Keeping Offices Safe

Clerk Yarbrough sits down with Lee Neubecker, President & CEO of Enigma Forensics to discuss the current state of affairs. Clerk Yarbrough assures everyone voting on Tuesday, March 17 voters will be met with a clean and safe environment. Come and Vote and March 17!

Cook County Clerk Karen Yarbrough Gives Safe Voting Practices

Cook County Clerk Karen Yarbrough would like voters to know her staff is taking every precaution to make all voting stations a safe and clean environment. On top of her list, everyone should wash your hands! She says all voting staff will continuously wipe down all surfaces and are trained to keep the stations clean. Clerk Yarbrough urges everyone to remember the rules your mother gave you!…Wash your hands, sneeze into your sleeve and if you have a fever stay home from work, don’t go out and stay in and take care of yourself. Clerk Yarbrough sits down with Lee Neubecker, President & CEO of Enigma Forensics to discuss the current state of affairs.

Check out this video interview to find out what precautionary steps the Clerk’s department has taken to make sure each voting office stays safe.

Election Day is on Tuesday, March 17

Clerk Yarbrough says Keep Calm, We are on the Job!

Lee Neubecker: Hi, this is Lee Neubecker, president of Enigma Forensics, computer forensics firm based here in Cook County in Chicago. And I had the pleasure of having our very own Cook County Clerk, Karen Yarbrough, here on the show to talk a little bit about what her office is doing to help keep people safe, in light of the recent corona outbreak. Karen, thanks for being on the show.

Clerk Karen Yarbrough: Thank you, Lee. Well, you know, this is a really busy time for us and we have a number of, we have our regular employees and then we have a lot of people, almost 8,000 people, who will be involved in the election on the 17th. So we want everyone to be safe. So in the office, what we’re doing is, first of all, we’re educating people. Now, some of this stuff is just common sense. I mean, people should know to wash their hands. They absolutely should know that. They also should know that if you have to sneeze, you don’t sneeze out like that, you go like this, okay? I mean, didn’t your mom teach you that? I mean, mine did, so. So the education or bringing it back to people on how we can keep safe. So our people have, they have obviously Purell. They have the gloves if they want to wear them. They also have, they clean their work stations. So we have everything that they need and we have a big influx of people for several reasons and especially in vitals and in elections and so we want everyone to be safe.

LN: So with the election fast approaching, I know that previously you were on the show to talk about early voting, in trying to get people to pull a ballot so that they could vote from home. It’s too late for that now, but what would you advise that people should do as they’re heading to the polls?

CY: Well, hopefully they’ll have a card or some information on who they want to vote for. They’re going to find our brand new voting machines there and it’ll probably take them all of two or three minutes to vote this time. So the ease of voting, they’re going to find friendly faces there and people who are willing to help them. We have the touchscreens and we also have paper ballots if people want to use ’em. But we’re encouraging people to use the touchscreen. If you want to use your finger, then you can wipe your finger off with, and we have everything there. I mean, absolutely.

LN: Like Purell?

CY: Absolutely, we have everything there. They could use a pen to do this, you know. They could use their, bring their own pen if they want to fill out a paper ballot. So, you know, again we’re telling people use some common sense here as it relates to, you know, today and all through the last few days, what I’ve been doing is going to the early voting polling places and so I’ve met all of the judges and I see the way that they’re greeting people. They’re not shaking hands, they’re doing fist bumps or arm bumps. Yeah, like that or whatever, but they are not shaking hands. So, you know, as I’ve looked, and we’ve been looking at, watching what’s coming out of Washington, what’s coming out–

LN: Even here in Chicago

CY: Absolutely.

LN: Yesterday we had the Prudential building had their first case.

CY: Yeah, how about that? How about that? But you know what? For the most part, 80% of the people who contract it in the first place, they’re going to be fine. Children are going to be fine. It’s people who have compromised systems that have the problems. And older people. I get all of that, but people can be safe and they can be competent, use common sense and be safe.

LN: Yeah, like not jumping on an airline when you know you’ve tested positive. I don’t think you should do that if you have Corona Virus.

