Posts Tagged: gartner


8
Oct 16

Europe to Push New Security Rules Amid IoT Mess

The European Commission is drafting new cybersecurity requirements to beef up security around so-called Internet of Things (IoT) devices such as Web-connected security cameras, routers and digital video recorders (DVRs). News of the expected proposal comes as security firms are warning that a great many IoT devices are equipped with little or no security protections.

iotb2According to a report at Euractiv.com, the Commission is planning the new IoT rules as part of a new plan to overhaul the European Union’s telecommunications laws. “The Commission would encourage companies to come up with a labeling system for internet-connected devices that are approved and secure,” wrote Catherine Stupp. “The EU labelling system that rates appliances based on how much energy they consume could be a template for the cybersecurity ratings.”

In last week’s piece, “Who Makes the IoT Things Under Attack?,” I looked at which companies are responsible for IoT products being sought out by Mirai — malware that scans the Internet for devices running default usernames and passwords and then forces vulnerable devices to participate in extremely powerful attacks designed to knock Web sites offline.

One of those default passwords — username: root and password: xc3511 — is in a broad array of white-labeled DVR and IP camera electronics boards made by a Chinese company called XiongMai Technologies. These components are sold downstream to vendors who then use it in their own products.

That information comes in an analysis published this week by Flashpoint Intel, whose security analysts discovered that the Web-based administration page for devices made by this Chinese company (http://ipaddress/Login.htm) can be trivially bypassed without even supplying a username or password, just by navigating to a page called “DVR.htm” prior to login.

Worse still, even if owners of these IoT devices change the default credentials via the device’s Web interface, those machines can still be reached over the Internet via communications services called “Telnet” and “SSH.” These are command-line, text-based interfaces that are typically accessed via a command prompt (e.g., in Microsoft Windows, a user could click Start, and in the search box type “cmd.exe” to launch a command prompt, and then type “telnet” to reach a username and password prompt at the target host).

“The issue with these particular devices is that a user cannot feasibly change this password,” said Flashpoint’s Zach Wikholm. “The password is hardcoded into the firmware, and the tools necessary to disable it are not present. Even worse, the web interface is not aware that these credentials even exist.”

Flashpoint’s researchers said they scanned the Internet on Oct. 6 for systems that showed signs of running the vulnerable hardware, and found more than 515,000 of them were vulnerable to the flaws they discovered.

Flashpoint says the majority of media coverage surrounding the Mirai attacks on KrebsOnSecurity and other targets has outed products made by Chinese hi-tech vendor Dahua as a primary source of compromised devices. Indeed, Dahua’s products were heavily represented in the analysis I published last week.

For its part, Dahua appears to be downplaying the problem. On Thursday, Dahua published a carefully-worded statement that took issue with a Wall Street Journal story about the role of Dahua’s products in the Mirai botnet attacks.

“To clarify, Dahua Technology has maintained a B2B business model and sells its products through the channel,” the company said. “Currently in the North America market, we don’t sell our products directly to consumers and businesses through [our] website or retailers like Amazon. Amazon is not an approved Dahua distributor and we proactively conduct research to identify and take action against the unauthorized sale of our products. A list of authorized distributors is available here.” Continue reading →


13
Aug 16

Visa Alert and Update on the Oracle Breach

Credit card industry giant Visa on Friday issued a security alert warning companies using point-of-sale devices made by Oracle‘s MICROS retail unit to double-check the machines for malicious software or unusual network activity, and to change passwords on the devices. Visa also published a list of Internet addresses that may have been involved in the Oracle breach and are thought to be closely tied to an Eastern European organized cybercrime gang.

VSA-oracle

The Visa alert is the first substantive document that tries to help explain what malware and which malefactors might have hit Oracle — and by extension many of Oracle’s customers — since KrebsOnSecurity broke news of the breach on Aug. 8. That story cited sources close to the investigation saying hackers had broken into hundreds of servers at Oracle’s retail division, and had completely compromised Oracle’s main online support portal for MICROS customers.

