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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),