2, Informative)
Re:Language? (Score:2, Informative)
Du = you in German in a less formal way (close relatives, friends, etc)
Ihr(e) = you in German in a more formal way (Like to your boss or people you owe money too)
Re:Language? (Score:3, Informative)
It's a polite form: just as in English we used to use the plural "you" instead of "thee" as a mark of respect. In German, you use the third-party plural and capitalize it.
That's why the second your is OK. It's not ambiguous because it's capitalized in the middle of the sentence. Who said natural languages aren't case-sensitive?
About second-person pronouns (Score:2)
In English, we call everyone "you". We used to call them "thou" and "you" depending on whether there was one or more people being addressed.
Then, later, we started to use "you" as a politee address for individuals, because respected people were "more" than others. Eventually "you" took over and completely supplanted "thou".
In French, it's the same, except that "you" didn't take over: they still have the singul
Re:Language? (Score:1)
Translation for the lazy - (Score:1, Redundant)
Your social security number was stolen by a hacker. He stole your identity. Have a nice day.
Sincerely,
California Internal Revenue Service
Re:Language? (Score:2)
Actually it's the Franchise Tax Board [ca.gov] of all the stupid damn names. Like I'm a franchise outlet of my Mom or something. Look at their mission run on sentencrrr... Mission Statement:
a new mail folder (Score:5, Funny)
Dear __(name)__; On __(Date)__ at __(Time)__ your personal information was illegally acessed by "31337 Hackers", The FBI, Microsoft (circle all that apply).
There is nothing you can do but the new law requires that we tell you. Neaner Neaner Neaner!
Re:a new mail folder (Score:2)
Re:a new mail folder (Score:1)
I became a child when I shot my eye out with a bb gun
I became a teenager when I followed the crowd and drank, smoke, did drugs and had sex with anything that moved.
I became an adult when I realized I was the kind of person my mother use to warn me about.
It was a busy day.
Re:a new mail folder (Score:1)
Applications Lacking? (Score:5, Funny)
Really, this is a bare minimum of informing people. The few times this would apply is when something like this happens:
Sorry, but we accidentally sent every SanFran registered voter's complete personal information to some accounting companies, rather than their 2002 ballots to be checked. And that information got lost in the mail. So, ah, all of your lives are floating out there somewhere in a canvas bag with U.S. Mail written on it. Sorry!
Ah, good old EBG13 (Score:5, Insightful)
So just ROT13 everything and the law goes bye bye. Hell, it worked for Adobe.
Re:Ah, good old EBG13 (Score:5, Funny)
Is ROT-26 encryption not strong enough for california law?
Re:Ah, good old EBG13 (Score:5, Funny)
Re:Ah, good old EBG13 (Score:1, Funny)
Re:Ah, good old EBG13 (Score:1)
Re:Ah, good old EBG13 (Score:1)
Re:Ah, good old EBG13 (Score:1)
Does this apply to pfishers? (Score:3, Informative)
And do pfishers have to tell California residents when they have stolen their credit card information?
Re:Does this apply to pfishers? (Score:1)
Phisher (contraction of "password fisher")
Usually the site is a close replica of the site the phisher is trying to get steal accounts from, except that the form informaiton is sent to the scammer's site. eBay, AOL, and PayPal are commonly phished.
Re:Does this apply to pfishers? (Score:1)
Worldwide law (Score:5, Insightful)
I doubt they're gonnna go round extraditing people for this.. probably just pick them up at the airport or somthing
And anotherthing... How exactly will you know if there has been a security breach? If I send data unencrypted anyone at any ISP along the way could potentialy be listening in without me ever knowing.
Re:Worldwide law (Score:5, Insightful)
As long as a company is doing business in the state, "doing business" defined as: having a registered agent in the state of California, having a physical office, contracting to do business with vendors in the state (parts manufacturers, suppliers), or having retail outlets in the state[.]
If the company is purposely availing themselves in california, taking advantage of california laws in running its business (i.e. it gets to use CA laws to enforce its contracts, use california police to prevent its outlets from being robbed, etc.) then it is perfectly fair for the company to have to obey this law. If you are selling something on ebay it doesn't apply to you, so don't worry. This only applies to people who intentionally and knowningly do business in the state. Nobody who this law applies to is going to be shocked that "woah california laws apply to me?" They know or should know.
