Big Texas Showdown – Cybertheft Victim vs. Their Bank
Hilary Machinery, a customer of Lubbock, Texas’ PlainsCapital bank was sued by their bank and is now counter-suing. Comical as it may seem, it is happening today.
Case 1 – Bank vs. Customer:
In November of last year, individuals from Romania and Italy initiated over $800,000 in wire transfers from Hilary’s accounts with PlainsCapital using valid credentials. Although PlainsCapital was able to recoup approximately $600,000 of that money, the remaining $200,000 was a loss. The initial legal motion was the bank approaching the U.S. District Court for the Eastern District of Texas asking them to certify their security measures, claiming that their security measures were “commercially reasonable.” This was a move to absolve themselves of situation and the obligation to pay Hilary the remaining $200,000. These “commercially reasonable” security measures involved linking the customer account to an IP address. The bank has internal documents which show how an attacker circumvented this measure and used a different IP address – a foreign one.
For some time now the concept of using multi-factor authentication or stronger authentication methods for internet banking has been thrown around. From what I’ve seen, banks and credit unions are slow to adopt these technologies and won’t do it for some time. Why is that? Well:
- It has a sizable cost associated with it.
- It is complex to implement for the institution’s staff.
- It is complex to implement for the consumer.
- There is nothing really forcing them to do it.
It is a sad state of affairs, but maybe one for consideration. Yes, I’m looking at you FFIEC and additional regulatory bodies — when was the Information Security Handbook last revised? When was the last time that you came in and determined that PlainsCapital was secure enough? Maybe those work papers can be used as evidence in this case! If it is found that the security measures in place at PlainsCapital were insufficient yet compliant with your standards, where does that leave you?
Community banks – When was the last time that you did overseas business? Seriously? Have you considered blocking foreign IP addresses? Hulu does it. I can’t watch the BBC shows I want from the US. Why can’t you limit your transactions by geo-location? You have a firewall (or perhaps only an edge router), apply some ACLs. If you need help or want to automate it, ask me.
Specific to PlainsCapital and potentially anyone else who had a penetration test done in the past and did nothing about the findings – if you have evidence that your security measures can be circumvented, they are insufficient. End of story. Hear that, U.S. District Court for the Eastern District of Texas? Case #1 closed.
Case 2 – Customer vs. Bank:
In response to Case #1, Hilary is suing the bank for the $200,000 lost plus legal costs claiming that the security measures in place at the bank are insufficient.
To the “victim” – yes, I commiserate more with your loss here than I do the bank’s in case #1. That being said, perhaps this is not the time to be throwing stones from your glass house. The credentials for that online banking account were compromised somehow – until you find out how and have evidence, a lawsuit might not be your best option. Furthermore, when was the last time your security measures were tested? Case #2 looks like it might be a draw to me.
[via HackInTheBox, ComputerWorld, KrebsOnSecurity, Forbes, FoxNews ]