CY: Don’t come to work sick. We’re sending people home. Anybody’s around there sniffling or what have you or they don’t feel well, if they have a fever. If you got a fever, you ought to be at home. You shouldn’t be with us.

LN: And just because you have a fever, you shouldn’t be flipping out thinking you have Corona Virus.

CY: Not at all, not at all.

LN: They say that you need to have three specific symptoms combined to worry about it. You need body aches, fever, plus respiratory problems. So if you don’t have all of three of those, don’t bug your doctor. The doctors are under control.

CY: Don’t panic.

LN: Unless you, if you have a fever that runs awhile, call but don’t. Then you should assume that you have Corona Virus.

CY: I’m hoping that we get some better information out of Washington, though. There have been mixed messages there, so let’s hope that we can get better information out of Washington as well as what we need. I noticed that out governor was pretty frustrated about his inner workings with the federal government on what we need in Illinois. So let’s hope that they get that together.

LN: Yeah, absolutely. Well, thanks for being on the show again.

CY: Thank you.

Watch related videos to this series with Cook County Clerk Karen Yarbrough

Other Related Videos

Voting Tips with Clerk Yarbrough

Cook County elections are on Tuesday, March 17. Cook County Clerk Karen Yarbrough assures everyone voting will be efficient and safe Check out these voting tips!

Every Vote Counts

Cook County Clerk Karen Yarbrough says tip number one – be prepared! Tip number two-do your homework on the candidates before you come in and vote. Lastly, it’s ok to bring your notes with you. She ensures that every precaution will be taken to make sure everyone is safe!

Clerk Yarbrough is excited to report, Cook County has all new voting machines that will streamline the voting process. She adds if you would prefer to use the old paper ballot they will have those available too. In addition, the new barcode system will accurately tally and record of voters ballot, which will make counting votes extremely efficient. After the election, Clerk Yarbrough says the office will do a full audit and confirm that every vote is counted She assures everyone voting will be safe and there will be plenty of antiseptic and gloves available! Watch this video as Lee Neubecker interviews Cook County Clerk Karen Yarbrough and asks about voter tips.

Tuesday, March 17 Vote for your Candidate!

The Video Transcripts Follows

Lee Neubecker: Hi, it’s Lee Neubecker, President of Enigma Forensics. I’m a cyber-security and computer forensic expert witness, and our firm’s based here in Chicago within Cook County, Illinois. And I have the pleasure of having our very own Cook County Clerk, Karen Yarbrough, appearing on the show today to talk to all of you about what you should know, what you should do, as you head out to vote in the next few days. Karen, thanks for being on the show and thanks for sharing these tips.

Clerk Yarbrough: Well, thank you Lee. Thank you for the opportunity. We wanted to be able to tell people what they can expect when they come to vote. For people who come to vote each and every time, they usually know. They, you need to be prepared, and one way you can prepare is by having your own notes on who you want to vote for. We have brand new machines this time, and those machines, it’s going to be a whiz. Everybody has told me they love the new machines. For those who are uncomfortable with using touch screens, we’re going to have the regular paper ballots. But, if you’re prepared to vote, it should take you a few minutes to just go straight through that ballot. And, you know, usually people have problems with all of the judges, do your homework before you come in.

LN: Well, it certainly will help speed up the lines and reduce congestion.

CY: Certainly, certainly.

LN: Also wearing gloves, if you’re really concerned, there’s nothing that prevents you from wearing gloves to vote.

CY: Not at all, we’ve seen a few. You can wear glasses. We’ve seen a few people with gloves on. We’ve seen a few people having their own pens because they plan to pull a, you know they want a paper ballot. So we’re going to, you know, bring your own pen if you’d like. We’re going to, at every station, we’re going to have the bacterial .

LN: The Purell?

CY: Yes, we’re going to have that. We wipe down the stations after each.

LN: You must have got yours early.

CY: Yes we did, yes we did.

LN: You were prepared.

CY: Yes, we wanted to be prepared. We wanted to be prepared. We were hearing about what was going on, and we know that we have one day to do the election actually. We have all of these days for early voting, but we have that one day and we got to get it right.

LN: Now, I’ve heard that there were some concerns regarding the barcode on some of the ballots that gets printed that that could be.

