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Cybersecurity and Information Sharing


April 29, 2015


This In Focus summarizes the issues related to sharing
information about cybersecurity breaches (the theft of
information from computer networks) to prevent similar
incidents in the future. Legislation has been introduced in
the 113th and 114th Congresses to remove what some
perceive to be legal obstacles to information sharing.

Overview

What  Is Information Sharing? The  discussion of
cybersecurity data breach information sharing usually
refers to sharing information within an industry or between
industry and government about a cyberattack. Sharing data
breach information with consumers is usually discussed
separately and called data breach notification.

What  Is Stolen in a Data Breach? Confidential
information is usually copied in a data breach and sold or
used in ways that adversely impact the rightful owners of
the information. This can include credit and debit card
information, medical records, personally identifiable
information, or an organization's proprietary information.
Historically, credit card information has been the most
stolen information.

How  Do  Data Breaches Occur?  In 2014, according to the
Identity Theft Resource Center, hacking was involved in
29%  of 783 data breaches analyzed. Other causes were
subcontractors and third parties (15%), physical theft
(13%), accidental exposure (12%), employee negligence
(11%), insider theft (10%), and data moving over a network
(8%).

Figure  I. Techniaues Used  in Data Breaches


Source: Identity Theft Resource Center, ITRC Breach Statistics
2005-2014, http://www.idtheftcenter.org/images/breach/
MultiYearStatistics.pdf.

Costs and Who  Bears  Them?  Merchants that honor stolen
credit cards can have charges reversed (a chargeback) and
end up without the merchandise or the payment. Credit card
issuers say they are not fully reimbursed when they have to


replace a compromised credit card. Companies that produce
software with security flaws may not bear the cost of the
flaws. The result is that those responsible for cybersecurity
breaches rarely pay the full cost of those breaches.

Use of Shared Information. Sharing information about
cyber breaches could help other organizations to implement
lessons learned from the breaches. This does not always
occur. Recently data breaches have used similar techniques
that were disclosed in the media. For example, memory
skimming  was used in the Target data breach to capture
information in the chain's point of sale terminals. Target
was not the first company to suffer from this attack method;
other companies that have been victimized by the same
malware are reported to include Home Depot and three
parking services.

  The  biggest question is whether this information
  sharing proposal will contribute to the stated purpose,
  namely to better protect information systems and
  more  effectively respond to cybersecurity incidents.
  -Richard  Bejtlich, Chief Security Strategist at FireEye


More  generally point of sale terminals have reportedly been
compromised  in various ways at the Mandarin Oriental
Hotel Group, Natural Grocers, gas station pumps, White
Lodging Services (twice), ATMs, Chick-fil-A, Staples,
Bebe, Michaels, and Kmart to list a few.

Efficiency Considerations. A lack of information sharing
can lead organizations to duplicate each others' work.
Sharing information could, in theory, lead to more security
at less cost.

Perceived Legal Barriers. Firms and industry groups have
cited concerns over violating privacy and antitrust laws as a
reason that they are reluctant to share information. In an
attempt to assuage such fears, the Department of Justice and
the Federal Trade Commission have issued a joint statement
that properly designed sharing [is] not likely to raise
antitrust concerns.

Some  firms might be concerned about liability for sharing
information that includes innocent third parties.

Technical Barriers. One issue in sharing information is the
technical abilities of those receiving the information to use
it. For example, the suggestion to update and run an
antivirus program is unlikely to present much of a
technical challenge, but check all servers to verify that the
default administrator account has been deleted and that each
server has a unique password requires more technical
skills and probably more effort.


www.crs.gov    7-5700

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