Cyber Law Watch

Insight on how cyber risk is being mitigated and managed across the globe.

1
Interlopers in Things? IoT devices may be used as backdoors to your network
2
Uniformity of Law: NSW Government opens consultation to consider making Data Breach Reporting mandatory in respect of State Government Agencies
3
Sorry Sir, Our Data Breach Response Plan is Out of Stock
4
Trending: Security as a service
5
You can be anonymised, but you can’t hide
6
A Different Immune System: TGA provides Insight into Cyber Security for Medical Devices
7
Who have you been giving your name and number to? A cautionary tale
8
Facing up to privacy risks
9
The battle against phishing
10
Not just for jilted ex-lovers: The criminalisation of the non-consensual distribution of intimate images in WA

Interlopers in Things? IoT devices may be used as backdoors to your network

By Cameron Abbott and Karla Hodgson

This month Microsoft reported that its Threat Intelligence Center discovered that IoT (internet of things) devices – a VOIP phone, a printer and a video decoder – were used to gain access to corporate networks in April.

Microsoft have identified Strontium – also known as Fancy Bear or APT28 – as the culprit, a hacker group associated with the Russian government who appear to be targeting government, IT, military and defence, engineering, medical and education sectors. Strontium has been linked to the hacking of Hillary Clinton’s presidential election campaign and of the email accounts of researchers investigating the missile strike on MH17 and the Skripal poisonings. In the last 12 months alone Microsoft has delivered almost 1,400 notifications to those targeted or compromised by Strontium.

Read More

Uniformity of Law: NSW Government opens consultation to consider making Data Breach Reporting mandatory in respect of State Government Agencies

By Cameron Abbott, Warwick Anderson and Max Evans

We have blogged numerous times on the notifiable data breach scheme provided for in Part IIIC of Privacy Act 1988 (Cth) including more recently in relation to its success in assisting the preparedness of the health sector to report and respond to data breaches.

Whilst the NSW Information Privacy Commissioner recommends that public sector agencies notify it and affected individuals where a data breach creates a risk of serious harm, neither NSW privacy laws nor the notifiable data breach scheme require public sector agencies in NSW to provide such notification. There are many reasons for state government agencies to mandatorily report data breaches. Informing citizens when privacy breaches occur provides an opportunity for individual protection against potentially adverse consequences, whilst mandatory data breach reporting would address the current under-reporting of data breaches in NSW, which according to the consultation may be the norm.

Read More

Sorry Sir, Our Data Breach Response Plan is Out of Stock

By Cameron Abbott, Michelle Aggromito and Max Evans

We are living in an era of online shopping, where consumers are more willing to hand over personal information for goods and services, and are less suspicious of whom they are divulging their personal information to. As a result, online businesses are in possession of a vast amount of their customers’ personal information. The recent hack of Sneaker Platform Stock-X reminds us yet again of the importance of businesses maintaining comprehensive and up to date security processes, and in particular, the necessity of having an adequate data breach response plan in place.

Stock-X, a platform for the re-sale of sneakers and apparel, was recently hacked, exposing over six million users’ personal data, including their real name, username, password, shoe size and trading currency. According to a Report by TechCrunch, Stock-X’s initial response was to reset customer passwords, stating that it was due to system updates. A spokesperson for Stock-X later disclosed to TechCruch that Stock-X was alerted to “suspicious activity”. TechCrunch reports; however, an unnamed data breach seller had contacted it claiming more than 6.8 million records were stolen from Stock-X in May, and that the records had been put up for sale and sold on the dark web for $300.

Read More

Trending: Security as a service

By Cameron Abbott and Karla Hodgson

Remember the time when you first heard about cloud computing and it took you a few moments of quiet contemplation before you wrapped your head around the concept of computing being situated “up there”?  Of course today we aren’t surprised to learn that over 80% of enterprise workloads will be in the cloud by next year and that a new wave of cloud-based security as a service (SECaaS) solutions are rolling in to address the forecasted USD $5.2 trillion per year in cybercrime damage that is expected to impact within the next 5 years.

Based on the software as a service (SaaS) model, SECaaS is a cloud-based managed security service that removes the need for businesses to buy and continually upgrade on-premises hardware and software and keep staff upskilled in the ever-shifting world of cybersecurity risk and protection.

Read More

You can be anonymised, but you can’t hide

By Cameron Abbott, Michelle Aggromito and Karla Hodgson

If you think there is safety in numbers when it comes to the privacy of your personal information, think again. A recent study in Nature Communications found that, given a large enough dataset, anonymised personal information is only an algorithm away from being re-identified.

Anonymised data refers to data that has been stripped of any identifiable information, such as a name or email address. Under many privacy laws, anonymising data allows organisations and public bodies to use and share information without infringing an individual’s privacy, or having to obtain necessary authorisations or consents to do so.

But what happens when that anonymised data is combined with other data sets?