MICROS is among the top three point-of-sale vendors globally. Oracle’s MICROS division sells point-of-sale systems used at more than 330,000 cash registers worldwide. When Oracle bought MICROS in 2014, the company said MICROS’s systems were deployed at some 200,000+ food and beverage outlets, 100,000+ retail sites, and more than 30,000 hotels.

In short, tens of millions of credit cards are swiped at MICROS terminals monthly, and a breach involving the theft of credentials that might have granted remote access to even just a small percentage of those systems is potentially a big and costly problem for all involved.

So far, however, most MICROS customers are left scratching their heads for answers. A frequently asked questions bulletin (PDF) Oracle also released last Monday held little useful information. Oracle issued the same cryptic response to everyone who asked for particulars about how far the breach extended. “Oracle has detected and addressed malicious code in certain legacy MICROS systems.”

Oracle also urged MICROS customers to change their passwords, and said “we also recommend that you change the password for any account that was used by a MICROS representative to access your on-premises systems.”

One of two documents Oracle sent to MICROS customers and the sum total of information the company has released so far about the breach.

One of two documents Oracle sent to MICROS customers and the sum total of information the company has released so far about the breach.

Some technology and fraud experts, including Gartner Analyst Avivah Litan, read that statement highlighted in yellow above as an acknowledgement by Oracle that hackers may have abused credentials gained in the MICROS portal breach to plant malicious code on the point-of-sale devices run by an unknown number of MICROS customers.

“This [incident] could explain a lot about the source of some of these retail and merchant point-of-sale hacks that nobody has been able to definitively tie to any one point-of-sale services provider,” Litan told me last week. “I’d say there’s a big chance that the hackers in this case found a way to get remote access” to MICROS customers’ on-premises point-of-sale devices.”

Clearly, Visa is concerned about this possibility as well.

INDICATORS OF COMPROMISE

In my original story about the breach, I wasn’t able to reveal all the data I’d gathered about the apparent source of the attacks and attackers. A key source in that story asked that I temporarily delay publishing certain details of the investigation, specifically those known as indicators of compromise (IOCs). Basically, IOCs are list of suspect Internet addresses, domain names, filenames and other curious digital clues that are thought to connect the victim with its attacker.

I’ve been inundated all week with calls and emails from security experts asking for that very data, but sharing it wasn’t my call. That is, until yesterday (8/12/16), when Visa published a “merchant communication alert” to some customers. In that alert (PDF), Visa published IOCs that may be connected with the intrusion. These IOCs could be extremely useful to MICROS customers because the presence of Internet traffic to and from these online destinations would strongly suggest the organization’s point-of-sale systems may be similarly compromised.

Some of the addresses on this list from Visa are known to be associated with the Carbanak Gang, a group of Eastern European hackers that Russian security firm Kaspersky Lab estimates has stolen more than $1 billion from banks and retailers. Here’s the IOCs list from the alert Visa pushed out Friday:

VISA warned merchants to check their systems for any communications to and from these Internet addresses and domain names associated with a Russian organized cybercrime gang called "Carbanak."

Visa warned merchants to check their systems for any communications to and from these Internet addresses and domain names associated with a Russian organized cybercrime gang called “Carbanak.”

Thankfully, since at least one of the addresses listed above (192.169.82.86) matched what’s on my source’s list, the source agreed to let me publish the entire thing. Here it is. I checked my source’s list and found at least five Internet addresses that were seen in both the Oracle attack and in a Sept. 2015 writeup about Carbanak by ESET Security, a Slovakian antivirus and security company. [NB: If you are unskilled at safely visiting malicious Web sites and/or handling malware, it’s probably best not to visit the addresses in the above-linked list.]

Visa also mentioned a specific POS-malware threat in its alert called “MalumPOS.” According to researchers at Trend Micro, MalumPOS is malware designed to target point-of-sale systems in hotels and related industries. In fact, Trend found that MalumPOS is set up to collect data specifically from point-of-sale systems running on Oracle’s MICROS platform.

