Albert Gonzalez Gets 20 Years for TJX / Heartland Breaches

Last week was a tough week for Albert Gonzalez, the so-called "leader of the largest hacking and identity theft ring ever prosecuted by the U.S. government."  Gonzalez received a sentence of 20 years of imprisonment in two separate federal cases against him.  The hacker, known variously as "segvec," "soupnazi" and "j4guar17" pled guilty in the New Jersey and Massachusetts cases for his role as mastermind of the two largest financial data breaches ever, those involving TJX and Heartland Payment Systems. 

The federal court sentencing entries states that after Gonzalez serves his 240-month sentence, he will be subject to 3 years of supervised release, fines and substantial restitution, to be determined at hearings scheduled in June.  The Department of Justice press release (.pdf) details some of Gonzalez's activities, which included:

  • Wardriving: "driving around in a car with a laptop computer looking for unsecure wireless computer networks of retailers."
  • Installation of sniffer programs to capture credit and debit card numbers used at retail stores.
  • Selling credit and debit card numbers to others for fraudulent use.

The DOJ press release also indicates that while six of Gonzalez's co-conspirators have been captured (as far away as in Germany and Turkey), Gonzalez's activities may have compromised "tens of millions of credit and debit card numbers, affecting more than 250 financial institutions."

In January, we posted details from the debate during Gonzalez sentencing including his claim that he suffered from "internet addiction."  At that time, Gonzalez's attorneys requested a sentence of 15 years for his crimes. 

Subject of FBI Investigation Reveals Government Concerns About Access to Federal Courts' Public PACER System

Reddit co-founder Aaron Swartz was apparently the subject of an FBI investigation for “participating in a project to take the publicly owned US court records from the PACER database (where they were very expensive to access) and put them on the web.” 

Mr. Swartz has made this information public by releasing the contents of his FBI file, obtained through a Freedom of Information Act request. His file reveals that the FBI was treating his access of PACER as a crime which cost the victim, the Administrative Office of the US Courts, approximately $1.5 million. The file suggests, but does not explicitly sate, that the crime may have been a violation of the Computer Fraud and Abuse Act (18 U.S.C. §1030), as the FBI apparently asked the Administrative Office of the US Courts how Mr. Swartz would have know his access was unauthorized.

The FBI closed its investigation of Mr. Swartz without filing charges. The investigation of Swartz's activity, coupled with questions about what constitutes accessing a computer "without authorization" under anti-hacking statutes (as I previously discussed here), suggests that future efforts to open the PACER system (as well as existing efforts, like RECAP) may meet with some government resistance.

For more on efforts to make the PACER system more accessible to the public se our previous posts on the subject.

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Incident of the Week (Year?): Hacker Responsible for Largest Data Breach in U.S. History Indicted

According to a press release from the United States Attorney's Office for the District of New Jersey, yesterday an "indictment was returned against three individuals who are charged with being responsible for five corporate data breaches, including the single largest reported data breach in U.S. history."  According to the press release, the indictment describes a scheme whereby Albert "Segvec" Gonzalez and two unnamed Russian defendants (identified as "Hacker 1" and "Hacker 2") stole "more than 130 million credit and debit card numbers together with account information" from Heartland Payment Systems, 7-Eleven, Inc., and Hannaford Brothers Co.," and also hacked into two unidentified corporate victims.

Note that this is the same Albert Gonzalez that is awaiting trial for his role in the notable attack suffered by TJX that is now only the second largest known breach of its kind.

The indictment alleges that, between October 2006 and May 2008, Gonzales and an uncharged co-conspirator named "P.T." identified potential corporate victims by, among other things, reviewing a list of Fortune 500 companies.  They would then travel to retail stores of potential victims to identify point of sale terminals (checkout machines) and learn about potential vulnerabilities of those systems.  P.T. would visit the corporate websites of potential victims to identify vulnerabilities in the payment processing systems the victims used.  According to the indictment, the conspirators maintained computers in New Jersey and around the world that stored malware and other information critical to the hack.  Gonzalez, P.T. and Hackers 1 and 2 then hacked into the victims' networks using various methods, including SQL injection attacks, which is a well-known attack that exploits security vulnerabilities between an online interface and the back-end customer database.