CY: I have no concerns about that, okay. The great thing about our new equipment is while you’ll put your ballot through and the barcode is there, but we have a record of each and every one of those ballots. If we have to go back, and we do, we go back and we review to make sure things are right.

LN: So, on paper it’s doing more than just the QR code. It also has the friendly names printed out.

CY: Yes

LN: Is that correct?

CY: Oh absolutely, yes.

LN: So the concerns that some people had were that, I think the concern was that the barcode could be different from what’s printed. But if that were the case, you’d be able to audit that after the fact.

CY: And we do a full-blown audit at the end of every election just to make sure.

LN: So someone voting, they’ll be able to actually see the print out on paper.

CY: They will be able to have that in their hands. They’ll be able to check their choices and then they will cast their own ballot, not us but them.

LN: And so it gets scanned and digitized, but then the physical ballot gets locked in the box, correct?

CY: Yes.

LN: So, there’s a dual system.

CY: Absolutely.

LN: I think that makes a lot of sense.

CY: It does, it does. And it gives people peace of mind. You hear all of these stories about well, my vote may not count, and this. I mean, all kinds of things. So to prevent those kinds of things, we have new equipment, and we have a new process, and I think people are going to like it.

LN: Great, well everyone get out there and vote. And, thanks Karen for all your work on this to help make sure election day goes smooth.

LN: Thanks.

CY: Thank you.

Cook County Clerk.com

https://www.cookcountyclerk.com/agency/2020-elections

Other related articles

Access to Justice with Jacob Meister

Jacob Meister vows to help those who don’t have access to electronic court communication to enable them to help themselves. He is running for Cook County Clerk of Circuit Court. Access to Justice is what Jacob Meiser stands for!

Election Day March 17

Cook County Clerk of Circuit Court Candidate Jacob Meister vows to bring access to justice. He’s concerned for those who aren’t represented by a lawyer in the system, who don’t have access to electronically file in the court system, who can’t afford internet access, or they simply don’t have a computer or most of all they don’t know how the electronic filing system works. These are folks without financial means and denied access to justice. Jacob Meister has a plan that will ensure everyone has access to justice.

Cook County Clerk of Circuit Court Candidate Jacob Meister, the real deal! Lee Neubecker interviews Jacob Meister to learn more about what makes him tick. Check out this video to learn more. You’ll be glad you did!

Meister says…Access to Justice to those who can’t afford it!

Part 4 of our 4-Part Series on Cook County Clerk of Circuit Court Jacob Meister

The video transcripts of Access to Jacob Meister follows

Lee Neubecker: Hi, I have Jacob Meister back on my show. Jacob, thanks for coming in again.

Jacob Meister: Thank you, Lee.

LN: So Jacob’s running for Cook County Clerk of the Court, which is one of the largest court systems in the U.S. One of the things that you talked about before is bringing about justice and access to resources necessary. What would you do to help those incarcerated have access to the information they need to defend themselves?

JM: Well, you know access to justice is one of the principal themes of my campaign because as Clerk of the Circuit Court, I’d be presiding over the second-largest court system in the country as Chief Operating Officer. And as we’re moving towards, for instance, electronic filing, there are efficiencies that are achieved. But at the same time, for those people who aren’t represented by a lawyer in the system, all of a sudden they find themselves where they used to be able to mail in their court filings, all of a sudden they’re required to file electronically into a system. It’s very bureaucratic and hard to use. So as a result, those individuals, maybe they don’t have internet access, they don’t have a computer, they don’t know how the electronic filing system works. They’re denied this access to justice unless they travel down to a courthouse during business hours, and stand in line for sometimes an hour or two, just to get assistance to file into the system. One of the things that I will do as a clerk is to provide computer filing kiosks in every library in Cook County, so that individuals who are faced with a lawsuit that they have to file a response, can do it on evenings and weekends, they don’t have to take time off of work. They can go down, and we’re going to be training reference librarians who understand the electronic filing system, and will be able to provide assistance, showing individuals how they can upload into the system so that people can file and access 24/7.

LN: So you’ll be partnering with other governments that are there, the City of Chicago, other municipalities, to actually train their staff, so that if someone doesn’t know, they’ll have the convenience of going to their local library, instead of having to take off work to come downtown.

