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New White House Announcement on the Vulnerability Equities Process

The White House has released a new version of the Vulnerabilities Equities Process (VEP). This is the inter-agency process by which the US government decides whether to inform the software vendor of a vulnerability it finds, or keep it secret and use it to eavesdrop on or attack other systems. You can read the new policy or the fact sheet, but the best place to start is Cybersecurity Coordinator Rob Joyce’s blog post.

In considering a way forward, there are some key tenets on which we can build a better process.

Improved transparency is critical. The American people should have confidence in the integrity of the process that underpins decision making about discovered vulnerabilities. Since I took my post as Cybersecurity Coordinator, improving the VEP and ensuring its transparency have been key priorities, and we have spent the last few months reviewing our existing policy in order to improve the process and make key details about the VEP available to the public. Through these efforts, we have validated much of the existing process and ensured a rigorous standard that considers many potential equities.

The interests of all stakeholders must be fairly represented. At a high level we consider four major groups of equities: defensive equities; intelligence / law enforcement / operational equities; commercial equities; and international partnership equities. Additionally, ordinary people want to know the systems they use are resilient, safe, and sound. These core considerations, which have been incorporated into the VEP Charter, help to standardize the process by which decision makers weigh the benefit to national security and the national interest when deciding whether to disclose or restrict knowledge of a vulnerability.

Accountability of the process and those who operate it is important to establish confidence in those served by it. Our public release of the unclassified portions Charter will shed light on aspects of the VEP that were previously shielded from public review, including who participates in the VEP’s governing body, known as the Equities Review Board. We make it clear that departments and agencies with protective missions participate in VEP discussions, as well as other departments and agencies that have broader equities, like the Department of State and the Department of Commerce. We also clarify what categories of vulnerabilities are submitted to the process and ensure that any decision not to disclose a vulnerability will be reevaluated regularly. There are still important reasons to keep many of the specific vulnerabilities evaluated in the process classified, but we will release an annual report that provides metrics about the process to further inform the public about the VEP and its outcomes.

Our system of government depends on informed and vigorous dialogue to discover and make available the best ideas that our diverse society can generate. This publication of the VEP Charter will likely spark discussion and debate. This discourse is important. I also predict that articles will make breathless claims of “massive stockpiles” of exploits while describing the issue. That simply isn’t true. The annual reports and transparency of this effort will reinforce that fact.

Mozilla is pleased with the new charter. I am less so; it looks to me like the same old policy with some new transparency measures — which I’m not sure I trust. The devil is in the details, and we don’t know the details — and it has giant loopholes that pretty much anything can fall through:

The United States Government’s decision to disclose or restrict vulnerability information could be subject to restrictions by partner agreements and sensitive operations. Vulnerabilities that fall within these categories will be cataloged by the originating Department/Agency internally and reported directly to the Chair of the ERB. The details of these categories are outlined in Annex C, which is classified. Quantities of excepted vulnerabilities from each department and agency will be provided in ERB meetings to all members.

This is me from last June:

There’s a lot we don’t know about the VEP. The Washington Post says that the NSA used EternalBlue “for more than five years,” which implies that it was discovered after the 2010 process was put in place. It’s not clear if all vulnerabilities are given such consideration, or if bugs are periodically reviewed to determine if they should be disclosed. That said, any VEP that allows something as dangerous as EternalBlue — or the Cisco vulnerabilities that the Shadow Brokers leaked last August to remain unpatched for years isn’t serving national security very well. As a former NSA employee said, the quality of intelligence that could be gathered was “unreal.” But so was the potential damage. The NSA must avoid hoarding vulnerabilities.

I stand by that, and am not sure the new policy changes anything.

More commentary.

Here’s more about the Windows vulnerabilities hoarded by the NSA and released by the Shadow Brokers.

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Me on the Equifax Breach

Last week, I testified before the House Energy and Commerce committee on the Equifax hack. You can watch the video here. And you can read my written testimony below.