Re:Worldwide law (Score:1)
Re:Worldwide law (Score:1)
Re:Worldwide law (Score:2)
Bad idea... (Score:5, Insightful)
From what I've read, most companies realize that hackers are simply in it for kicks and don't bother notifying the customer because it just causes a lot of panic. Forcing them to report every single time their web page is defaced is going to cost them a lot of business.
Read the article (Score:5, Insightful)
Defacing a webpage doesn't fall under this law. Nor does it fall under this law if hackers only look at proprietary information about the business, financial statements whatever.
This is purely notification for customers when customer information has been illegally accessed.
*All* breaches? (Score:4, Insightful)
Microsoft stays in Seattle (Score:3, Funny)
But they already are... (Score:3, Funny)
On June 26, a middle level manager at our company opened an email claiming that a friend had sent him something "for him to see." This manager opened the email in Outlook Express. Approximately two hours later, the entire network was shut down, all of our databases were open to any traffic that wished to view it, and every computer in the department was forced to spend the rest of the day with a picture of a woman having sexual intercourse with a horse for a desktop image.
We a
Funny? Try sad! (Score:2, Interesting)
While I wish that all the parent were is funny, this is probably closer to the truth of what many companies will do than any of us would like.
It's incredibly easy to encrypt something without actually adding much, if any, security. It's just too easy to do wrong, and if all someone cares about is paying lip service to the law, then it will be done wrong in many, many companies.
"there are no existing industry best practices" (Score:5, Insightful)
At least the article is geared to being honest.
Re:"there are no existing industry best practices" (Score:5, Insightful)
Any security professional employed by a reputable company will cough and sputter at the idiocy of such a suggestion.
Of course, that doesn't preclude bean-counters or decision-makers from higher up from forcing such a policy into effect anyway...
Re:"there are no existing industry best practices" (Score:4, Insightful)
The California law does not void the standing legal principles of "due dilligence" and "due care".
Due Care means, basically, that a manager can be held liable for loss or damages, when provisions were not made to prevent them. The standard used is "measures a reasonable person would take, given the facts."
Due Dilligence covers the loophole in "given the facts". This means a "reasonable effort" to ascertain the nature of risks, and appropriate countermeasures.
Re:"there are no existing industry best practices" (Score:3, Interesting)
Re:"there are no existing industry best practices" (Score:2)
IANAL, but I have to deal in the legal issues which justify Information Security posture... When this counts - once someone sues you.
The lawyers for the opposition demand a paper-trail demonstrating that principles of Due Care were observed in the handling of information, and in securing hosts and networks. No paper-trail of invoices, policies, memos, staff assignments, etc.? Willful negligence
Re:"there are no existing industry best practices" (Score:2)
Re:"there are no existing industry best practices" (Score:2)
In reality these people are more often "facing-up" on budgets, etc. They won't improve process 'til they get their fingers burned. First time: fire your staff. Second time: try and get the new staff to avoid a second-time!
Re:"there are no existing industry best practices" (Score:2)
+ 5 Insightfull????
this should be +100 Fucking "on the money"
hope your gona buy a lotto ticket today BrynM
Re:"there are no existing industry best practices" (Score:2)
Re:"there are no existing industry best practices" (Score:1)
You can
Re:"there are no existing industry best practices" (Score:2)
Re:"there are no existing industry best practices" (Score:1)
This is intended to protect California consumers (Score:5, Insightful)
In fact, there is a provision that the law doesn't apply if you store the customer's data in an encrypted format. The clear intent of this is to provide an incentive to companies to start storing encrypted data, in the belief that if the data is "stolen" it will be useless to the thief. Of course, this seems to be a provision that is geared more to guard against physical theft of persistant storage, as it probably wouldn't help if the system is actually rooted and the decryption keys become compromised or the part of the system that is up/downstream of the crypt routines is hijacked.