JM: Correct, correct. And we’ve got hundreds of libraries in this county. And they’re all potential points of access to our justice system. And as we move to an electronic system, we can increase the number of points of access, and start allowing people in their own neighborhoods to access justice. And that’s really important.

LN: What about those incarcerated that are in the Cook County jail, and what not, is there access to resources there presently?

JM: Absolutely, well absolutely. You know, one of the big problems we have is that the Illinois Department of Corrections has around 600 prisoner appeals pending in Cook County alone, where prisoners appeal their convictions. Maybe they’re trying to overturn the conviction or change the sentence. And right now, records access is so limited that some of those prisoner’s appeals have been pending for more than a year without the clerk’s office being able to get the record to the appellate court, and the appellate court can’t do anything without a record. That is a travesty. So accessing justice is important. I want to have a robust case management system so that those records are accessible, and can be assembled, and that we’re keeping complete files electronically so that they can be transmitted up to the appellate court, and won’t be getting lost.

LN: Great. Thanks for being on the show, this is really helpful.

JM: Well thank you for having me, Lee.

Watch the whole series on Jacob Meister

Part 3 of our 4-Part Series on Jacob Meister
Part 2 on our 4-Part Series on Jacob Meister
Part 1 of our 4-Part Series on Jacob Meister

To Learn More about Jacob Meister

http://jacobforclerk.com/

Cook County Clerk of Circuit Court New Website

http://www.cookcountyclerkofcourt.org/NewWebsite

Cook County Clerk information on Voting

https://www.cookcountyclerk.com/service/view-all-candidates

Cloud Cyber Risk

Cloud-based storage of an organization’s data attracts cyber hackers like bees to honey. Hackers take time to study and find flaws to breach, extract and sell personal information data. Data Experts Lee Neubecker and John Blair discuss cloud data compliance and legal regulations put in place to protect cloud-based data.

Compliance and Privacy Laws

Cloud cyber risk goes hand in hand when storing data on the Cloud. New compliance and privacy laws have been enacted to protect this cloud-based private information. The State of Illinois has passed a privacy law that specifically addresses how companies gather and store private data.

The Illinois Policy Group, an independent organization that generates public policy, explained that in 2008, Illinois enacted the BIPA, the most stringent law of any state regarding the consent, notice and disclosure procedures private entities must follow when collecting, storing or using people’s biometric information, such as fingerprints, iris scans and face prints. This law forces companies into compliance and makes them more responsible for the collection and storage of private data ultimately, decreasing exposure to cyber risk.

Data Experts Lee Neubecker and John Blair say because of BIPA companies are now more aware of how they secure and store data. They discuss other data compliance and privacy laws such as; California Consumer Privacy Act (CCPA) and Health Insurance Portability and Accountability Act (HIPAA) and how these laws help regulate the healthcare industry and other organizations when storing consumer data, and vendor data in the cloud ultimately protecting the consumer. Watch this video interview to learn more.

View Part 2 of our 3-Part Series on Cloud Data

Part 2 of our 3-Part Series on Cloud Data

Lee Neubecker: Hi I am back again with John Blair. We’re continuing our discussion on cloud security and helping to minimize your cyber risk of having data in the cloud. And today, we’re going to be talking more about some of the compliance and regulatory issues and legal issues that companies face that are having their data and customer data, vendor data in the cloud. So, John, can you tell me a little bit about some of the regulations that impact the healthcare sector specifically?


John Blair: Yeah, the primary one is going to be HIPAA and associated as subsequent acts like HITECH and things like that that augment HIPAA and some of them more clearly defined some of the rules and regulations, primarily Security Rule and Privacy Rule. So those are going to be the ones that primarily come into play, but there are also individual state versions of healthcare acts that you need to abide by and each state has one so you also need to abide by the state regulations as well.

LN: Interesting. So it really, if a company’s operating in multiple states, they have a lot of issues to be looking at.

JB: They have a lot of regulations to be aware of and to be compliant with, yep.

LN: So I know here in Illinois, we have the Illinois Biometric Information Protection Act, otherwise known as BIPA and that’s been creating a lot of stir with Facebook recently had a settlement.