Testimony and Statement for the Record of Bruce Schneier
Fellow and Lecturer, Belfer Center for Science and International Affairs, Harvard Kennedy School Fellow, Berkman Center for Internet and Society at Harvard Law School

Hearing on “Securing Consumers’ Credit Data in the Age of Digital Commerce”

Before the Subcommittee on Digital Commerce and Consumer Protection Committee on Energy and Commerce United States House of Representatives

1 November 2017
2125 Rayburn House Office Building
Washington, DC 20515

Mister Chairman and Members of the Committee, thank you for the opportunity to testify today concerning the security of credit data. My name is Bruce Schneier, and I am a security technologist. For over 30 years I have studied the technologies of security and privacy. I have authored 13 books on these subjects, including Data and Goliath: The Hidden Battles to Collect Your Data and Control Your World (Norton, 2015). My popular newsletter CryptoGram and my blog Schneier on Security are read by over 250,000 people.

Additionally, I am a Fellow and Lecturer at the Harvard Kennedy School of Government­ — where I teach Internet security policy — ­and a Fellow at the Berkman Klein Center for Internet and Society at Harvard Law School. I am a board member of the Electronic Frontier Foundation, AccessNow, and the Tor Project; and an advisory board member of Electronic Privacy Information Center and VerifiedVoting.org. I am also a special advisor to IBM Security and the Chief Technology Officer of IBM Resilient.

I am here representing none of those organizations, and speak only for myself based on my own expertise and experience.

I have eleven main points:

1. The Equifax breach was a serious security breach that puts millions of Americans at risk.

Equifax reported that 145.5 million US customers, about 44% of the population, were impacted by the breach. (That’s the original 143 million plus the additional 2.5 million disclosed a month later.) The attackers got access to full names, Social Security numbers, birth dates, addresses, and driver’s license numbers.

This is exactly the sort of information criminals can use to impersonate victims to banks, credit card companies, insurance companies, cell phone companies and other businesses vulnerable to fraud. As a result, all 143 million US victims are at greater risk of identity theft, and will remain at risk for years to come. And those who suffer identify theft will have problems for months, if not years, as they work to clean up their name and credit rating.

2. Equifax was solely at fault.

This was not a sophisticated attack. The security breach was a result of a vulnerability in the software for their websites: a program called Apache Struts. The particular vulnerability was fixed by Apache in a security patch that was made available on March 6, 2017. This was not a minor vulnerability; the computer press at the time called it “critical.” Within days, it was being used by attackers to break into web servers. Equifax was notified by Apache, US CERT, and the Department of Homeland Security about the vulnerability, and was provided instructions to make the fix.

Two months later, Equifax had still failed to patch its systems. It eventually got around to it on July 29. The attackers used the vulnerability to access the company’s databases and steal consumer information on May 13, over two months after Equifax should have patched the vulnerability.

The company’s incident response after the breach was similarly damaging. It waited nearly six weeks before informing victims that their personal information had been stolen and they were at increased risk of identity theft. Equifax opened a website to help aid customers, but the poor security around that­ — the site was at a domain separate from the Equifax domain­ — invited fraudulent imitators and even more damage to victims. At one point, the official Equifax communications even directed people to that fraudulent site.

This is not the first time Equifax failed to take computer security seriously. It confessed to another data leak in January 2017. In May 2016, one of its websites was hacked, resulting in 430,000 people having their personal information stolen. Also in 2016, a security researcher found and reported a basic security vulnerability in its main website. And in 2014, the company reported yet another security breach of consumer information. There are more.

3. There are thousands of data brokers with similarly intimate information, similarly at risk. Equifax is more than a credit reporting agency. It’s a data broker. It collects information about all of us, analyzes it all, and then sells those insights. It might be one of the biggest, but there are 2,500 to 4,000 other data brokers that are collecting, storing, and selling information about us­ — almost all of them companies you’ve never heard of and have no business relationship with.

The breadth and depth of information that data brokers have is astonishing. Data brokers collect and store billions of data elements covering nearly every US consumer. Just one of the data brokers studied holds information on more than 1.4 billion consumer transactions and 700 billion data elements, and another adds more than 3 billion new data points to its database each month.

These brokers collect demographic information: names, addresses, telephone numbers, e-mail addresses, gender, age, marital status, presence and ages of children in household, education level, profession, income level, political affiliation, cars driven, and information about homes and other property. They collect lists of things we’ve purchased, when we’ve purchased them, and how we paid for them. They keep track of deaths, divorces, and diseases in our families. They collect everything about what we do on the Internet.

4. These data brokers deliberately hide their actions, and make it difficult for consumers to learn about or control their data.

If there were a dozen people who stood behind us and took notes of everything we purchased, read, searched for, or said, we would be alarmed at the privacy invasion. But because these companies operate in secret, inside our browsers and financial transactions, we don’t see them and we don’t know they’re there.