It should come as no surprise then that many of Oracle’s biggest customers in the hospitality industry are starting to make noise, accusing Oracle of holding back key information that could help MICROS-based companies stop and clean up breaches involving malware and stolen customer credit card data.

“Oracle’s silence has been deafening,” said Michael Blake, chief executive officer at HTNG, a trade association for hotels and technology. “They are still grappling and trying to answer questions on the extent of the breach. Oracle has been invited to the last three [industry] calls this week and they are still going about trying to reach each customer individually and in the process of doing so they have done nothing but given the lame advice of changing passwords.”

The hospitality industry has been particularly hard hit by point-of-sale compromises over the past two years. Last month, KrebsOnSecurity broke the news of a breach at Kimpton Hotels (Kimpton appears to run MICROS products, but the company declined to answer questions for this story).

Kimpton joins a long list of hotel brands that have acknowledged card breaches over the last year, including Trump Hotels (twice), Hilton, Mandarin Oriental, and White Lodging (twice), Starwood Hotels and Hyatt. In many of those incidents, thieves had planted malicious software on the point-of-sale devices at restaurants and bars inside of the hotel chains. And, no doubt, many of those cash registers were run on MICROS systems.

If Oracle doesn’t exactly know which — if any — of its MICROS customers had malware on their point-of-sale systems as a result of the breach, it may be because the network intruders didn’t have any reason to interact with Oracle’s customers via the MICROS portal after stealing usernames and passwords that would allow them to remotely access customer on-premises systems. In theory, at that point the fraudsters could have bypassed Oracle altogether from then on. Continue reading →


22
Jun 16

Rise of Darknet Stokes Fear of The Insider

With the proliferation of shadowy black markets on the so-called “darknet” — hidden crime bazaars that can only be accessed through special software that obscures one’s true location online — it has never been easier for disgruntled employees to harm their current or former employer. At least, this is the fear driving a growing stable of companies seeking technical solutions to detect would-be insiders.

Avivah Litan, a fraud analyst with Gartner Inc., says she’s been inundated recently with calls from organizations asking what they can do to counter the following scenario: A disaffected or disgruntled employee creates a persona on a darknet market and offers to sell his company’s intellectual property or access to his employer’s network.

A darknet forum discussion generated by a claimed insider at music retailer Guitar Center.

A darknet forum discussion generated by a claimed insider at music retailer Guitar Center.

Litan said a year ago she might have received one such inquiry a month; now Litan says she’s getting multiple calls a week, often from companies that are in a panic.

“I’m getting calls from lots of big companies, including manufacturers, banks, pharmaceutical firms and retailers,” she said. “A year ago, no one wanted to say whether they had or were seriously worried about insiders, but that’s changing.”

Insiders don't have to be smart or sophisticated to be dangerous.

Insiders don’t have to be smart or sophisticated to be dangerous, as this darknet forum discussion thread illustrates.

Some companies with tremendous investments in intellectual property — particularly pharmaceutical and healthcare firms — are working with law enforcement or paying security firms to monitor and track actors on the darknet that promise access to specific data or organizations, Litan said. Continue reading →


23
Sep 15

Bidding for Breaches, Redefining Targeted Attacks

A growing community of private and highly-vetted cybercrime forums is redefining the very meaning of “targeted attacks.” These bid-and-ask forums match crooks who are looking for access to specific data, resources or systems within major corporations with hired muscle who are up to the task or who already have access to those resources.

A good example of this until recently could be found at a secretive online forum called “Enigma,” a now-defunct community that was built as kind of eBay for data breach targets. Vetted users on Enigma were either bidders or buyers — posting requests for data from or access to specific corporate targets, or answering such requests with a bid to provide the requested data. The forum, operating on the open Web for months until recently, was apparently scuttled when the forum administrators (rightly) feared that the community had been infiltrated by spies.

The screen shot below shows several bids on Enigma from March through June 2015, requesting data and services related to HSBC UK, Citibank, Air Berlin and Bank of America:

Enigma, an exclusive forum for cyber thieves to buy and sell access to or data stolen from companies.