JB: Yep.

LN: And apparently Illinois Residents that have Facebook accounts might be entitled to around $200 per person.

JB: Yep.

LN: If you are in Illinois and have Facebook, so possibly you will be notified.

JB: Yeah, Illinois is the only one.

LN: And do you think it will be through Facebook Messenger?

JB: I do not but Illinois because of that law, Illinois residents are the only ones that are getting anything out of that lawsuit because of that, specifically because of that law.

LN: Got it.

JB: So I don’t know the details of the law but on the surface, it seems to be headed the right direction.

LN: Right, essentially they took the position that your biometric information, unlike your cell phone or your social security number, you can’t change it.

JB: Right.

LN: So if that data becomes compromised such as your facial vector map,

JB: Yeah.

LN: Or your fingerprint or your DNA, that you can’t swap it, it’s part of who you are.

JB: Right and those, you know, we’re finally headed in the right direction where it’s being considered personal.

LN: Yeah.

JB: So which I totally agree with.

LN: We also had just last month the California Consumer Privacy Act, known as CCPA went into effect and that’s got a huge impact on anyone who does business with California residents.

JB: Yeah, that is yet to, I think people were preparing for that prior to that but it’s going forward, I’m sure there’s going to be a lot of repercussions from that because there’s going to be obviously companies and entities that don’t prepare well for that and are going to get caught up in it because it covers, California is a huge state, a lot of people so there’s going to be some lawsuits.

LN: So it’s also been such that if you’re making medical devices for consumers and you have that information, relaying over 3G, 4G networks, we’ve got CPAP machines, pacemakers, all other types Of information. LN: All kinds of monitors

JB: Yep.

LN: And that information going to the cloud, if you’re a California resident and that information gets breached, it could be used by marketers or it could be used In other ways to target people.

JB: Yeah hospitals are going to need to really step up their game with respect to that particular regulation. Hospitals traditionally are a little bit behind technically speaking from an IT point of view, they’re very much on the bleeding edge from a medical device IT point of view but they tend to lag behind because you can’t, it’s hard to afford both

LN: Yeah.

JB: But this is going to, you know, how they allow individuals or access to their networks, what they allow in and what they allow out because that’s the channel these medical devices use is going to be very, very important that they get more control over those things.

LN: So as it relates to healthcare, what are some of the concerns about when a data incident is discovered to actually turn out to be a data breach, what types of reporting and notification requirements are unique to the healthcare sector?

JB: Well, first and foremost, you need to evaluate the situation and then have in conjunction with your legal team and compliance teams, establish whether or not you do officially declare it a breach which means you need to investigate it, you need to involve any vendors that were involved with that data because it may have been the vendor that you’ve contracted with that actually had the breach of the disclosure and not you but since they’re your vendor, you’re also on the hook and that flows all the way up from business associates, which is what those two entities will be up to the covered entity who actually owns the data. So after a thorough investigation and consultation with legal and compliance, a determination needs to be made whether or not you’ve formally declared a breach. And if so, then there’s all kinds of HIPAA standards that come into play about notification to the government, notification to each individual affected by the breach, what needs to take place with respect to that notification, there’s a timeline involved that needs to be met. So there’s all declaring it a breach is a very formal and arduous task.

LN: Yeah, not a pleasant one.

JB: No.

LN: In our next segment on securing data in the cloud, we’re going to be talking more about when a breach is discovered, some of the issues related to reporting the breach and what that can mean to an entity, especially if it’s not handled correctly. So thanks for being on the show again.

JB: Thanks, Lee.

View Part 1 of our 3-Part series on Data Cloud Storage

BIPPA Laws

To learn more about HIPAA

https://www.hhs.gov/hipaa/index.html

Illinois BIPPA policy

https://www.illinoispolicy.org/

Coronavirus: The Global Impact

Coronavirus is here and leaving death and destruction in its path. Lee Neubecker and Geary Sikich uncover the Coronavirus and its global impact on businesses worldwide and what it means for us here at home in Chicago.