Regarding Equifax, few consumers have any idea what the company knows about them, who they sell personal data to or why. If anyone knows about them at all, it’s about their business as a credit bureau, not their business as a data broker. Their website lists 57 different offerings for business: products for industries like automotive, education, health care, insurance, and restaurants.

In general, options to “opt-out” don’t work with data brokers. It’s a confusing process, and doesn’t result in your data being deleted. Data brokers will still collect data about consumers who opt out. It will still be in those companies’ databases, and will still be vulnerable. It just won’t be included individually when they sell data to their customers.

5. The existing regulatory structure is inadequate.

Right now, there is no way for consumers to protect themselves. Their data has been harvested and analyzed by these companies without their knowledge or consent. They cannot improve the security of their personal data, and have no control over how vulnerable it is. They only learn about data breaches when the companies announce them­ — which can be months after the breaches occur­ — and at that point the onus is on them to obtain credit monitoring services or credit freezes. And even those only protect consumers from some of the harms, and only those suffered after Equifax admitted to the breach.

Right now, the press is reporting “dozens” of lawsuits against Equifax from shareholders, consumers, and banks. Massachusetts has sued Equifax for violating state consumer protection and privacy laws. Other states may follow suit.

If any of these plaintiffs win in the court, it will be a rare victory for victims of privacy breaches against the companies that have our personal information. Current law is too narrowly focused on people who have suffered financial losses directly traceable to a specific breach. Proving this is difficult. If you are the victim of identity theft in the next month, is it because of Equifax or does the blame belong to another of the thousands of companies who have your personal data? As long as one can’t prove it one way or the other, data brokers remain blameless and liability free.

Additionally, much of this market in our personal data falls outside the protections of the Fair Credit Reporting Act. And in order for the Federal Trade Commission to levy a fine against Equifax, it needs to have a consent order and then a subsequent violation. Any fines will be limited to credit information, which is a small portion of the enormous amount of information these companies know about us. In reality, this is not an effective enforcement regime.

Although the FTC is investigating Equifax, it is unclear if it has a viable case.

6. The market cannot fix this because we are not the customers of data brokers.

The customers of these companies are people and organizations who want to buy information: banks looking to lend you money, landlords deciding whether to rent you an apartment, employers deciding whether to hire you, companies trying to figure out whether you’d be a profitable customer­ — everyone who wants to sell you something, even governments.

Markets work because buyers choose from a choice of sellers, and sellers compete for buyers. None of us are Equifax’s customers. None of us are the customers of any of these data brokers. We can’t refuse to do business with the companies. We can’t remove our data from their databases. With few limited exceptions, we can’t even see what data these companies have about us or correct any mistakes.

We are the product that these companies sell to their customers: those who want to use our personal information to understand us, categorize us, make decisions about us, and persuade us.

Worse, the financial markets reward bad security. Given the choice between increasing their cybersecurity budget by 5%, or saving that money and taking the chance, a rational CEO chooses to save the money. Wall Street rewards those whose balance sheets look good, not those who are secure. And if senior management gets unlucky and the a public breach happens, they end up okay. Equifax’s CEO didn’t get his $5.2 million severance pay, but he did keep his $18.4 million pension. Any company that spends more on security than absolutely necessary is immediately penalized by shareholders when its profits decrease.

Even the negative PR that Equifax is currently suffering will fade. Unless we expect data brokers to put public interest ahead of profits, the security of this industry will never improve without government regulation.

7. We need effective regulation of data brokers.

In 2014, the Federal Trade Commission recommended that Congress require data brokers be more transparent and give consumers more control over their personal information. That report contains good suggestions on how to regulate this industry.

First, Congress should help plaintiffs in data breach cases by authorizing and funding empirical research on the harm individuals receive from these breaches.

Specifically, Congress should move forward legislative proposals that establish a nationwide “credit freeze” — ­which is better described as changing the default for disclosure from opt-out to opt-in — ­and free lifetime credit monitoring services. By this I do not mean giving customers free credit-freeze options, a a href=”http://money.cnn.com/2017/09/15/pf/warren-schatz-equifax/index.html”>proposalby Senators Warren and Schatz, but that the default should be a credit freeze.

The credit card industry routinely notifies consumers when there are suspicious charges. It is obvious that credit reporting agencies should have a similar obligation to notify consumers when there is suspicious activity concerning their credit report.