In any case, this seems designed to force companies to take their (Californian) customers' personal information's security a bit more seriously than many seem to and is probably part of a more comprehensive effort to prevent identity theft in general.
In my opinion, this law (or one like it) is a Good Thing (tm).
Re:This is intended to protect California consumer (Score:4, Insightful)
I'm not so sure. I have mixed emotions. On one hand, it's a good thing for companies to have to notify customers of an actual breech because it will require them to take data security seriously and take actual steps to prevent theft or at least make the theft of the data useless to a thief.
The problem is that this extends to all companies worldwide. Honestly, I don't see how this can be avoided, but it further sets the precedent that the laws of one locality's whim affect the whole 'Net. That's a problem from a censorship standpoint especially in this politically correct age where anything offensive is basically considered okay to censor.
If people in say that blogs are offensive to them and anyone who runs a blog is subject to some sort of fine or tax on blogs, then Slashdot and various users that have journals on Slashdot could end up having to pay said fine or tax to people that locality. It sounds far-fetched, but it's laws like this that slowly erode away individual rights that will eventually lead to the death of the 'Net as we know it.
Of course, I could just be talking completely out my ass and have no idea what I'm saying because IANAL, so take this with a grain of salt if you will.
So yeah, it IS a good thing don't get me wrong, but the vagueness of the law combined with it's supposed worldwide reach do have me a little concerned.
Re:This is intended to protect California consumer (Score:3, Insightful)
Fortunately, the First Amendment would probably keep this kind of flippant taxation from ever work
Re:This is intended to protect California consumer (Score:2)
Yeah, because the first amendment has done such a wonderful job preventing laws like the DMCA from being passed.
Re:This is intended to protect California consumer (Score:1)
Re:This is intended to protect California consumer (Score:1)
Dear Microsoft Customer (Score:1, Troll)
Due to event A, please update your OS or buy winXP to secure your data..
Thanks,
Billie Goat Gates
the mother of vagueness (Score:5, Insightful)
I don't see this radically changing things though, I expect that most companies will continue more or less like they are now. Possible exception might be some really large companies would have to individually notify all their licensed users with any security related bug shows up, because once THEY have been notified of an exploit that has been used,not just proposed theoretically but used, it would *seem* to mandate they must notify their thousands or millions of customers, per the description of who is doing business inside the state. Technically anything discovered in house applies, realistically, perhaps some shredding might happen if it looks like a bad breech occurred, cyber shredding and paper shredding, as a more cost effective solution. Or just a canned response, "we have discovered a minor security breech, our crack team of professionals have fixed the problem" whatnot. who knoweth....
Probably take several examples before case law sorts this out, or it might be challenged and dropped on the first case as too vague and unenforceable.
Re:the mother of vagueness (Score:1)
For every company falling under this law's jurisdiction that is large enough to have an IT staff and its own servers, there are probably 100 that buy shared hosting and shopping cart services from 3rd party vendors. So, in those much more prevalent situations, who is responsible for notifying the end customer? Is it the server farm owner, the server farm customer, or
Interesting point. (Score:1)
Ya all devgeeks, LOOKOUT! CYA over there in cal, DOCUMENT THE LIVING HECK out of whatever you do know if it involves "cash" and "customer data" downstream anyplace.
lawyers/legislators -gotta love 'em! At least THEY know how to profit in a recession! heh heh heh
Idea! EVERYONE IN THE KNOWN UNIVERSE get a law deg
Oh, this could have been so fun (Score:5, Insightful)
Technically they might have to, by law, inform you of all those secret searches being carried out under the TREASON - er - PATRIOT act, which forbids them from informing you.
The agents would be authorized by law, but not by the company.
Re:Oh, this could have been so fun (Score:2)
I can see it now (Score:5, Funny)
To: someoneinCA@aol.com
Subject: Grow your penis 10 inches in less than a day!
Greetings fellow soon to be elephant sized penis man. Let me take the time to tell you about a GUARANTEED and PROVEN method we've developed over 30 years to work perfectly the first time and give you up to 10 inches more in your member's length! All you have to do is realize that your wildest dream is about to come true and just click on our website and order our system! Under Civil Code 1798.82 your information was downloaded illegally by a hacker on July 10, 2003. Act now!
