Tag Archives: Cyber Security

Fraud alert, freeze or lock after Equifax?

After the Equifax breach, clients and friends have been coming to us with questions. Some people are considering placing a fraud alert on their credit file. Others are thinking about freezing or locking their credit files to help prevent identity thieves from opening new accounts in their name. Here are some FAQs to help you think through your options.

FRAUD ALERT

  • What is it? A fraud alert requires companies to verify your identity before extending new credit. Usually that means calling you to check if you’re really trying to open a new account.
  • How does it work? The process is easy – you contact any one of the three nationwide credit reporting agencies (Equifax, Experian, TransUnion) and that one must notify the other two.
  • How long does it last? An initial fraud alerts last 90 days. After 90 days, you can renew your alert for an additional 90 days, as many times as you want. Military who deploy can get an active duty alert that lasts one year, renewable for the period of deployment. Identity theft victims (whose information has been misused, not just exposed in a breach) are entitled to an extended fraud alert, which lasts seven years.
  • How much does it cost? Fraud alerts are free.
  • Is this for me? With a fraud alert, you keep access to your credit and federal law protects you. But an initial fraud alert lasts only 90 days and then you’ll need to remind yourself to renew it every 90 days.

CREDIT FREEZE

  • What is it? A credit freeze limits access to your credit file so no one, including you, can open new accounts until the freeze is lifted.
  • How does it work? To be fully protected, you must place a freeze with each of the three credit reporting agencies. Freezes can be placed by phone or online. You’ll get a PIN to use each time you freeze or unfreeze, which may take one to three business days.
  • How long does it last? A freeze lasts until you temporarily lift or permanently remove it (except in a few states where freezes expire after seven years).
  • How much does it cost? Fees are set by state law. Generally, it costs $5 to $10 each time you freeze or unfreeze your account with each credit reporting agency. You can get a free freeze if you are an identity theft victim, or in some states, if you’re over age 62. Equifax is offering free freezes until January 31, 2018.
  • Is this for me? Freezes are generally best for people who aren’t planning to take out new credit. Often, that includes older adults, people under guardianship, and children. People who want to avoid monthly fees also may prefer freezes over locks.

CREDIT LOCK

  • What is it? Like a freeze, a credit lock limits access to your credit file so no one, including you, can open new accounts until you unlock your credit file.
  • How does it work? Like a freeze, to be fully protected, you must place locks with all three credit reporting agencies. With locks, however, there’s no PIN and usually no wait to lock or unlock your credit file (although the current Equifax lock can take 24 to 48 hours). You can lock and unlock on a computer or mobile device through an app – but not with a phone call.
  • How long does it last? Locks last only as long as you have an ongoing lock agreement with each of the credit reporting agencies. In some cases, that means paying monthly fees to maintain your lock service.
  • How much does it cost? Credit reporting agencies can set and change lock fees at any time. As of today, Equifax offers free locks as part of its free post-breach credit monitoring. Experian and TransUnion may charge monthly fees, often about $20.
  • Is this for me? Depending on your particular lock agreement, your fees and protections may change over time. So, if you sign up for a lock, it’s hard to be sure what your legal protections will be if something goes wrong later. Also, monthly lock fees can quickly exceed the cost of freezes, especially if the lock fees increase over time.

The FTC has more information for consumers about protecting their identity, including Credit freeze FAQsFraud alert or credit freeze – which is right for you, and Free freezes from Equifax. Also, check out the FTC’s resource page about the Equifax data breach. And if your personal information has been misused,  visit IdentityTheft.gov to report identity theft and get a personal recovery plan.

Initial fraud alerts, credit freezes, and credit locks: What’s the difference?
What you should know about Initial fraud alerts Credit freezes Credit locks
Purpose Verify your identity before extending new credit Restricts access to credit file to prevent identity theft
Legal protections Based on federal law (Fair Credit Reporting Act) Based on state law Based on consumer’s lock agreement with each credit reporting agency (CRA)

Varies by CRA & may change over time

Fees Free
  • Free from Equifax until January 31, 2018
  • Free for id theft victims & in some states free for people over age 62
  • Otherwise, $5-$10 per credit reporting agency (CRA) each time you freeze or unfreeze
  • Free from Equifax, as part of free credit monitoring service
  • Otherwise, CRAs may charge monthly fees
  • Monthly fees may change
Links Place a fraud alert with any one of the three:

Place a credit freeze with all three:

Place a credit lock with all three:

Turning them on and off A fraud alert:

  • Lasts 90 days
  • Can be renewed for free for an additional 90 days, as many times as you want
To freeze or unfreeze:

  • Online or by phone
  • Requires a PIN
To lock or unlock:

  • Online only
  • No PIN required

Downloadable PDF version

If you or your business have legal questions or concerns regarding disaster preparedness, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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The Dark Web: What you and your business need to know

ftcDuring a recent meeting at Prince Law Offices, P.C., we were discussing ransomware and the dark web.  The Federal Trade Commission (FTC) recently posted a helpful description of the dark web and how it may impact you and your business.