On the technology side, more could be done to limit the amount of personal data companies are allowed to collect. Increasingly, privacy safeguards impose “data minimization” requirements to ensure that only the data that is actually needed is collected. On the other hand, Congress should not create a new national identifier to replace the Social Security Numbers. That would make the system of identification even more brittle. Better is to reduce dependence on systems of identification and to create contextual identification where necessary.

Finally, Congress needs to give the Federal Trade Commission the authority to set minimum security standards for data brokers and to give consumers more control over their personal information. This is essential as long as consumers are these companies’ products and not their customers.

8. Resist complaints from the industry that this is “too hard.”

The credit bureaus and data brokers, and their lobbyists and trade-association representatives, will claim that many of these measures are too hard. They’re not telling you the truth.

Take one example: credit freezes. This is an effective security measure that protects consumers, but the process of getting one and of temporarily unfreezing credit is made deliberately onerous by the credit bureaus. Why isn’t there a smartphone app that alerts me when someone wants to access my credit rating, and lets me freeze and unfreeze my credit at the touch of the screen? Too hard? Today, you can have an app on your phone that does something similar if you try to log into a computer network, or if someone tries to use your credit card at a physical location different from where you are.

Moreover, any credit bureau or data broker operating in Europe is already obligated to follow the more rigorous EU privacy laws. The EU General Data Protection Regulation will come into force, requiring even more security and privacy controls for companies collecting storing the personal data of EU citizens. Those companies have already demonstrated that they can comply with those more stringent regulations.

Credit bureaus, and data brokers in general, are deliberately not implementing these 21st-century security solutions, because they want their services to be as easy and useful as possible for their actual customers: those who are buying your information. Similarly, companies that use this personal information to open accounts are not implementing more stringent security because they want their services to be as easy-to-use and convenient as possible.

9. This has foreign trade implications.

The Canadian Broadcast Corporation reported that 100,000 Canadians had their data stolen in the Equifax breach. The British Broadcasting Corporation originally reported that 400,000 UK consumers were affected; Equifax has since revised that to 15.2 million.

Many American Internet companies have significant numbers of European users and customers, and rely on negotiated safe harbor agreements to legally collect and store personal data of EU citizens.

The European Union is in the middle of a massive regulatory shift in its privacy laws, and those agreements are coming under renewed scrutiny. Breaches such as Equifax give these European regulators a powerful argument that US privacy regulations are inadequate to protect their citizens’ data, and that they should require that data to remain in Europe. This could significantly harm American Internet companies.

10. This has national security implications.

Although it is still unknown who compromised the Equifax database, it could easily have been a foreign adversary that routinely attacks the servers of US companies and US federal agencies with the goal of exploiting security vulnerabilities and obtaining personal data.

When the Fair Credit Reporting Act was passed in 1970, the concern was that the credit bureaus might misuse our data. That is still a concern, but the world has changed since then. Credit bureaus and data brokers have far more intimate data about all of us. And it is valuable not only to companies wanting to advertise to us, but foreign governments as well. In 2015, the Chinese breached the database of the Office of Personal Management and stole the detailed security clearance information of 21 million Americans. North Korea routinely engages in cybercrime as way to fund its other activities. In a world where foreign governments use cyber capabilities to attack US assets, requiring data brokers to limit collection of personal data, securely store the data they collect, and delete data about consumers when it is no longer needed is a matter of national security.

11. We need to do something about it.

Yes, this breach is a huge black eye and a temporary stock dip for Equifax — ­this month. Soon, another company will have suffered a massive data breach and few will remember Equifax’s problem. Does anyone remember last year when Yahoo admitted that it exposed personal information of a billion users in 2013 and another half billion in 2014?

Unless Congress acts to protect consumer information in the digital age, these breaches will continue.

Thank you for the opportunity to testify today. I will be pleased to answer your questions.

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FBI Increases Its Anti-Encryption Rhetoric

Earlier this month, Deputy Attorney General Rod Rosenstein gave a speech warning that a world with encryption is a world without law — or something like that. The EFF’s Kurt Opsahl takes it apart pretty thoroughly.

Last week, FBI Director Christopher Wray said much the same thing.

This is an idea that will not die.

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IoT Cybersecurity: What’s Plan B?

