Data Privacy Detective

Data Privacy Detective

By Joe Dehner - Global Data Privacy LawyerNewsTechnologyTech News
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Data Privacy Detective episodes

  • Episode 69 - Ransomware, Negotiating With Digital Kidnappers
    Ransomware. It’s in the headlines. It’s digital organized crime across borders.
    When an organization’s IT system freezes with its data locked by a ransomware gang, what happens? Ransom is demanded, and ransom often gets paid. But how does this work?
    In this podcast episode, Bill Repasky, attorney with Frost Brown Todd LLC, shares key insights on the process of negotiating with ransomware criminals. They want payment in cryptocurrency. Victims want their data and systems restored. This becomes a business transaction. But not a typical one.
    Ransomware strikes in 2021 involve highly sophisticated criminal syndicates. To them it’s about the money. When they strike a target and freeze the organization’s ability to operate an IT system, they reveal their digital identity and dictate how to send a ransom payment. The target may be willing to pay – but should do so only after negotiations to ensure that the payment will accomplish two essential objectives – (1) providing a decryption key to unlock the encrypted data and restore the IT system’s operation; and (2) ensuring that the data has not been taken (exfiltrated) by the criminals, or if it has, to have it returned with no copies kept by the criminals. The victim organization should check before making payment to be certain it does not violate U.S. sanctions laws by paying a group or person listed on the OFAC list. See Specially Designated Nationals And Blocked Persons List (SDN) Human Readable Lists | U.S. Department of the Treasury.
    Successful conclusion of a ransomware attack requires expertise, patience, and insight. Learn how it’s done, pitfalls to avoid, lessons from past victims.
    If you have ideas for more interviews or stories, please email [email protected].
    17 min
  • Episode 68 - Catching Cyber-Criminals With Digital Forensics
    Ransomware attacks, data breaches, digital theft – on the rise. Who are the cyber-criminals? Can they be traced? And what can a company do to minimize risk and respond to an incident?
    Joining us for a tour of the dark side of the digital age is Bill Corbitt, Vice President of Digital Forensics and Incident Response at Intersec Worldwide. www.intersecworldwide.com, a US-based team of former federal cybersecurity experts who have worked on some of the world’s largest security breaches. The firm was named a 2021 top Digital Forensics & Incident Response firm by Enterprise Security Magazine. Bill’s team has addressed serious incidents for many Fortune 100 companies. In this podcast episode he shares insights into dealing with ransomware attacks, data theft, and the aftermath.
    Ransomware attacks are conducted by sophisticated criminal enterprises, usually operating from data havens where government seldom prosecutes them for attacks abroad. They probe for vulnerabilities and find attack vectors into a company’s IT system, freeze digital operations, then post a ransom demand before releasing their grip that can paralyze the victim’s business.
    Modern digital forensic techniques can generally identify the attackers. The quicker an attacked business engages a forensic expert, the more likely it is that the perpetrator can be identified. Ransomware attackers increasingly have two waves of ransom demand – the first to unlock the system, the second to promise not to release exfiltrated data to the world. Every ransomware attack should be viewed as a data breach, though it is possible for a forensics expert to determine if data has been taken rather than only temporarily encrypted.
    Cybercrime, like all crime, will not disappear. If there is money to be made, criminals will seek it. Minimizing risk is essential. Businesses should constantly upgrade their entire IT systems, eliminating weak points and discarding outdated elements. Those with access to company computers and systems need training and discipline to view company property and data with care.
    If you have ideas for more interviews or stories, please email [email protected].
    20 min
  • Episode 67 - Data Flows After Brexit... For Now
    Europe finds UK data privacy system adequate, for now. On June 28, 2021, the Europe Union granted two adequacy decisions to the United Kingdom for personal privacy purposes.
    1. Decision on the adequate protection of personal data by the United Kingdom - General Data Protection Regulation
    2. Decision on the adequate protection of personal data by the United Kingdom - Law Enforcement Directive
    This assures, for now, that data flows between the EU and UK can continue without restrictions. But for the first time, the EU’s decisions were not permanent and will last only four years. What’s going on?
    Because of Brexit, the UK and the EU reached a transition agreement at the end of 2020. This included six months for the UK and EU to reach an agreement about data privacy flows. The deadline approached, and the EU decision was made just in time (the UK had already issued its own adequacy decision regarding data going to the EU). Had it not been made, one estimate was that UK businesses would face immediate compliance costs of about 1.6 billion pounds, aside from other costs. So, UK businesses can rest easy – for a time. According to Kim Walker, a leading UK privacy attorney at the firm of Shakespeare Martineau (Kim Walker | Shakespeare Martineau (shma.co.uk), 11% of global data flows through the UK, and 70% of UK data flows through the EU.