You probably have heard about the “dark web” and wondered how it affects businesses – including small businesses. That was one of the topics addressed at an FTC conference earlier this year on identity theft. Recent headlines about high-profile data breaches have added even more urgency to the discussion. So why should the dark web matter to your company? Unfortunately, when a business suffers a breach, the dark web is often the next stop that sensitive data makes after it’s been stolen.

What is the dark web?

It’s a term that describes places on the internet not indexed by traditional search engines. While not every site on the dark web engages in criminal activity, the dark web is where sites that illegally sell consumer data and other black market goods tend to congregate. For identity thieves, the dark web is a sophisticated marketplace providing one-stop shopping to get the tools to commit cybercrime – whether it’s malware kits, stolen account information, or “drop” or “cash-out” services to help monetize their crimes.

What’s the link between the dark web and a business that experiences a breach?

In many instances, data stolen from businesses ends up on the dark web where criminals buy and sell it to commit fraud, get fake identity documents, or fund their criminal organizations.

Dark web offerings often include but aren’t limited to stolen credit cards. Identity thieves also can get compromised bank accounts, health records, credentials, and forged documents. They can even buy entire wallets, complete with credit cards, driver’s licenses, and documents like Social Security numbers and birth certificates – everything a criminal needs to create a new identity.

 

 

How does the dark web impact small businesses?

With so much media focus on data breaches at companies that possess personal information about millions of consumers, some smaller businesses and organizations might think that cybercriminals wouldn’t target them. They would be wrong. First, the reality is that cybercriminals don’t always target a particular business. They often use automated tools to scope out vulnerabilities in any system, including small businesses. Second, as presenters noted at the FTC conference, information available for sale on the dark web is up to 20 times more likely to come from an entity whose breach wasn’t reported in the media. Many of these are smaller retailers, restaurant chains, medical practices, school districts, etc. In fact, most of the breaches the U.S. Secret Service investigates involve small businesses.

There’s another way that data breaches injure us all. Identity theft and fraud have become go-to methods for funding criminal activity in the U.S. and around the world.

And all of this data links back to a real person – your customer – whose life can be adversely affected. Turning their financial affairs into a Gordian Knot is just the start. Some people have had their licenses revoked, been pulled over and arrested, or had criminal warrants issued in their name because of identity theft. When their information is used to commit medical identity theft, even their health could be at risk. Criminals have been known to use stolen data to get medical care or prescription drugs in someone else’s name. When an identity theft victim’s medical records become commingled with a perpetrator’s health information, the consequences could be catastrophic.

What can you and your business do to reduce the risk that information you collect could find its way to the dark web?

It starts with security and continues with your commitment to stick with it. The FTC’s data security page has resources for businesses of any size and sector. If you have customers, employees, or friends who are victims of identity theft, encourage them to report it and get a customized recovery plan at IdentityTheft.gov.

If you or your business have legal questions or concerns regarding disaster preparedness, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Stick with Security – Part 1

stick_with_security_1When it comes to data security, what’s reasonable will depend on the size and nature of your business and the kind of data you deal with. But certain principles apply across the board: Don’t collect sensitive information you don’t need. Protect the information you maintain. And train your staff to carry out your policies.

The FTC’s Start with Security initiative was built on those fundamentals. Some helpful tips follow.

DON’T COLLECT PERSONAL INFORMATION YOU DON’T NEED.

It’s a simple proposition: If you don’t ask for sensitive data in the first place, you won’t have to take steps to protect it. Of course, there will be data you must maintain, but the old habit of collecting confidential information “just because” doesn’t hold water in the cyber era. Continue reading

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Stick with Security: FTC Providing Insights on Data Security Practices

ftc_logo_430As part of its ongoing efforts to help businesses ensure they are taking reasonable steps to protect and secure consumer data, the Federal Trade Commission (FTC) is publishing a series of blog posts using hypothetical examples based on lessons from closed investigations, FTC law enforcement actions, and questions from businesses. These new posts will build on the FTC’s Start with Security guide for businesses.

FTC Acting Chairman Maureen K. Ohlhausen pledged earlier this year to be more transparent about the lessons learned from the FTC’s closed data security investigations and to provide additional information for businesses about practices that contribute to reasonable data security, culminating in this “Stick with Security” Initiative.