Enigma, an exclusive forum for cyber thieves to buy and sell access to or data stolen from companies.

One particularly active member, shown in the screen shot above and the one below using the nickname “Demander,” posts on Jan. 10, 2015 that he is looking for credentials from Cisco and that the request is urgent (it’s unclear from the posting whether he’s looking for access to Cisco Corp. or simply to a specific Cisco router). Demander also was searching for services related to Bank of America ATMs and unspecified data or services from Wells Fargo.

More bids on Enigma forum for services.

More bids on Enigma forum for services, data, and access to major corporations.

Much of the information about Enigma comes from Noam Jolles, a senior intelligence expert at Diskin Advanced Technologies. The employees at Jolles’ firm are all former members of Shin Bet, a.k.a. the Israel Security Agency/General Security Service — Israel’s counterespionage and counterterrorism agency, and similar to the British MI5 or the American FBI. The firm’s namesake comes from its founder, Yuval Diskin, who headed Shin Bet from 2005 to 2011.

“On Enigma, members post a bid and call on people to attack certain targets or that they are looking for certain databases for which they are willing to pay,” Jolles said. “And people are answering it and offering their merchandise.”

Those bids can take many forms, Jolles said, from requests to commit a specific cyberattack to bids for access to certain Web servers or internal corporate networks.

“I even saw bids regarding names of people who could serve as insiders,” she said. “Lists of people who might be susceptible to being recruited or extorted.”

Many experts believe the breach that exposed tens of millions user accounts at AshleyMadison.com — an infidelity site that promises to hook up cheating spouses — originated from or was at least assisted by an insider at the company. Interestingly, on June 25, 2015 — three weeks before news of the breach broke — a member on a related secret data-trading forum called the “Gentlemen’s Club” solicits “data and service” related to AshleyMadison, saying “Don’t waste time if you don’t know what I’m talking about. Big job opportunity.”

On June 26, 2015, a forum member named "Diablo" requests data and services related to AshleyMadison.com.

On June 26, 2015, a “Gentlemen’s Club” forum member named “Diablo” requests data and services related to AshleyMadison.com.

Cybercrime forums like Enigma vet new users and require non-refundable deposits of virtual currency (such as Bitcoin). More importantly, they have strict rules: If the forum administrators notice you’re not trading with others on the forum, you’ll soon be expelled from the community. This policy means that users who are not actively involved in illicit activities — such as buying or selling access to hacked resources — aren’t allowed to remain on the board for long. Continue reading →


10
Jun 15

Breach at Winery Card Processor Missing Link

Missing Link Networks Inc., a credit card processor and point-of-sale vendor that serves a number of wineries in Northern California and elsewhere, disclosed today that a breach of its networks exposed card data for transactions it processed in the month of April 2015.

ecellarEarlier this week, I heard from a source at one of Sonoma, Calif.’s fancier wineries that their card processor had been breached. On Tuesday, I reached out to Calistoga, Calif. based Missing Link. Today, the company responded that it had begun notifying its customers about the incident, and that it was working with law enforcement and the card associations on an investigation.

“Beginning on May 27, 2015, we began notifying our winery customers that eCellar Systems, our consumer-direct sales platform, had been breached during the month of April, 2015 by an unknown intruder,” the company’s founder and CEO, Paul Thienes, said in a written statement. “To that end, each of our winery clients will be sending out notice of this event to their customers and it is likely that individual consumers may receive a similar notice from multiple wineries.”

“The intruder gained access to customer names, credit/debit card numbers, the related billing addresses, and any dates of birth in our system during the window of April 1st through 30th this year,” Thienes wrote. “The intruder did not have access to any driver license numbers, Social Security numbers, CVV verification numbers, or PIN numbers (data which we would typically not collect anyway). We have identified and secured the method that was used to breach our platform. Additionally, to prevent a future reoccurrence, we are in the process of converting to a ‘token’ system so that credit card numbers will no longer be stored by the eCellar platform.” Continue reading →


1
Apr 15

‘Revolution’ Crimeware & EMV Replay Attacks

In October 2014, KrebsOnSecurity examined a novel “replay” attack that sought to exploit implementation weaknesses at U.S. financial institutions that were in the process of transitioning to more secure chip-based credit and debit cards. Today’s post looks at one service offered in the cybercrime underground to help thieves perpetrate this type of fraud.