Read More

A Different Immune System: TGA provides Insight into Cyber Security for Medical Devices

By Cameron Abbott, Michelle Aggromito and Max Evans

The Australian Therapeutic Goods Administration (TGA) has published its guidance framework dealing with medical device cyber security for manufacturers and sponsors of medical devices, as well as for consumers, health professionals and other users. This is driven by a number of challenges that regulators face to protect users against cyber security risks, including the alteration of device function, loss to privacy and the alteration of personal health data.

The crux of the framework is based on the TGA view that knowledge is power, in that patients using connected medical devices should be informed about the potential cyber security risks those devices have, and take proactive measures to protect their devices and networks.

Read More

Who have you been giving your name and number to? A cautionary tale

By Cameron Abbott and Allison Wallace

Have you inadvertently given the owners of global, searchable databases of phone numbers and associated names access to your entire contact list?

We suspect that you cannot confidently answer “no”.

In yet another tale of why you should read the terms of use and service of apps and other online products you download or sign-up to use, we’ve recently been exposed to the shock of having your name appear on a complete stranger’s phone, after they’re given your number (but not your name) to call you. We asked the question of how this could happen – and found the answer to be quite alarming.

The Samsung Smart Call function, which is powered by Hiya, boasts that it allows you to “deal with spam the easy way”, by letting you know who is calling you, even if their number is not saved in your contact list. In theory, this is a handy tool, and in the context of robocalls or other unsolicited marketing calls, doesn’t create any privacy issues. But when the database which powers the function contains the names and numbers of (we suspect) millions of private citizens, this becomes quite concerning.

So, how do private numbers (and the names of their associated users) come to be listed in databases such as Hiya? Well, for one, anyone who downloads the Hiya app is given the option to share their contacts. If they do, and your number is saved to their phone, your details will become part of the database. We have no doubt that many who download and use the Hiya app didn’t realise what they were signing up for (or what they were signing up their entire contact list for) – because they didn’t read the terms of use. This also begs the question – are companies like Hiya properly satisfying their privacy obligations merely by asking users to “opt in” to share their contacts?

Hiya is of course not the only “caller ID” app on the market – a quick search of the Apple App store reveals numerous other options for download – including Truecaller, Caller-ID, Sync.ME and CallHelp. In 2018, Hiya reached 50 million active users worldwide, while Truecaller’s website says it has over 130 million daily active users. Those figures of course would barely scrape the surface of the number of names and phone numbers held in their collective databases.

In case you’re wondering how much damage could really be done by a third party having access to your name and phone number – think about all of the things your number is linked to. Your Facebook, your Gmail, maybe even your bank account and credit cards. Information is power – and this is the kind of information that could easily allow hackers to wreak a reasonable amount of havoc. So before you sign-up to a new app, take the time to read the terms of service, because your use could not only be exposing your personal information, but that of your entire contact list.

Facing up to privacy risks

By Cameron Abbott and Karla Hodgson

Images of dramatically aged friends and family members have been flooding social media feeds over the last week, courtesy of FaceApp, an app that uses AI to digitally age a user’s photo. While many have been asking themselves “why would I make myself look older?” others have been discussing the risks of allowing an app to access and store personal data.

The app’s privacy policy allows FaceApp to retrieve information such as IP addresses and location data from users, in addition to the photo the user has selected for editing. When users agree to FaceApp’s terms of service, they agree to grant FaceApp a perpetual and irrevocable licence to use this data, including their name and likeness, which can be used for any purposes, including commercial purposes.

Read More

The battle against phishing

By Cameron Abbott, Michelle Aggromito and Jacqueline Patishman

All over the world, organisations and individuals battle phishing. Even in systems with a high degree of security, phishing is still a risk and human failures to spot and deal with phishing can cause the best of security policies and procedures to become undone.

To fight phishing at the source, the UK’s National Cyber Security Centre (NCSC) recently achieved some success in this space through its use of email verification technology to fight phishing attacks. This technology, called ‘Synthetic DMARC’, works by assigning a DMARC record for all domains attempting to pass-off as gov.uk domains, by analysing and vetting non-existing subdomains against DNS records and building on authentication systems of the past.

Read More

Not just for jilted ex-lovers: The criminalisation of the non-consensual distribution of intimate images in WA

By Cathryn Palfrey and Esther Power

This week marked the conclusion of the first prosecution under the Criminal Law Amendment (Intimate Images) Act 2018 (WA). Mitchell Joseph Brindley, 24 years old, pleaded guilty to posting ten intimate images of the woman he dated. The images were taken with the woman’s consent whilst they were in a relationship. When it ended, Mr Brindley created fake Instagram accounts under her name and posted the images without her consent.

Non-consensual intimate image dissemination is colloquially known as ‘revenge porn’. A study in 2017 found that 20% of Australians between the ages of 16-49 years had a picture or video of themselves shared without their consent.

A global movement has emerged to counter the surge of ‘revenge porn’.

Read More

Copyright © 2024, K&L Gates LLP. All Rights Reserved.