In the first blog post published July 21, 2017, the FTC highlights some of the themes that have emerged from an examination of closed FTC data security investigations. For example, while news reports might call attention to a data breach, they might not focus on the fact that the company that suffered the breach had encrypted the data, which substantially reduces the risk of consumer injury (and legal liability). Another lesson gleaned is that security researchers’ valuable work can alert us to new vulnerabilities, but sometimes the risk of a vulnerability being exploited to cause consumer injury is more theoretical than likely. Another key lesson is that in almost every closed case, the entities involved used the same common-sense security fundamentals outlined in the FTC’s Start with Security guide for businesses.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Attorney Franklin Presents at Pennsylvania Bar Association Conference

 

PBA ConferencePrince Law Offices, P.C. Attorney Jeffrey A. Franklin was pleased to present two sessions at the Annual Pennsylvania Bar Association Solo and Small Practice Conference at Bedford Springs this week. Attorney Franklin spoke regarding Title 15 (new Pennsylvania business entity law Act 170) and Virtual Practice technology issues.

Mr. Franklin assists entrepreneurs to form new business entities, to improve existing businesses, and with mergers and acquisitions.  If you desire assistance regarding your business formation, agreements, intellectual property, trademarks, copyright, zoning, real estate law, cyber security, insurance, etc., contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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Is Computer Tech Support Really Calling to Help You?

Does the thought of losing everything on your computer leave you queasy? That’s the anxiety fraudsters attempt to exploit with tech support scams – and it’s conduct the Federal Trade Commission (FTC) and law enforcement partners are challenging through 16 civil and criminal (yes, criminal) actions announced as part of Operation Tech Trap.

Tech support scammers’ modus operandi is to run ads that resemble pop-up security alerts from Microsoft, Apple, or other companies. Consumers are warned that their computers are infected with viruses or are under hack attack. Some pop-ups even feature a countdown clock, supposedly showing the time remaining before the hard drive will be fried – unless the consumer calls a toll-free number supposedly affiliated with one of those big-name companies.

Once operators have consumers on the phone, the real theatrics begin. Operators claim to need remote access to consumers’ computers so they can run “diagnostic tests.” Those tests purport to reveal grave problems that can only be solved by one of their “certified technicians” – for a hefty fee, of course. Companies use high-pressure tactics to strong-arm consumers into paying hundreds of dollars for unnecessary repairs, anti-virus protection or software, and other products and services. (Here’s an example of a pitch in action from the FTC.)

 

In settling a case against Click4Support LLC and others, the FTC and AGs from Connecticut and Pennsylvania announced that the defendants are banned from marketing technical support services, will pay a total of more than $554,000, and will forfeit an additional $1.3 million held by the court-appointed receiver. A federal judge in Philadelphia also entered a $27 million default judgment against a related party.

But that’s not all. There have been several other similar cases brought by the FTC.

How does this boil down for you or your business?

  • Consumers get caught in tech support scammers’ web, but so do small businesses and people who work from home. The FTC has updated its advice on what you can do to protect yourself. Also, the FTC will be hosting a roundtable this summer for law enforcement agencies leading the charge against this kind of fraud and for businesses affected by tech support scams, including companies whose names have been misused by con artists. Looking for tips on spotting other B2B scams? The FTC’s new Protecting Small Businesses site is designed with you in mind.
  • People who participate in tech support scams aren’t just risking their assets and future livelihoods. They could face criminal prosecution.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, including assistance with policies, prevention or recovery from a ransomware attack and cybersecurity insurance or insurance claims, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Cybersecurity Strengthened with Executive Order

STRENGTHENING THE CYBERSECURITY OF FEDERAL NETWORKS AND CRITICAL INFRASTRUCTUREwh_logo_seal

President Donald Trump on May 11, 2017 signed an executive order (EO) on cybersecurity that requires agency heads to enhance the security of their networks, systems, and data, as well as requires their adoption of the National Institute of Standards and Technology’s (NIST) cybersecurity risk framework of best security practices.

The EO has been in the works for a while and revised a few times.  Among the key elements is a call for modernizing and consolidating government network technologies and infrastructures; a report on the technology supply chain risks to the US Department of Defense; support for security of critical infrastructure; an assessment of cyberattack and disruption of the nation’s power grid; and a call for skilled cybersecurity talent.

“Effective immediately, each agency head shall use The Framework for Improving Critical Infrastructure Cybersecurity (the Framework) developed by the National Institute of Standards and Technology, or any successor document, to manage the agency’s cybersecurity risk.  Each agency head shall provide a risk management report to the Secretary of Homeland Security and the Director of the Office of Management and Budget (OMB) within 90 days of the date of this order,” according to the EO.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, including assistance with policies, prevention or recovery from a ransomware attack and cybersecurity insurance or insurance claims, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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