Several U.S. financial institutions last year reported receiving tens of thousands of dollars in fraudulent credit and debit card transactions coming from Brazil and hitting card accounts stolen in recent retail heists, principally cards compromised as part of the October 2014 breach at Home Depot. The affected banks were puzzled by the attacks because the fraudulent transactions were all submitted through Visa and MasterCard‘s networks as chip-enabled transactions, even though the banks that issued the cards in question hadn’t yet begun sending customers chip-enabled cards.

Seller in underground forum describes his "Revolution" software to conduct  EMV card fraud against banks that haven't implemented EMV correctly .

Seller in underground forum describes his “Revolution” software to conduct EMV card fraud against banks that haven’t implemented EMV fully.

Fraud experts said the most likely explanation for the activity was that crooks were pushing regular magnetic stripe transactions through the card network as chip card purchases using a technique known as a “replay” attack. According to one bank interviewed at the time, MasterCard officials explained that the thieves were likely in control of a payment terminal and had the ability to manipulate data fields for transactions put through that terminal. After capturing traffic from a real chip-based chip card transaction, the thieves could insert stolen card data into the transaction stream, while modifying the merchant and acquirer bank account data on-the-fly.

Recently, KrebsOnSecurity encountered a fraudster in a popular cybercrime forum selling a fairly sophisticated software-as-a-service package to do just that. The seller, a hacker who reportedly specializes in selling skimming products to help thieves steal card data from ATMs and point-of-sale devices, calls his product “Revolution” and offers to provide buyers with a list of U.S. financial institutions that have not fully or properly implemented systems for accepting and validating chip-card transactions. Continue reading →


4
Jun 13

FDIC: 2011 FIS Breach Worse Than Reported

A 2011 hacker break-in at banking industry behemoth Fidelity National Information Services (FIS) was far more extensive and serious than the company disclosed in public reports, banking regulators warned FIS customers last month. The disclosure highlights a shocking lack of basic security protections throughout one of the nation’s largest financial services providers.

fisJacksonville, Fla. based FIS is one of the largest information processors for the banking industry today, handling a range of services from check and credit card processing to core banking functions for more than 14,000 financial institutions in over 100 countries.

The company came under heavy scrutiny from banking industry regulators in the first quarter of 2011, when hackers who had broken into its networks used that access to orchestrate a carefully-timed, multi-million dollar ATM heist. In that attack, the hackers raised or eliminated the daily withdrawal limits for 22 debit cards they’d obtained from FIS’s prepaid card network. The fraudsters then cloned the cards and distributed them to co-conspirators who used them to pull $13 million in cash from FIS via ATMs in several major cities across Europe, Russia and Ukraine.

FIS first publicly reported broad outlines of the breach in a May 3, 2011 filing with the Securities and Exchange Commission (SEC), stating that it had identified “7,170 prepaid accounts may have been at risk and that three individual cardholders’ non-public information may have been disclosed as a result of the unauthorized activities.” FIS told the SEC it worked with the impacted clients to take appropriate action, including blocking and reissuing cards for the affected accounts. “The Company has taken steps to further enhance security and continues to work with Federal law enforcement officials on this matter,” it declared in its filing.

FIS’s disclosure to investors cast the breach as limited in scope, saying the break-in was restricted to unauthorized activity at a portion of its network belonging to a small prepaid debit card provider that it acquired in 2007.  But bank examiners at the Federal Deposit Insurance Corp. (FDIC) who audited FIS’s operations in the months following the 2011 breach and again in October 2012 came to a very different conclusion: According to a report that the FDIC sent May 24, 2013 to hundreds of FIS’s customer banks and obtained by KrebsOnSecurity, the 2011 breach was much larger than previously reported.