Once they had hacked into the computer networks, the conspirators placed malware on the victims' networks that enabled them to access the networks at a later date.  They would then find credit and debit card data and transmit it to servers they controlled.  At the same time, they installed "sniffer" programs, which would conduct real-time interception of data being processed by the victims and periodically transfer this data to the conspirators.  The indictment alleges that the conspirators often worked together on a real-time basis via instant messaging to advise each other how to navigate the victims' networks.  The conspirators concealed their actions in numerous ways, including disguising the IP addresses of their computers through intermediary (or "proxy") servers, and by placing additional malware on the victims' networks that could evade anti-virus software and would erase traces of the malware's presence on the networks.

Each defendant faces a maximum of 35 years in prison and more than $1 million in fines or twice the gain from the crimes, whichever is greater.  According to the press release, Gonzalez is currently in jail in Brooklyn, New York and awaiting trial in New York and Massachusetts related to prior instances of data theft. 

While it is certainly good to know that the Department of Justice continues to take an active role in large-scale incidents, the description of the scheme in the indictment should give retailers and other institutions pause and perhaps a reason to review information security measures.  While the perpetrators in this case are obviously skilled programmers, it appears that they obtained some of the information essential to executing their scheme simply by observing check out registers and visiting corporate websites.  [Editor's note: the FTC has considered SQL injection attacks to be "commonly known or reasonably foreseeable" since at least 2000, see FTC's enforcement action against Guess? and comments by the FTC's chief privacy officer. If your company has not hardened its website to these attacks, it may be assuming an undue risk.]  Moreover, it appears from the indictment that three of the four individuals are still at large, and of course there are likely numerous individuals out there with both the means and the motive to perpetrate similar schemes.  Because the indictment is fairly general in the details of the mechanics of the hacks, it will be interesting to see what details come out in the prosecution of the case and what lessons, if any, companies can learn from those details.

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How far do anti-hacking statutes extend?

An appellate court in Ohio was recently called upon to analyze that state’s cybercrime statute, OCR Ann. §2913.04, which criminalizes unauthorized access to protected computers.  In Ohio v. Wolf the court held that a city employee who was using a city computer during work hours to view pornography, visit adult “dating” websites, and solicit sexual activity, had exceeded his authorized access to the computer and was guilty of the felony of “unauthorized use of property; computer, cable, or telecommunication property or service” (or “hacking”). The court concluded that the employee has exceeded his authorized access despite the fact that there was no city computer use policy or software that placed limits on employees' use of city computers.

This ruling, which appears to expand the scope of anti-hacking statutes, has been criticized in the media. For a detailed analysis of the case, see the Wired article “Court Upholds Hacking Conviction of Man for Uploading Porn Pics from Work Computer”

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Senate Drafting Cybersecurity Law - Seeks To Appoint National "Cybersecurity Czar"

Senators Jay Rockefeller (D-W.Va.), Chairman of the Senate Commerce, Science and Transportation Committee, Olympia Snowe (R-Maine) and Bill Nelson (D-Fla.) are drafting cybersecurity legislation that would establish a permanent national security czar reporting directly to the White House, according to a recent announcement from Senator Nelson and other reports.  The proposed legislation would also

  • require intelligence and Homeland Security officials to perform vulnerability assessments;
  • create a clearinghouse for information sharing between the government and private sector; and
  • fund scholarships for those interested in cybersecurity.

The proposed legislation follows on the heels of three incidents where computers in Senator Nelson's office were hacked .  The current draft legislation contains provisions similar to those recommended by the Commission on Cybersecurity for the 44th Presidency, which released a report in December 2008.