In August, four US Senators introduced a bill designed to improve Internet of Things (IoT) security. The IoT Cybersecurity Improvement Act of 2017 is a modest piece of legislation. It doesn’t regulate the IoT market. It doesn’t single out any industries for particular attention, or force any companies to do anything. It doesn’t even modify the liability laws for embedded software. Companies can continue to sell IoT devices with whatever lousy security they want.

What the bill does do is leverage the government’s buying power to nudge the market: any IoT product that the government buys must meet minimum security standards. It requires vendors to ensure that devices can not only be patched, but are patched in an authenticated and timely manner; don’t have unchangeable default passwords; and are free from known vulnerabilities. It’s about as low a security bar as you can set, and that it will considerably improve security speaks volumes about the current state of IoT security. (Full disclosure: I helped draft some of the bill’s security requirements.)

The bill would also modify the Computer Fraud and Abuse and the Digital Millennium Copyright Acts to allow security researchers to study the security of IoT devices purchased by the government. It’s a far narrower exemption than our industry needs. But it’s a good first step, which is probably the best thing you can say about this legislation.

However, it’s unlikely this first step will even be taken. I am writing this column in August, and have no doubt that the bill will have gone nowhere by the time you read it in October or later. If hearings are held, they won’t matter. The bill won’t have been voted on by any committee, and it won’t be on any legislative calendar. The odds of this bill becoming law are zero. And that’s not just because of current politics — I’d be equally pessimistic under the Obama administration.

But the situation is critical. The Internet is dangerous — and the IoT gives it not just eyes and ears, but also hands and feet. Security vulnerabilities, exploits, and attacks that once affected only bits and bytes now affect flesh and blood.

Markets, as we’ve repeatedly learned over the past century, are terrible mechanisms for improving the safety of products and services. It was true for automobile, food, restaurant, airplane, fire, and financial-instrument safety. The reasons are complicated, but basically, sellers don’t compete on safety features because buyers can’t efficiently differentiate products based on safety considerations. The race-to-the-bottom mechanism that markets use to minimize prices also minimizes quality. Without government intervention, the IoT remains dangerously insecure.

The US government has no appetite for intervention, so we won’t see serious safety and security regulations, a new federal agency, or better liability laws. We might have a better chance in the EU. Depending on how the General Data Protection Regulation on data privacy pans out, the EU might pass a similar security law in 5 years. No other country has a large enough market share to make a difference.

Sometimes we can opt out of the IoT, but that option is becoming increasingly rare. Last year, I tried and failed to purchase a new car without an Internet connection. In a few years, it’s going to be nearly impossible to not be multiply connected to the IoT. And our biggest IoT security risks will stem not from devices we have a market relationship with, but from everyone else’s cars, cameras, routers, drones, and so on.

We can try to shop our ideals and demand more security, but companies don’t compete on IoT safety — and we security experts aren’t a large enough market force to make a difference.

We need a Plan B, although I’m not sure what that is. Comment if you have any ideas.

This essay previously appeared in the September/October issue of IEEE Security & Privacy.

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Department of Homeland Security to Collect Social Media of Immigrants and Citizens

New rules give the DHS permission to collect “social media handles, aliases, associated identifiable information, and search results” as part of people’s immigration file. The Federal Register has the details, which seems to also include US citizens that communicate with immigrants.

This is part of the general trend to scrutinize people coming into the US more, but it’s hard to get too worked up about the DHS accessing publicly available information. More disturbing is the trend of occasionally asking for social media passwords at the border.

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What the NSA Collects via 702

New York Times reporter Charlie Savage writes about some bad statistics we’re all using:

Among surveillance legal policy specialists, it is common to cite a set of statistics from an October 2011 opinion by Judge John Bates, then of the FISA Court, about the volume of internet communications the National Security Agency was collecting under the FISA Amendments Act (“Section 702”) warrantless surveillance program. In his opinion, declassified in August 2013, Judge Bates wrote that the NSA was collecting more than 250 million internet communications a year, of which 91 percent came from its Prism system (which collects stored e-mails from providers like Gmail) and 9 percent came from its upstream system (which collects transmitted messages from network operators like AT&T).

These numbers are wrong. This blog post will address, first, the widespread nature of this misunderstanding; second, how I came to FOIA certain documents trying to figure out whether the numbers really added up; third, what those documents show; and fourth, what I further learned in talking to an intelligence official. This is far too dense and weedy for a New York Times article, but should hopefully be of some interest to specialists.

Worth reading for the details.