“The initial findings have identified many additional servers exposed by the attackers; and many more instances of the malware exploits utilized in the network intrusions of 2011, which were never properly identified or assessed,”  the FDIC examiners wrote in a report from October 2012. “As a result, FIS management now recognizes that the security breach events of 2011 were not just a pre-paid card fraud event, as originally maintained, but rather are that of a broader network intrusion.”

Indeed, the FDIC’s examiners found that there was scarcely a portion of the FIS network that the hackers did not touch.

“From review of the previous investigation reports, along with other documentation provided by FIS, examiners and payment card industry experts identified over 2,000 touch points that indicated a broad exposure of internal FIS systems and client related data,” the report notes. “These systems include, but are not limited to, the The New York Currency Exchange ATM network, prime core application systems, and various Internet banking, ACH, and wire transfer systems. These touch points also indicated approximately 100 client financial institutions, which appear to have had sensitive data exposed by the attackers.”

fdicsnip

A screen shot of an excerpt from the FDIC report on security lapses at FIS.

In an emailed statement, FIS maintained that “no client of FIS suffered any monetary loss as a result of the incident, and stressed that the report is based upon a review that was completed in October 2012.

“Since that time, FIS has continued to strengthen its information security and risk position, including investments over two years of $100 million or more, as part of our goal to provide best-in-class information security and risk management to each of our 14,000-plus clients. We have openly and regularly communicated these initiatives, our progress and results to our clients and shareholders through meetings, monthly updates, quarterly public disclosures, Board materials, educational webinars, and more.”

WHAT DOES $100 MILLION BUY?

Nevertheless, investors may be less than pleased about how FIS is spending its security dollars. The FDIC found that even though FIS has hired a number of incident response firms and has spent more than $100 million responding to the 2011 breach, the company failed to enact some very basic security mechanisms. For example, the FDIC noted that FIS routinely uses blank or default passwords on numerous production systems and network devices, even though these were some of the same weaknesses that “contributed to the speed and ease with which attackers transgressed and exposed FIS systems during the 2011 network intrusion.”

“Many FIS systems remain configured with default passwords, no passwords, non-complex passwords, and non-expiring passwords,” the FDIC wrote. “Enterprise vulnerability scans in November 2012, noted over 10,000 instances of default passwords in use within the FIS environment.”

The bank auditors also found “a high number of unresolved network and application vulnerabilities remain throughout the enterprise.

“The Executive Summary Scan reports from November 2012 show 18,747 network vulnerabilities and over 291 application vulnerabilities as past due,” the report charges.

What’s more, investigators probing the breach at FIS may have been denied key clues about the source of the intrusion because FIS incident response personnel wiped many of the compromised systems and put them back on the network before the machines could be properly examined.

“Many systems were re-constituted and introduced back into the production environment before data preservation techniques were applied,” the report notes. “Additionally, poor forensic preservation techniques led to numerous servers being re-imaged before analysis was completed and significant logging data was inadvertently destroyed. Several servers, key to the investigation process, were re-introduced into the production environment and subsequently re-compromised due to misconfigured baselines and inadequate security testing outside of corporate policy.”

Continue reading →


29
Jun 11

Regulators Issue Updated eBanking Security Guidelines

Federal banking regulators today released a long-awaited supplement to the 2005 guidelines that describe what banks should be doing to protect e-banking customers from hackers and account takeovers. Experts called the updated guidance a step forward, but were divided over whether it would be adequate to protect small to mid-sized businesses against today’s sophisticated online attackers.

The new guidance updates “Authentication in an Internet Banking Environment,” a document released in 2005 by the Federal Financial Institutions Examination Council (FFIEC) for use by bank security examiners. The 2005 guidance has been criticized for being increasingly irrelevant in the face of current threats like the password-stealing ZeuS Trojan, which can defeat many traditional customer-facing online banking authentication and security measures. The financial industry has been expecting the update since December 2010, when a draft version of the guidelines was accidentally leaked.

