Mitigating Identity Theft

excerpted from Bruce Schneir's CryptoGram

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Bruce Schneir is an important figure in the field of computer and systems security.

Mitigating Identity Theft

Unfortunately, the solutions being proposed in Congress won't help. To see why, we need to start with the basics. The very term "identity theft" is an oxymoron. Identity is not a possession that can be acquired or lost; it's not a thing at all. Someone's identity is the one thing about a person that cannot be stolen.

The real crime here is fraud; more specifically, impersonation leading to fraud. Impersonation is an ancient crime, but the rise of information-based credentials gives it a modern spin ...

The crime involves two very separate issues. The first is the privacy of personal data. Personal privacy is important for many reasons, one of which is impersonation and fraud ...

The second issue is the ease with which a criminal can use personal data to commit fraud. It doesn't take much personal information to apply for a credit card in someone else's name. It doesn't take much to submit fraudulent bank transactions in someone else's name. It's surprisingly easy to get an identification card in someone else's name. Our current culture, where identity is verified simply and sloppily, makes it easier for a criminal to impersonate his victim.

Proposed fixes tend to concentrate on the first issue -- making personal data harder to steal -- whereas the real problem is the second. If we're ever going to manage the risks and effects of electronic impersonation, we must concentrate on preventing and detecting fraudulent transactions.

Fraudulent transactions have nothing to do with the legitimate account holders. Criminals impersonate legitimate users to financial institutions. That means that any solution can't involve the account holders. That leaves only one reasonable answer: financial institutions need to be liable for fraudulent transactions. They need to be liable for sending erroneous information to credit bureaus based on fraudulent transactions.

They can't claim that the user must keep his password secure or his machine virus free. They can't require the user to monitor his accounts for fraudulent activity, or his credit reports for fraudulently obtained credit cards. Those aren't reasonable requirements for most users. The bank must be made responsible, regardless of what the user does.

If you think this won't work, look at credit cards. Credit card companies are liable for all but the first $50 of fraudulent transactions. They're not hurting for business; and they're not drowning in fraud, either. They've developed and fielded an array of security technologies designed to detect and prevent fraudulent transactions. They've pushed most of the actual costs onto the merchants. And almost no security centers around trying to authenticate the cardholder ...

That's an important lesson. Identity theft solutions focus much too much on authenticating the person ... once you understand that the problem is fraudulent transactions, you quickly realize that authenticating the person isn't the way to proceed.

Again, think about credit cards. Store clerks barely verify signatures when people use cards. People can use credit cards to buy things by mail, phone, or Internet, where no one verifies the signature or even that you have possession of the card. Even worse, no credit card company mandates secure storage requirements for credit cards. They don't demand that cardholders secure their wallets in any particular way. Credit card companies simply don't worry about verifying the cardholder or putting requirements on what he does. They concentrate on verifying the transaction.

This same sort of thinking needs to be applied to other areas where criminals use impersonation to commit fraud. I don't know what the final solutions will look like, but I do know that once financial institutions are liable for losses due to these types of fraud, they will find solutions ...

Right now, the economic incentives result in financial institutions that are so eager to allow transactions -- new credit cards, cash transfers, whatever -- that they're not paying enough attention to fraudulent transactions. They've pushed the costs for fraud onto the merchants. But if they're liable for losses and damages to legitimate users, they'll pay more attention. And they'll mitigate the risks. Security can do all sorts of things, once the economic incentives to apply them are there ...

Doing anything less simply won't work.

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Dave Garland
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