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Breached! |
Breached! |
Why Data Security Law Fails and How to Improve It |
DANIEL J. SOLOVE & WOODROW HARTZOG |
Oxford University Press is a department of the University of Oxford. It furthers the University’s |
objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a |
registered trade mark of Oxford University Press in the UK and certain other countries. |
Published in the United States of America by Oxford University Press 198 Madison Avenue, New |
York, NY 10016, United States of America. |
© Daniel J. Solove and Woodrow Hartzog 2022 |
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or |
transmitted, in any form or by any means, without the prior permission in writing of Oxford |
University Press, or as expressly permitted by law, by license, or under terms agreed with the |
appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of |
the above should be sent to the Rights Department, Oxford University Press, at the address above. |
You must not circulate this work in any other form and you must impose this same condition on any |
acquirer. |
CIP data is on file at the Library of Congress ISBN 978–0–19–094055–3 |
eISBN 978–0–19–094057–7 |
To Pamela and Griffin—DJS |
To Mom and Dad—WH |
TABLE OF CONTENTS |
1. |
Introduction: Chronicle of a Breach Foretold |
PART I: A BROADER UNDERSTANDING OF DATA SECURITY |
2. |
The Data Breach Epidemic |
3. |
The Failure of Data Security Law |
PART II: HOLISTIC DATA SECURITY LAW |
4. |
The Big Picture: System and Structure |
5. |
Responsibility Across the Whole Data Ecosystem |
6. |
Reducing Harm from Data Breaches |
7. |
Unifying Privacy and Data Security |
8. |
Designing Security for Humans, the Weakest Link |
9. |
Conclusion: The Holistic Approach |
ACKNOWLEDGMENTS |
NOTES |
INDEX |
1 |
Introduction |
Chronicle of a Breach Foretold |
Sometimes the thing we are looking for is right in front of us and yet we |
still don’t see it. A great novella by Gabriel Garcia Marquez called |
Chronicle of a Death Foretold begins with the vicious fatal stabbing of the |
main character. The rest of the story reveals that all the warning signs about |
the murder were in plain sight yet ignored by everyone. The murder was |
readily preventable—but, because of human nature, it was almost |
inevitable. |
The story of most data breaches follows the same pattern. We have read |
about thousands of data breaches, and the moral of most of these stories |
boils down to the same thing: The breaches were preventable, but people |
made blunders. What is quite remarkable about these stories is that they |
haven’t evolved that much in decades. The same mistakes keep happening |
again and again. After so many years, and so many laws to regulate data |
security, why haven’t the stories changed? |
Let us begin with a classic data breach tale involving one of the largest |
and most notable breaches of its time—the Target breach of 2013. The story |
has many of the common themes of data breach stories, and what makes it |
particularly fascinating is that it is a sinister version of a David-and-Goliath |
story. Target was Goliath, and it was well-fortified. With its extensive |
resources and defenses, Target was far more protected than most |
organizations. Yet, it still failed. This fact should send shivers down our |
spines. |
In mid-December 2013, right in the middle of the holiday shopping |
season, executives at Target found out some dreaded news: Target had been |
hacked. It was cruel irony that the second-largest discount store chain in the |
United States quite literally had a target sign on it—Target’s logo is a red |
and white bullseye. The hackers hit it with an arrow straight into the center. |
Executives at Target learned about the breach from Department of |
Justice officials, who informed them that stolen data from Target was |
appearing online and that reports of fraudulent credit card charges were |
starting to pop up.1 Quite concerned, the Target executives immediately |
hired a forensics firm to investigate. |
What they discovered was devastating. Target’s computer system had |
been infected with malware, and there had been a data breach. It wasn’t just |
a small breach, or a sizeable one, or even a big one—it was a breach of epic |
proportions.2 Target had the dubious distinction of having suffered the |
largest retail data breach in U.S. history.3 |
Over the course of two weeks starting in November 2013, hackers had |
stolen detailed information for about 40 million credit and debit card |
accounts, as well as personal information on about 70 million Target |
customers.4 The hackers had begun to sell their tremendous data haul on |
black-market fraud websites. |
The timing couldn’t have been worse for Target. It suffered the single |
largest decline of holiday transactions since it first began reporting the |
statistic.5 Target sales plummeted during a season which traditionally |
accounts for 20 to 40 percent of a retailer’s annual sales.6 To stop the |
bleeding, Target offered a 10 percent discount across the board. |
Nevertheless, the damage was catastrophic. The company’s profits for the |
holiday shopping period fell a whopping 46 percent.7 |
The pain was just beginning. On top of the lost profits, costs associated |
with the breach topped $200 million by mid-February 2014. These costs |
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Breached! - D. Solove Information privacy law - D. Solove Privacy _ what everyone needs to know-Oxford University Press (2017) - Leslie P. Francis, John G. Francis PrivacyEngineersManifesto Protection and privacy in transitional times William Stallings - Information Privacy Engineering and Privacy by Design_ Understanding privacy threats, technologies, and regulations (6 Dec 2019, Addison-Wesley Professional)
papers / talks:
Ive got nothing to hide - D. Solove Understanding privacy - D. Solove Right to privacy - Warren / Brandeis A critical analysis of privacy by design strategies - Colesky Stanford Philosophy Review - Privacy
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