The document released today (PDF) recognizes the need to protect customers from newer threats, but stops short of endorsing any specific technology or approach. Instead, it calls on banks to conduct more rigorous risk assessments,  to monitor customer transactions for suspicious activity, and to work harder to educate customers — particularly businesses — about the risks involved in banking online.

“Fraudsters have continued to develop and deploy more sophisticated, effective, and malicious methods to compromise authentication mechanisms and gain unauthorized access to customers’ online accounts,” the FFIEC wrote. “Rapidly growing organized criminal groups have become more specialized in financial fraud and have been successful in compromising an increasing array of controls.”

The 2005 guidelines drew little distinction between precautions a bank should take to protect consumer and commercial accounts, but the supplement makes clear that online business transactions generally involve much higher level of risk to financial institutions and commercial customers. It calls for “layered security programs” to deal with these riskier transactions, such as:

-methods for detecting transaction anomalies;

-dual transaction authorization through different access devices;

-the use of out-of-band verification for transactions;

-the use of “positive pay” and debit blocks to appropriately limit the transactional use of an account;

-“enhanced controls over account activities,” such as transaction value thresholds, payment recipients, the number of transactions allowed per day and allowable payment days and times; and

-“enhanced customer education to increase awareness of the fraud risk and effective techniques customers can use to mitigate the risk.”

Continue reading →


8
Jun 11

Court: Passwords + Secret Questions = ‘Reasonable’ eBanking Security

A closely-watched court battle over how far commercial banks need to go to protect their customers from cyber theft is nearing an end. Experts said the decision recommended by a magistrate last week — if adopted by a U.S. district court in Maine — will make it more difficult for other victim businesses to challenge the effectiveness of security measures employed by their banks.

In May 2009, Sanford, Maine based Patco Construction Co. filed suit against Ocean Bank, a division of Bridgeport, Conn. based People’s United Bank. Pacto used online banking primarily to make weekly payroll payments. Patco said cyber thieves used the ZeuS trojan to steal its online banking credentials, and then heisted $588,000 in batches of fraudulent automated clearing house (ACH) transfers over a period of seven days.

In the weeks following the incident, Ocean Bank managed to block or claw back $243,406 of the fraudulent transfers, leaving Patco with a net loss of $345,445. Because the available funds in Patco’s account were less than the total fraudulent withdrawals, the bank drew $223,237 on Patco’s line of credit to cover the transfers. Patco ended up paying interest on that amount to avoid defaulting on its loans.

Patco sued to recover its losses, arguing in part that Ocean Bank failed to live up to the terms of its contract when it allowed customers to log in to accounts using little more than a user name and password. On May 27, a magistrate recommended that the court make Patco the loser by denying Pacto’s motion for summary judgment and granting the bank’s motion.

David Navetta, a founding partner of the Information Law Group, said that Patco has about another week to dispute the magistrate’s recommendations, but that it is unlikely that the judge overseeing the case will overturn the magistrate’s findings.

Navetta said the magistrate considered the legal issues and propounded an analysis of what constitutes “commercially reasonable” security.

“Many security law commentators, myself included, have long held that reasonable security does not mean bullet-proof security, and that companies need not be at the cutting edge of security to avoid liability,” Navetta said. “The court explicitly recognizes this concept, and I think that is a good thing.”

But Avivah Litan, a fraud and bank security analyst at Gartner, took strong exception to the way the magistrate arrived at the recommended decision, calling it “an outrage.”

“In my opinion, this is frankly an egregious injustice against small U.S. businesses,” Litan said. “It is also a complete failure of the bank regulatory system in the United States, which should come as no surprise, given the history of the regulators in the 21st century.”

Continue reading →


6
Apr 10

e-Banking Guidance for Banks & Businesses

One bit of criticism I’ve heard about my stories on small businesses losing their shirts over online banking fraud is that I don’t often enough point out what banks and customers should be doing differently to lessen the chance of suffering one of these incidents. As it happens, a source of mine was recently at a conference where one of the key speakers was a senior official from the Office of the Comptroller of the Currency, one of the main banking industry regulators.

Continue reading →