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Subcommittee
on Commerce, Trade, and Consumer Protection
November 19, 2003
10:00 AM
2123 Rayburn House Office Building
Mr. Joseph G. Ansanelli
Chairman and CEO
Vontu, Inc.
201 Spear Street, Suite 200
San Francisco, CA, 94105
My name is Joseph Ansanelli and I am the CEO of Vontu, Inc. Our
company provides information security software to help organizations
protect consumer data by monitoring for the inappropriate distribution
of non-public personal information via the internet. I am honored
to provide testimony on information security, consumer data and
the risks for consumers. Identity Theft is the Risk for Consumers
The FTC recently provided an excellent answer to the question "What's
at Risk for the Consumer?" They estimate that approximately
10 million people in the last year alone were victims of Identity
Theft. These victims reported $5 billion in out-of-pocket expenses
and countless hours of lost time repairing their credit histories.
In the last five years, almost 30 million people or 10 percent
of the US population were victims of identity theft. Clearly, identity
theft is what is at risk for consumers. Losing Consumer Trust is
the Risk for Business This is not only a risk for consumers, but
is a risk for business as well. As part of the same FTC report,
the losses to
businesses totaled nearly $48 billion.
Additionally, there is a risk that is not mitigated through insurance
or other strategies - loss of consumer trust. Vontu recently commissioned
a survey of 1000 consumers in the United States to better understand
the effect that security of customer data has on consumer trust
and commerce. Some of the
findings include: · Security drives purchasing decisions - More than 75 percent
of consumers said security and privacy were important in their decisions from
whom they purchase. · Consumers will speak with their wallets - Fifty percent
said that they would move their business to another company if they did not have
confidence in a company's ability to protect their personal data. · Insider theft
increases concerns about a company's data security efforts - More than 50 percent
of the consumers surveyed said an insider breach would cause them to be more
concerned about how a company secures their information
Clearly, financial costs and loss of consumer trust, as a result
of identity theft, are what is at risk for business. The question
is how does cybersecurity play into these risks? The Insider -
A Major Cause of Identity Theft While most security testimony has
focused on the threats related to hackers breaking into computer
networks from the outside, my remarks today will focus a new and
growing security threat - insiders. The sad fact is that many identity
thieves never have to break through a firewall. Their employer
has issued them a username and password that gives them access
to a virtual treasure trove of
consumer data.
Everyday, companies throughout this country create and store millions
of records that contain social security numbers, credit card numbers
and other types of non-public personal information. At most of
those companies, a significant percentage of employees have legitimate
access to this data. This has created a potentially explosive combination
of companies storing more consumer information and at the same
time providing insiders with more access to
that data.
Last year, the volatility of this combination made headlines.
A customer service employee of Teledata Communications Inc. who
had easy access to consumer credit reports allegedly stole 30,000
customer records. This theft caused millions of dollars in financial
losses and demonstrates that even though any computer system can
be hacked, it is much easier, and in many cases far more damaging,
for information to be stolen from the inside.
Teledata is the single largest identity theft crime ever prosecuted.
However, I am convinced that this kind of crime continues today,
yet it often goes unrecognized. Insiders use their legitimate access
to copy sensitive information and with a few clicks of their mouse,
send it outside the company.
Law enforcement and regulators are also starting to raise the
issue of the growing danger to consumers from insiders. Special
Agent Tim Cadigan testified this summer that the Secret Service
has assembled special teams to investigate the growing number of
incidents where fraud rings enlist corporate employees in schemes
to steal consumer information.
Mr. Howard Beales, Director of the Federal Trade Commission's
Bureau of Consumer Protection, said in January that the FTC continues
to see evidence that insiders were stealing consumer data at an
increasing rate and using it to commit identity crimes. In September,
the FTC reported that about a quarter of all consumers who knew
that their information had been stolen believed that insiders were
responsible.
Lastly, consumer credit information provider TransUnion recently
issued a publicly available report stating that the top cause of
identity fraud is now theft of records from employers or other
businesses.
The problem of better protecting consumer data is no longer just
an issue of keeping out the hacker but also one of ensuring that
those with access to the data keep the information secure. Consumer
Data Security Standard It is clear that we need new efforts to
minimize this growing risk to consumers and businesses. However,
I do not believe new government regulations alone can solve this
problem. Instead, the right solution is to build a partnership
of
government and industry using both "the carrot and the stick".