Links:

  • The post on Senator Nelson's website can be found here.
  • The March 23, 2009 CNET News article, "A bill to shift cybersecurity to the White House" can be found here.
  • The December 2008 report from the Commission on Cybersecurity for the 44th Presidency is available here.

A bad week for the government - data breaches at federal organizations on the rise

 It has been a bad week for the federal government's own information security track record.

The first story comes from the FAA where hackers broke into the agency’s computer systems and stole personal information on some 45,000 individuals. The second story comes from Los Alamos National Laboratory, which confirmed the theft of 67 computers, 13 in the past year alone. In both instances the American people appear to have dogged a bullet. The electronic intrusion into the FAA appears to have been limited to a raid of personal information and did not interfere with air traffic control systems.  Also, the physical thefts at Los Alamos apparently did not result in the disclosure of any classified data (e.g., information on the U.S. nuclear stockpile), though what information was taken is still unknown. In both cases governmental entities that we hope would be heavily secured against  both electronic and physical thefts appear to have suffered embarassing breaches.  The moral (one hopes) is that while there may be no such thing as perfect security, all of us - including our friends in the government - may need to be working a bit harder and should have a plan in place ahead of time for managing any incidents that eventually arise.

Links:

Federal Aviation Administration website

Los Alamos National Laboratory website

Trends in Data Breach Incidents, Part 1: Identity Theft Resource Center (ITRC) Reports Breaches Up 47% in 2008, Hackers Only Responsible for 13.9% of All Incidents

On January 2, 2009, the Identity Theft Resource Center (ITRC) released its report(.pdf) on data breaches in the United States in 2008 (you can read the Washington Post’s primer on the ITRC’s findings here). The raw numbers are headline grabbing — 656 data breaches in 2008, a 47% increase from 2007. The sharp increase in numbers from 2007 to 2008 could be a result of an increase in data breach incidents, and most of the reporting on the ITRC’s report take this view, but it could also be due to increased media interest, new mandatory reporting laws, and a greater public interest in the issue. As in 2007, the ITRC relied on public reporting of breaches to compile its list, so the ITRC’s findings should be expected in increase as public reporting of data breach incidents increase.

The ITRC also reports that over 35.5 million personal and/or financial records are known to have been exposed in 2008. This number includes only those breaches where a public report indicated how many records were actually exposed, 402 of the 656 reported breaches including the 16 breaches where no records were actually exposed as they were encrypted or in some other way protected, and does not include any of the 254 breaches where an unknown number of records were exposed. So the actual number of exposed records is likely much higher, possibly in the range of 58 million records exposed (assuming that the breaches where the numbers are known are representative, and that the underlying math was done correctly).

Beyond the raw numbers, the trends in data breaches revealed by the ITRC report are also interesting. When we hear about personal information being stolen, security breaches, and identity theft, often our first impulse is to blame hackers and Internet criminals, strangers to an organization that seek to take advantage of flaws in firewalls, networks and computer systems to obtain valuable information. This assumption may be the result of the number of high profile breaches that have been traced to hackers, including:

Of course, while hackers remain a threat, the ITRC Report suggests that businesses may face greater threats elsewhere. 

The ITRC Reports statethat in 2008 only 91 breaches were the result of hacking, 13.9% of all known breach incidents, while 86.1% of incidents were due to accidental exposure, “data on the move,” insider theft, and subcontractor error as well as nearly 25% of all breaches that the ITRC has not categorized. 

13.9% is not an insignificant number, and the fact that hacking accounted for a greater percentage of the 35.5 million records exposed, 19%, shows how important working to prevent this sort of breach can be. However, to focus on hacking exclusively, when worrying about data breaches, is to ignore the remaining 86.1% of security breaches. This series of posts will look at the trends in reported data breaches and discuss key incidents in each category and useful prevention strategies.

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