    Why the last-minute timing and why the unusual temporary grant of an adequacy decision? The answer lies in the same surveillance issues that restrict data flows between the EU and the United States. Without a comprehensive and protective federal personal data privacy law, the United States is unlikely to receive an adequacy decision from the EU indefinitely. The EU is particularly skeptical of mass surveillance by U.S. authorities. The British mass surveillance system is not that different from the American approach to how and when public authorities can access private personal information. The EU is concerned that by granting adequacy to the UK, this could create a back door for the UK to grant unrestricted data flow to the United States, thus undermining Europe’s basic GDPR approach to restricting data flows that may disrupt the protections of personal privacy at the heart of GDPR.
    If you have ideas for more interviews or stories, please email [email protected].
    11 min
  • Episode 66 - Phone Scams and You
    This is a true story of a phone scam of May 2021. The Data Privacy Detective got a call on the home landline.
    This scam will succeed in stealing money from countless Americans. It’s targeted particularly at older people who dearly love their television, especially during pandemic times.
    You can see the tricks and traps in this scam. Of course, the best defense is not to answer such calls at all, but then how can one know that a local number is not an old friend or acquaintance calling for a good reason.
    If you get a call like this, write down the details. Share them with the fraud hotline of the company being impersonated. Notify the FBI and the Federal Trade Commission if you have the time. This builds a file on these entities. Though it’s unlikely that law enforcement will be able to shut down the criminal syndicates and others active in this fund-raising activity, it will build the awareness that our privacy is attacked through such intrusions. Without greater regulation and defense against such increasing scams, there’s a risk that our communications systems become so riddled with such problems, that we’ll all retreat into a hole to avoid them.
    One definition of privacy is the right to be left alone. Anyone with a phone will find that hard to achieve. You can, however, work with your phone service provider to block calls in various ways. Check with your provider what restrictions you can put into place to limit calls from James Michael and Ralph Smith.
    Remember – protecting your personal privacy begins with you.
    If you have ideas for more interviews or stories, please email [email protected].
    14 min
  • Episode 65 - Ransomware Basics
    This podcast episode explores ransomware from preventive, legal, and communications angles. While there’s no 100% effective vaccination against a ransomware attack, there are steps enterprises and each of us can take to beware, prepare, and take care.
    Ransomware. It’s the modern equivalent of kidnapping – except people aren’t grabbed and held hostage. Instead, an enterprise has its computer and information system locked by a criminal. Data gets encrypted and unusable until and unless the organization pays a ransom to the thief, who is known only by a digital address and often demands untraceable payment in cryptocurrency.
    Ransomware is a type of malware – software installed in a system by an outside party for bad purposes. Unlike malware focused on stealing data, ransomware aims to extract a ransom payment in exchange for decrypting and restoring the victim’s data.
    From a criminal’s perspective, ransomware is a simpler, less expensive way to get money than malware that aims to export (or exfiltrate) and resell data. It can be an “in and out” operation, not requiring search, download, categorization, and reselling of purloined data. Despite this, because data has great value, Blackfog estimates that 70% of ransomware attacks include data exfiltration, so that the attacks not only temporarily freeze data usage but result in a release of personal and business data to third parties as secondary damage.
    Ransomware theft is rising. Security sector experts report a 7-times increase in ransomware attacks between 2019 and 2020, with the average ransom demand increasing more than 3 times the prior year’s figure. Blackfog predicts cybersecurity theft will approach $6 trillion for 2021. CrowdStrike’s comprehensive summary of 2020 and early 2021 reports a four-fold increase in interactive intrusions in the past two years, with 149 criminal syndicate followed as tracked actors on its list of named adversaries. Ransomware is organized crime on a massive and global scale.
    For units of government, businesses, and non-profits (like universities and hospitals), ransomware can strike like a rogue wave at sea. But it’s often an attack more like a time bomb, lying in wait until the criminal gang is ready to demand its ransom at a time of its choosing. And when this happens, it can immobilize the organization’s ability to operate. Immediate action is required. How do we get our data back? Do we pay the ransom? If we do, will we get the data back? Even then, how do we know it’s safe? How can we prevent this from happening again? If it does, how do we deal with the immediate issues, recoup the data, and ensure it’s clean and usable?
    If you have ideas for more interviews or stories, please email [email protected].
    20 min
  • Episode 64 - The Two Faces of Browsers and Our Privacy Options
    Janus was the Roman god of doors, gates, and transitions. He needed two faces to look in both directions - life and death, past and future. Internet browsers allow us to access and gaze across the internet, but at the same time, they are watching us, recording what we do while browsing.
    True, browsers do not charge us for their services – browsing is free. But as it is said, when a product is free, we become the product – or more specifically, our data becomes the product.
    In this podcast episode Jeff Bermant, the founder and CEO of the browser Cocoon, joins us to explore how browsers and privacy intersect. Cocoon was founded for the purpose of providing a more privacy-secure experience than any other browser by creating a cocoon around the browsing individual.
