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https://doi.org/10.1145/1719030.1719050. |
37. |
See Brian Krebs, Anthem Breach May Have Started in April 2014, KrebsOnSecurity, (Feb. 15, |
2015), http://krebsonsecurity.com/2015/02/anthem-breach-may-have-started-in-april-2014/. |
38. |
Daniel J. Solove, The Funniest Password Recovery Questions Ever and Why Even These Don’t |
Work, Privacy + Security Blog (Oct. 2, 2016), https://teachprivacy.com/the-funniest-password- |
recovery-questions-and-why-even-these-dont-work. |
39. |
See Cormac Herley & Paul van Oorschot, A Research Agenda Acknowledging the Persistence |
of Passwords, IEEE Security & Privacy, (January/February 2011). |
40. |
Herley, So long, supra. |
41. |
Id. (“most security advice simply offers a poor cost-benefit tradeoff to users and is rejected. |
Security advice is a daily burden, applied to the whole population, while an upper bound on the |
benefit is the harm suffered by the fraction that become victims annually. When that fraction is |
small, designing security advice that is beneficial is very hard.”) 42. |
See, e.g., Stephen |
Greenspan, Annals of Gullibility: Why We Get Duped and How to Avoid It (2008); Joseph Paul |
Forgas, Why are Some People More Gullible Than Others?, Phys.org, (Mar. 31, 2017), |
https://phys.org/news/2017-03-people-gullible.html (“In most face-to-face situations, the |
threshold of acceptance is fairly low, as humans operate with a “positivity bias” and assume |
most people act in an honest and genuine way.”). |
43. |
See, e.g., David Gefen Izak Benbasat et al., A Research Agenda for Trust in Online |
Environments, J. of Mgmt. Info. Sys., 24:4, 275–286, (2008) DOI: 10.2753/MIS0742- |
1222240411. |
44. |
See, e.g., Stefano Grazioli & Sirkka L. Jarvenpaa, Perils of Internet Fraud: An Empirical |
Investigation of Deception and Trust with Experienced Internet Consumers, IEEE Transactions |
On Systems, Man, and Cybernetics—Part A: Systems and Humans, Vol. 30, No. 4, July 2000; |
Emma J. Williams & Amy Beardmore et al., Individual Differences in Susceptibility to Online |
Influence: A Theoretical Review, 72 Comp. in Human Behavior 412 (2017). |
45. |
Roger Ford, Data Scams, 57 Hou. L. Rev. 111 (2019). |
46. |
Keith J. Kelly, Magazine Publisher Loses $1.5M in Cyberfraud, New York Post, (June 16, |
2015), |
https://nypost.com/2015/06/16/magazine-publisher-swindled-out-of-1-5-million-in- |
cyber-fraud/. |
47. |
Kenneth R. Harney, Hackers Prey on Home Buyers, with Hundreds of Millions of Dollars at |
Stake, Washington Post (Nov. 1, 2017), https://www.washingtonpost.com/realestate/hackers- |
prey-on-home-buyers-with-hundreds-of-millions-of-dollars-at-stake/2017/10/30/0379dcb4- |
bd87-11e7-97d9-bdab5a0ab381_story.html. |
48. |
Mr. Robot, Season 1, Episode 5, “3xpl0its.wmv.” |
49. |
“Design,” |
Merriam-Webster |
Online |
Dictionary |
(2016), |
http://www.merriam- |
webster.com/dictionary/design. |
50. |
Woodrow Hartzog, Privacy’s Blueprint (2018). |
51. |
Schneier, Click Here, supra. |
52. |
General Data Protection Regulation Article 25. |
53. |
Under a proposal in the American Law Institute’s Principles of the Law, Data Privacy, also |
requires organizations to articulate a framework for privacy and security by design, whereby “A |
personal data user shall analyze the privacy and security implications early on in the |
development of any new products, services, or processes that have a reasonable likelihood of |
involving privacy or security issues.” The Principles also recommend a commitment to default |
settings with a rigorous impact assessment regarding how the default settings of any new |
product or service implicate and appropriately address privacy and security and that the |
outcome of that assessment reasonably “be reflected in the final default setting choices that are |
made.” American Law Institute, Principles of the Law, Data Privacy §18, at 101–02 (2019). |
The reporters on the project were Paul M. Schwartz and Daniel J. Solove. |
54. |
Signals can also modulate transaction costs themselves. Weak signals burden users with the |
cost of finding more information. Strong signals reduce the burden of retrieving information. |
For example, buttons with labels send signals to users that make the decision as to when to |
press the button easier. |
55. |
Id. |
56. |
Schneier, Click Here, supra, at 107. |
57. |
Kate Kochetkova, Users Are Still Too Careless in Social Networks, Kaspersky Lab Daily, (Feb. |
3, 2016), https://blog.kaspersky.com/social-networks-behaviour/11203/; Evan Selinger & |
Woodrow Hartzog, Why Is Facebook Putting Teens at Risk?, Bloomberg, (Oct. 24, 2013), |
http://www.bloomberg.com/view/articles/2013-10-24/why-is-facebook-putting-teens-at-risk-. |
58. |
Aran Khanna, Your Venmo Transactions Leave a Publicly Accessible Money Trail, Huff Post, |
(Oct, 30, 2015), http://www.huffingtonpost.com/aran-khanna/venmo-money_b_8418130.html; |
http://internet.gawker.com/heres-the-number-one-reason-to-set-your-venmo-account-t- |
1687461730. |
59. |
Khanna, |
supra, |
Huff |
Post, |
(Oct. |
30, |
2015), |
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