To begin with, I suggest this committee develop a Consumer Data
Security standard - possibly as part of the proposed Consumer Privacy
Protection Act of 2003 (HR 1636). This standard would ensure a
national, unified and standard approach to protecting consumer
information and thereby stop one of the primary sources of identity
theft. It should be self-regulating with oversight from appropriate
agencies when problems arise and include a requirement for companies
to: 1. Protect and ensure the confidentiality of all non-public
personal information; 2. Detect potential misuse of consumer information;
3. Ensure compliance by its workforce with their data security
policies; 4. Correct
problems as they are discovered.
These requirements are similar to those required under Gramm Leach
Bliley and HIPAA. Are the industries covered by these regulations
unique in their need to protect personal data? It seems that any
business that manages sensitive financial or other non-public personal
information exposes consumers to identity theft. Whether it is
providing your social security number when purchasing a mobile
phone or using your credit card to buy groceries, you are exposing
your personal information to theft - a cross-industry, unified
approach is needed.
Additionally, this committee may want to make notification a part
of this standard. In our survey, consumers said they wanted to
be notified early and often when security and privacy violations
occur. In fact, 80 percent said they want to be notified when companies
are 75 percent sure that a violation has
occurred.
This Consumer Data Security standard is the "stick" to
ensure that there is a base level of responsibility for consumer
data protection. Safe Harbor As mentioned earlier, a partnership
between government and business is required to better protect consumer
information. Unfortunately, today many of the current and proposed
Federal and State regulations serve as a disincentive to proactively
search for insider breaches or inappropriate disclosures of consumer
information. For example, the risk of civil lawsuits or regulatory
censure discourages some companies from going beyond what is considered
a base
requirement. Future legislation should include a regulatory "carrot" through
a "safe harbor" to encourage companies to go beyond basic security
requirements and aggressively pursue potential leaks of data without fear of
severe penalties.
This approach of the "carrot and stick" would not only
encourage most companies to adopt new consumer protections quickly,
it would free limited government resources to concentrate on the
most egregious violations of the standard itself. Additionally,
this proposal would help to solve one of the unaddressed issues
regarding Identity Theft in both of the current Fair Credit Reporting
Act bills approved this year by the House and the Senate.
In closing, the increasing costs of identity theft coupled with
consumers' increased demands for security protection are driving
these issues to the top of the agenda for consumers, business and
government. If more is not done by all parties involved with respect
to protecting electronic information, the costs will continue to
grow, potentially affecting the country's ability to expand its
leading position in the world economy.
I hope these comments will prove helpful to the subcommittee as
it continues its deliberations on improving consumer data security.
I welcome the opportunity to continue working with you, and am
happy to answer any questions you might
have.
Thank you.
2003 Customer Information Trust Survey
Those organizations that sit on the highest perch when it comes
to customer trust have the farthest to fall if they lose that trust
according to the 2003 Customer Information Trust Survey commissioned
by security technology innovator
Vontu, Inc.
Consumers have the greatest amount of trust that companies within
the health care industry have measures in place to protect personal
information from identity thieves. Web retailers and retailers
scored near the bottom in consumer trust in a ranking of 14 major
industries. However, even the companies that scored well with consumers
can face serious financial consequences if security breaches within
their organization lead to a loss of consumer trust. Some of the
major findings of the survey are:
- Security is important in the purchasing decision. More than
75 percent of the consumers said security and privacy was important
in their decisions from whom they purchase.
- Not all security breaches are equal in the eye of the customer.
More than 54 percent said security breaches by insiders or employees,
now one of the fastest growing contributors to identity theft,
would have the greatest impact on their trust in an organization.
- Consumers choose with their wallets. Fifty percent said that
they would move their business to another company if they did
not have confidence in a company's ability to protect their personal
data.
Vontu Information Trust Rankings*
Hospital or Clinic 82%
Pharmacy 79%
Bank 78%
Charity/Religious Org. 78%
Airlines 60%
Car Rental Company 53%
Utility 48%
Credit Card Company 47%
Cable Company 42%
Restaurants 42%
Hotels 41%
Web Retailers 41%
Retail Stores 38%
Grocery Store 25%
* The Vontu Information Trust Rankings rate 14 major industries
based on the level of trust consumers surveyed said they had that
these organizations would protect personal information from identity
theft.
Two examples of the questions from the survey are:
- How important is privacy and security to your purchasing decision?
Very important 19%
Important 57%
Not important 9%
Unsure/No Comment 14%
- If an insider (such as an employee of the company) stole your
data rather than an outsider (such as a computer hacker), would
it change your answers to previous question about trust?
Yes - More concerned about insider 54%
Yes - Less concerned about insider 12%
No - No difference 17%
Unsure/No comment 18%
©2003 Vontu Inc. |