    We discuss how users have data privacy choices – which browsers to consider, how to adjust privacy settings, and what add-ons are available for browsing. When it comes to data privacy, protecting your personal data begins with you.
    If you have ideas for more interviews or stories, please email [email protected].
    26 min
  • Episode 63 - Your Face, Time To Scrub?
    Facial recognition. It’s a hot topic. Targeting, misidentification, and doxing - the dangers are real. So are the benefits – finding criminals and solving crimes, searching for relatives and old friends, researching history, conducting social research, sharing with friends over a lifetime.
    Kashmir Hill’s penetrating cover article in the March 21, 2021 New York Times Magazine, “Your Face is Not Your Own,” details how our photos are scraped and used by companies far beyond what we imagine. Our images are available from public sources such as driver’s licenses. Many arise from our choice– through Facebook and Instagram postings, directories, newspaper and other media sources.
    As the TV series Cheers’ theme song sang, “Sometimes you want to go where everybody knows your name.” But now it’s not just the neighborhood pub. It’s the internet, where everybody knows your name, and everybody can find your face.
    What to do? That’s where scrubbing comes in.
    Scrubbing is the effort to erase, stop, or minimize the spread of a digital posting. Scrubbing is a challenge. It can be expensive. Certain scrubbing services charge annual fees of $100 a year or more per person.
    In this episode we discuss what options are available to you, what governments are experimenting with to find a balanced solution, and if there is any hope to truly erase your face from digital history.
    If you have ideas for more interviews or stories, please email [email protected].
    10 min
  • Episode 62 - TIKTOK and Privacy: Challenges from Europe and America
    On February 16, 2021 TikTok was sued in Europe for abusing consumer rights. Millions of Europeans use TikTok to post, share and watch videos 3 to 60 seconds long, ranging from dogs in pink tutus to Shaq dancing.
    The European Consumer Organization BEUC is an authorized entity in the EU to file complaints against businesses. Its press release, BEUC files complaint against TikTok for multiple EU consumer law breaches | www.beuc.eu, claims that TikTok engages in a “massive scale” of consumer abuse, including unfair and deceptive practices, terms of use that hurt consumers, failure to protect minors from harmful content and embedded advertising, and misleading use of personal data.
    By contrast, the U.S. President on August 14, 2020 issued an executive order to kick TikTok out of operation in the States unless it sold its American operations to a U.S. buyer. The Executive Order was based on TikTok’s Chinese ownership, which the prior U.S. Administration claimed was a threat to U.S. national security because the owner ByteDance was accessing personal data of U.S. persons that could be provided to PRC authorities. EO-on-TikTok-8-14-20.pdf (treasury.gov) TikTok successfully sued in several courts to block immediate enforcement of the Executive Order, a matter on appeal in the federal courts. On February 10, 2021, the Wall Street Journal reported that the Biden Administration decided that it would review the matter but was unlikely to pursue a forced sale to American companies. TikTok Sale to Oracle, Walmart Is Shelved as Biden Reviews Security - WSJ.
    What’s the future of TikTok as a Chinese-owned business that allows people to post, share and watch videos globally? And what does it mean for the world where business and human connections flow across borders? The Data Privacy Detective explores these puzzles in this podcast.
    If you have ideas for more interviews or stories, please email [email protected].
    15 min
  • Episode 61 - How Not To Get Phished!
    Data theft set new records in 2020. The major causes are not failures of equipment, software, or services. In an estimated 85% of cybercrime, the cause is us. We make careless mistakes as though we were inviting villains into our homes. We let thieves into our IT systems by accident. We get phished.
    You get a message on your computer. It may seem to be from a friend, a trusted source, a reliable company, even your boss. It might seek an urgent response about something. How do you avoid dealing with the emailed message without letting a villain into your computer, and so into your personal or business’ IT systems? How do you prevent making a mistake that gives a cybercriminal the chance to freeze and hold your personal or your company’s IT system for ransom or to hack personal and proprietary information?
    Here are seven top tips to avoid being the reason you or your business is the victim of data theft. Check emailed messages for seven red flags before acting:
    1. Bad spelling
    2. Bad grammar
    3. Nonsense in the subject line
    4. Incorrect domain name in images and links (hover over a link without clicking to reveal this)
    5. Pressure tactics to scare you into acting fast
    6. Unexpected message
    7. Unexpected attachments or links in the message
    9 min

About Data Privacy Detective

From the publisher's feed

The internet in its blooming evolution makes personal data big business – for government, the private sector and denizens of the dark alike. The Data Privacy Detective explores how governments balance the interests of personal privacy with competing needs for public security, public health and other communal goods. It scans the globe for champions, villains, protectors and invaders of personal privacy and for the tools and technology used by individuals, business and government in the great competition between personal privacy and societal good order.