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Ground Control had been infiltrated from a location occupied by executives |
from Cardinals. The Cardinals launched an internal investigation. The |
hacking was traced back to Correa, who had been promoted to scouting |
director. |
Correa was fired by the Cardinals. He was criminally charged under a |
federal hacking statute, and he pled guilty. He was sentenced to prison for |
nearly four years and ordered to pay restitution of $279,038.65. The Major |
League Baseball Commissioner banned Correa permanently from baseball, |
a sanction imposed only on a few others such as Pete Rose and players from |
the 1919 scandal-ridden Chicago White Sox. The Cardinals were fined $2 |
million, and they had to forfeit their first two picks in the draft to the |
Houston Astros. |
“Hacking” Is Often Just Snooping |
There are some who object to the word “hacking” to describe what |
happened here. Hacking connotes high-tech wizardry, the stuff chronicled |
in the movie War Games or regularly on TV where people can break into |
any network by typing for 10 seconds on a keyboard. |
The methods used by Correa to access the Astros’ system were not very |
sophisticated. Correa used some old passwords he knew from when |
Luhnow and others were working with the Cardinals. The passwords |
weren’t changed when they went to the Astros. So, Correa wasn’t a tech |
wiz, but he did know some of the ancient wisdom passed down through |
generations of computer fraudsters: People often have poor password |
practices. People select bad passwords, they put them on sticky notes near |
their computers, and they often never change them. Correa guessed |
correctly that Luhnow or the others didn’t bother to change the password |
after they went from the Cardinals to the Astros. |
Whether you call it “hacking” or not, the key thing for the law is that |
someone is accessing a computer in ways that are not authorized. This |
doesn’t need to occur through any kind of technological acumen. |
The federal Computer Fraud and Abuse Act (CFAA) imposes criminal |
penalties when a person “intentionally accesses a computer without |
authorization or exceeds authorized access, and thereby obtains . . . |
information from any protected computer.”38 A protected computer is |
defined very broadly—essentially, it includes any computer connected to |
the Internet. |
There are a variety of different types of crimes under the CFAA |
depending upon the circumstances, but the foundation of all of them is |
unauthorized access. And based on the facts reported, there was |
unauthorized access. Even though the password was readily guessable—and |
even though it appears the Cardinals already had the list of passwords in its |
possession—the ease of access doesn’t matter. No matter how careless |
Luhnow might have been with security, accessing his computer without |
authorization is still a crime. |
Many people have the misconception that computer crime is very |
sophisticated, but often it isn’t. Hackers often break into a system through |
con artistry—by tricking people into giving them their password. If you |
read about the exploits of reformed hacker Kevin Mitnick, the inspiration |
for the movie War Games, many of his techniques seem closer to the movie |
Dirty Rotten Scoundrels. |
We don’t know for sure, but we are willing to bet that Correa didn’t |
think of himself as a hacker. Hackers are often depicted in photos as |
teenagers in hoodies or criminals in ninja suits. In movies and TV, hackers |
are sophisticated techies who can break into the most secure systems with |
just a few keystrokes. In heist movies, they can instantly pull up the |
architectural plans to the building to be robbed. A few more keystrokes gets |
them into the power grid. |
But in real life, a large component of hacking isn’t high-tech. Correa |
didn’t use technical wizardry to break into Ground Control. He just used a |
password he knew. He was a snooper. But under the law, he was a hacker. |
In the analog world, people do a lot of snooping. A person in the |
bathroom at a friend’s house might peek into the medicine cabinet. A |
spouse might peek at their partner’s diary or private papers that are sitting |
out on the bed. People might put their ears against the door to listen in on a |
conversation in the next room. These forms of non-digital snooping are not |
punished very severely; many instances are not even punished at all by the |
law. |
But when it comes to digital snooping, it’s a different story. Snooping |
into email accounts or other online accounts will violate state and federal |
electronic surveillance statutes which penalize many intrusions as felonies |
with steep prison terms. |
The CFAA rightly punishes front-door snooping such as Correa’s. Other |
forms of snooping, such as when employees of an organization look into |
people’s records out of curiosity rather than as part of their job, are dealt |
with by privacy laws such as HIPAA. It is still common for most people to |
associate the front door with privacy and the back door with security. |
Understanding that the front door is also essential to security is a necessary |
step toward more robust security. |
POOR PRIVACY LEADS TO POOR DATA SECURITY |
Poor privacy will undermine even the best data security. Good privacy |
practices involve having more than just the bare minimum of procedural |
safeguards like getting consent or being transparent about data practices. To |
have good privacy practices an organization must severely curb its data |
appetite, collect only the data that is necessary and justified, delete data |
when it is no longer needed, and avoid data processing that threatens |
people’s rights, exposes people to an undue risk of harm, or leads to socially |
detrimental effects. |
Many organizations are looking for ways to try to hook everything up to |
the Internet, to collect more personal data, to use it in more ways, to gather |
it all together, and to keep it for longer, possibly forever. These are |
problematic privacy practices, and they are a recipe for a security Titanic. |
There are several ways that bad privacy can lead to bad security: (1) Weak |
privacy controls can lead to improper access through the front door; (2) |
Collecting and storing unnecessary data can make data breaches much |
worse; (3) Poor privacy regulation can allow for more tools and practices |
that compromise security; and (4) A lack of accountability over data can |
increase the likelihood that the data will be lost, misplaced, or misused. |
Weak Privacy Leads to Front-Door Breaches |
On the Sunday morning of March 18, 2018, The Guardian published a |
bombshell story: “Revealed: 50 million Facebook profiles harvested for |
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