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On the Equifax Data Breach

Last Thursday, Equifax reported a data breach that affects 143 million US customers, about 44% of the population. It’s an extremely serious breach; hackers got access to full names, Social Security numbers, birth dates, addresses, driver’s license numbers — exactly the sort of information criminals can use to impersonate victims to banks, credit card companies, insurance companies, and other businesses vulnerable to fraud.

Many sites posted guides to protecting yourself now that it’s happened. But if you want to prevent this kind of thing from happening again, your only solution is government regulation (as unlikely as that may be at the moment).

The market can’t fix this. Markets work because buyers choose between sellers, and sellers compete for buyers. In case you didn’t notice, you’re not Equifax’s customer. You’re its product.

This happened because your personal information is valuable, and Equifax is in the business of selling it. The company is much more than a credit reporting agency. It’s a data broker. It collects information about all of us, analyzes it all, and then sells those insights.

Its customers are people and organizations who want to buy information: banks looking to lend you money, landlords deciding whether to rent you an apartment, employers deciding whether to hire you, companies trying to figure out whether you’d be a profitable customer — everyone who wants to sell you something, even governments.

It’s not just Equifax. It might be one of the biggest, but there are 2,500 to 4,000 other data brokers that are collecting, storing, and selling information about you — almost all of them companies you’ve never heard of and have no business relationship with.

Surveillance capitalism fuels the Internet, and sometimes it seems that everyone is spying on you. You’re secretly tracked on pretty much every commercial website you visit. Facebook is the largest surveillance organization mankind has created; collecting data on you is its business model. I don’t have a Facebook account, but Facebook still keeps a surprisingly complete dossier on me and my associations — just in case I ever decide to join.

I also don’t have a Gmail account, because I don’t want Google storing my e-mail. But my guess is that it has about half of my e-mail anyway, because so many people I correspond with have accounts. I can’t even avoid it by choosing not to write to gmail.com addresses, because I have no way of knowing if newperson@company.com is hosted at Gmail.

And again, many companies that track us do so in secret, without our knowledge and consent. And most of the time we can’t opt out. Sometimes it’s a company like Equifax that doesn’t answer to us in any way. Sometimes it’s a company like Facebook, which is effectively a monopoly because of its sheer size. And sometimes it’s our cell phone provider. All of them have decided to track us and not compete by offering consumers privacy. Sure, you can tell people not to have an e-mail account or cell phone, but that’s not a realistic option for most people living in 21st-century America.

The companies that collect and sell our data don’t need to keep it secure in order to maintain their market share. They don’t have to answer to us, their products. They know it’s more profitable to save money on security and weather the occasional bout of bad press after a data loss. Yes, we are the ones who suffer when criminals get our data, or when our private information is exposed to the public, but ultimately why should Equifax care?

Yes, it’s a huge black eye for the company — this week. Soon, another company will have suffered a massive data breach and few will remember Equifax’s problem. Does anyone remember last year when Yahoo admitted that it exposed personal information of a billion users in 2013 and another half billion in 2014?

This market failure isn’t unique to data security. There is little improvement in safety and security in any industry until government steps in. Think of food, pharmaceuticals, cars, airplanes, restaurants, workplace conditions, and flame-retardant pajamas.

Market failures like this can only be solved through government intervention. By regulating the security practices of companies that store our data, and fining companies that fail to comply, governments can raise the cost of insecurity high enough that security becomes a cheaper alternative. They can do the same thing by giving individuals affected by these breaches the ability to sue successfully, citing the exposure of personal data itself as a harm.

By all means, take the recommended steps to protect yourself from identity theft in the wake of Equifax’s data breach, but recognize that these steps are only effective on the margins, and that most data security is out of your hands. Perhaps the Federal Trade Commission will get involved, but without evidence of “unfair and deceptive trade practices,” there’s nothing it can do. Perhaps there will be a class-action lawsuit, but because it’s hard to draw a line between any of the many data breaches you’re subjected to and a specific harm, courts are not likely to side with you.

If you don’t like how careless Equifax was with your data, don’t waste your breath complaining to Equifax. Complain to your government.

This essay previously appeared on CNN.com.

EDITED TO ADD: In the early hours of this breach, I did a radio interview where I minimized the ramifications of this. I didn’t know the full extent of the breach, and thought it was just another in an endless string of breaches. I wondered why the press was covering this one and not many of the others. I don’t remember which radio show interviewed me. I kind of hope it didn’t air.

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