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are built upon the FIPPs specified by the OECD.32 Many of these privacy |
laws include protections for data security. |
Starting in the early 2000s, a separate and more distinctive body of law |
around data security developed, especially in the United States. Breach |
notification laws and safeguards laws started popping up everywhere, and |
these laws focused more exclusively on data security. |
Although data security is often lumped in as part of privacy and data |
protection regimes, it is now treated as a distinct area centered around |
safeguards and notification. If organizations provide notification of |
breaches and properly implement safeguards, in the eyes of the law, they |
will be seen to have fulfilled their data security obligations. The law often |
has stronger penalties for data security violations than for privacy |
violations, so when data breaches are caused by privacy problems, such as |
in the Cambridge Analytica case (discussed below), companies want to |
frame them in terms of privacy rather than security and avoid giving them |
the dreaded moniker of “data breach.” |
The classic formulation of data security is to protect the confidentiality, |
integrity, and availability of data—a triad often referred to with the acronym |
CIA. It is important to note that the first element of this triad— |
confidentiality—is a key dimension of privacy. Data integrity also involves |
privacy, as many privacy laws protect a principle called “data quality,” |
which involves the accuracy and completeness of data. |
Privacy and data security have much in common. Over time they have |
become estranged relatives, but they should go hand-in-hand. Recent data |
security breaches indicate that it is time for them to be united again. |
THE FRONT DOOR AND THE BACK DOOR |
Everyone is so obsessed with preventing a breach through the back door |
that they neglect to pay enough attention to the front door. The “back door” |
is a metaphor to describe the illicit break-ins by hackers or other intruders. |
We clearly know that they don’t belong in the computer network. The “front |
door” describes the many people who are invited into the network or who |
already have access to the network. |
Security focuses mostly on the back door, on keeping the bad guys from |
intruding. Privacy focuses mostly on the front door. The people coming into |
the front door often don’t appear to be bad guys, but they are also a security |
risk. Like a nosy visitor to one’s home, front-door people might start |
snooping into things that they are not authorized to see. |
Hackers know that sometimes the easiest way to break in is through the |
front door, so they pose as regular customers. Recall the ChoicePoint breach |
that we discussed earlier. In that breach, the hackers posed as a legitimate |
ChoicePoint customer. They didn’t need to break in—ChoicePoint opened |
the door and let them in. No security alarm bells went off because the |
hackers weren’t intruding; they were customers. The problem was one that |
is typically in the domain of privacy—decisions about who has access to |
data and how it is shared. ChoicePoint was too loose about who could be its |
customer; it too freely shared personal data without making sure it was |
doing so carefully. |
At the end of the day, front-door breaches and back-door breaches are |
both breaches, but front-door breaches are often harder to guard against. |
Many front-door people differ from hackers because they don’t think they |
are doing anything wrong, or they think what they are doing is only a minor |
transgression. |
To address back-door and front-door breaches, security and privacy must |
work together. Guarding the back door is all for naught if the front door is |
left wide open. |
Figure 7.1 |
The Moneyball “Hack” |
Jeff Luhnow, Sig Mejdal, and Chris Correa were executives with the St. |
Louis Cardinals major league baseball team. Luhnow and Mejdal built a |
database called Redbird, which contained information and statistics about |
players. The database adopted the Moneyball approach to baseball, which is |
chronicled in the bestselling book of the same name by Michael Lewis. This |
approach involves analyzing enormous troves of data to make baseball |
decisions, as opposed to the good old-fashioned technique of going with |
one’s gut. Essentially, Moneyball is baseball’s version of Big Data. |
Correa and Mejdal were rivals who worked under Luhnow. Later, |
Luhnow left the Cardinals to become the general manager for the Houston |
Astros, a team that was one of the main rivals to the Cardinals in the same |
NL Central division.33 Luhnow hired Mejdal to join him in Houston and |
named him to be head of the analytics department. There, Luhnow and |
Mejdal launched a similar Moneyball-style program called Ground Control. |
Back in St. Louis, Correa had become head of analytics. He sought to |
access the scouting data Luhnow and Mejdal were gathering in Ground |
Control for the Astros. Correa knew Mejdal’s password to Redbird because |
Mejdal was required to turn over his laptop and password when he left the |
Cardinals, and Correa figured that perhaps Mejdal, like so many other |
people, might reuse the same password for his other accounts, including his |
account for Ground Control.34 |
In March 2013, Correa tried the old password, and it worked. Over the |
next two-and-a-half years, Correa accessed Ground Control numerous |
times. He viewed scouting reports, player health information, and other |
data.35 |
In January 2014, Correa lost access to Ground Control when there was a |
system-wide password reset. But a few months later, the Astros reset all |
Ground Control user passwords to a default password. Correa found the |
default password in Mejdal’s email, and he was back in. |
In June 2014, the Astros were last in their division, but Sports Illustrated |
ran a feature story called “Astro-Matic Baseball” filled with praise for |
Mejdal and Luhnow about their Moneyball approach. The cover of the issue |
had an Astros player swinging his bat with the title: “Your 2017 World |
Series Champs.” Mejdal was also featured in another article in the issue. |
Perhaps sparked by the fact that his rival Mejdal was being praised even |
though his team was currently dead last in the division, Correa again |
attempted to log back into Ground Control. Correa then allegedly leaked |
confidential notes about Astros’ trade discussions.36 The leaks created |
tensions between several baseball teams and their players, and the Astros |
ended up apologizing individually to other teams. |
It was these leaks that would be Correa’s undoing. The FBI began |
investigating, and everything came to light.37 The FBI discovered that |
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