Re:I can see it now (Score:5, Interesting)
"Just trying to save you some time by combining these 2 emails into 1"
Wow! (Score:3, Funny)
Doesn't this just give them the right... (Score:5, Funny)
-----------------
Dear valued customer (and CA taxpayer),
I send you this letter to ask for your advice.
Recently we had a security breach, and it is believed that your email address, social security and drivers license were all stolen.
We know this is probably a bad thing, but we're not really sure. Anyway, while you're reading this letter, why not try some Viagra?
Sincerely,
Your Electric Company
I find this fascinating all this Microsoft talk. (Score:5, Insightful)
It says about reporting security BREACHES.
Which is a whole 'nother ball of wax.
If Microsoft had their customer accounts database hacked, then they'd have to notify customers, not if there's a security hole in their product.
On the other hand, if your bank used Microsoft products and because of a security hole in the product, a hacker got access to their data, then they'd have to report this to their customers in California. Which would make them ticked off at Microsoft. And.....
Oh, and I disagree with at least one comment in the article - the article indicates that all you need to do is to encrypt your data to be safe from reporting under the law. The little I've read seems to indicate that if you feed the information to the hacker in a form he can read, you're vulnerable. So if your database is encrypted but you decrypt it before sending it to the customer (or hacker), you're toast.
Similarly, if you send the data to the hacker over an SSL connection, you're toast - the hacker can decrypt the data on the connection.
Encryption level? (Score:1)
http://ccwf.cc.utexas.edu/~eclectic/toys/jive.htm
Does this apply to California Government? (Score:4, Interesting)
Remember when Slashdot reported [slashdot.org] that the State of California got a database hacked and had the identity of all of their government employee's data comprimised?
So with this law, the State of California would notify their employees that hackers have their data. Well, technically they did what they are proposing. Too bad this was after the Sacramento Bee newspaper reported [sacbee.com] it first! At least they provide a government link [ca.gov] for help.
When this law passes, the State of California should sue themselves into compliance!
Re:Does this apply to California Government? (Score:1)
They won't be able to do that anymore, and claim they needed the time to investigate the incident.
Encryption... (Score:1)
What they're saying is basically if I "encrypt" everything I store with rot13 then when someone breaks in and steals [insert favorite sensitive bit of data here] from my database I dont have to say a thing to anyone - after all, it was encrypted....
DUH!!!!!!
Re:Encryption... (Score:1)
The more ambiguous question is whether a company "reasonably believes" a breach has occured. If there's a breach, but the data was encrypted, is it reasonable to bel
It's not just about databases (Score:2, Interesting)
If you were to make a hard copy document that includes the relevant personal information (think employee records), the piece of paper is covered by this law. Unauthorized access to the document would trigger the reporting requirements. Access to the unencrypted information is being regulated.
Hopefully non-techs are being told to lock file cabinets and
Ah, Finally! (Score:2)
The first - just because. The second because this will benefit California lawyers more than any consumer. It means they can sue a Michigan company just because they sold something to someone in California once, and lawyers just love to jump on a case like that and bust someone for millions.
And since there is no effective prosecution of hackers, the company winds up getting screwed both ways.
Good! (Score:2)
Now, there is.
Goof Info Site (Score:1)
(Side note, I saw this guy speak at one of the Silicon Valley chapter ISSA [issa.org] meetings. The tone everyone had, especially from the Medical IT guys like myself, was this is going to be a HUGE headache next time a big worm comes around.)
Cheers,
-E2
What's an account number? (Score:2)
Damn.
Another news: US 'abused rights post-9/11' (Score:2)
A review [bbc.co.uk] into the detention of hundreds of foreign nationals in the United States following the 11 September 2001 attacks has found significant problems in the way they were handled.
The report, by the inspector general of the US Justice Department, says some of the detainees were held in unduly harsh conditions and were subject to abuse.
The repo
Re:And the real question is... (Score:1)
Re:And the real question is... (Score:2)
Troll, Flamebait, Insightful moderations all show that my attempt was in vain.
Re:And the real question is... (Score:1)
Re:OK (Score:1)