Coronavirus is here and globally impacting our world. Human beings are dying and the toll keeps rising more and more each day. That is the horrible truth of disease! Besides causing human pain and suffering the Coronavirus is also causing disruption and impacting many businesses that are dependant on each other. What does the impact look like? Forensic Expert Lee Neubecker and President of Logical Management Systems Geary Sikich dissect Coronavirus and the huge global rippling impact. For example; Chicago recently canceled the Housewares Show at McCormick Place which typically draws over 60,000 attendees. Everything associated with that conference will feel a significant downturn. ie. hotels, travel, transportation, local food, and beverage. As a result of this global business disruption, there will also be an increase of vulnerability and these experts anticipate an increase in cyber activity. Watch this video interview to learn more about other global industries impacted by the Coronavirus.

Part 1 of our 2-Part Series on Coronavirus

Coronavirus Series: Part 1 is about The Global Impact

Lee Neubecker: I’m here today with Geary Sikich. He’s the president of Logical Management Systems, a cyber and business continuity consulting expert. And I’m Lee Neubecker, the president of Enigma Forensics. We’re a computer forensics firm that provides investigative assistance with matters involving litigation or otherwise investigations. Today we’re going to be talking about the Coronavirus and the global impacts. Thanks, Geary, for being on the show.
Geary Sikich: Thanks, Lee, for having me back.

LN: So, Geary, can you tell everyone what’s happening right now globally, as it relates to the business environment in impacted nations?

GS: Well, the current state of affairs is that Asia is in a situation where Coronavirus continues to kind of expand. It’s expanding at a lesser pace in China, but it’s accelerated in places like South Korea and in Japan. And we’re starting to see it, obviously, move from those Asian countries into the Middle East. Iran has a huge issue with Coronavirus. Italy has another big amount of people that are confirmed cases versus cases under observation. So there’s a significant amount of human impact there. On the business side, this has disrupted a lot of businesses in just about every way you can imagine. So, the shipping industry? Tremendous disruption there. Airline industry? Tremendous disruption there. A lot of flight cancellations and other things. We’re seeing now sporting events, conferences, conventions, all kinds of things that are essentially money-makers in the normal sense, but also dependent on a tremendous chain of support to bring off. Suddenly a conference is canceled, and now you have hotels affected, you have transportation systems affected, you have all the food services affected. This kind of rippling through a lot of areas is causing a very very big concern with, not only businesses but governments. How do you control it and what do you do in this situation?

LN: So, here in Chicago, we have the Chicago Housewares Show canceled. Recently many vendors were coming from other nations where there’s a travel ban. And that impact certainly impacts the workers that are at the hotels, The audio workers.

LN: And whatnot, their hours get cut.

GS: Yeah, the interesting part about that is that when you begin to look They had on the news the other day, They had on the news the other day, was talking about the cancellation of this convention. 60,000 people come. And obviously there’s a lot of work that’s done: Setting up booths, displays, and all the other things that go along with it. Suddenly, he’s out of work for a period of time until the next convention comes in or maybe doesn’t come in. But that ripples through to hotels, food services, restaurants, your taxi cabs, your Ubers, your Lyft, your everything associated with coming to a place for a conference or a convention. So a huge impact. But then you also have So huge impact.

LN: But then you also have and these deliveries are now delayed because of the dockworkers that load up the equipment

GS: Systems.

LN: And these deliveries are now delayed where they have restrictions in place.

GS: And an interesting sidelight to that is that you look at the shipping industry and the amount of material that’s shipped by the containers those ships carry are what they call 20,000 TEU which is a 22-foot equivalent unit. Or 20-foot equivalent unit. Anyway, it’s a size that they have. If you look at that aspect, one of the things that some companies are starting to encounter, and I think you’re going to see more and more of this, is that because of delays in shipping, suddenly the container supply is not as available because your container, Lee, that you shipped, full of your product is sitting out in the ocean waiting to dock at my port, but it can’t come in because it’s quarantined? And now that container is going to sit. But John’s company needs a container to ship his product. Can’t get it because your container’s the one he would’ve normally gotten. So huge impacts in terms of ripple effects in a lot of it. So the average time that the container holds goods, in terms of the number of days is increased markedly. And the existence of the containers largely

LN: So the average time that the container holds goods, so there’s a shortage. Right. And if you think about this in another context, the number of things in the containers, it’s not just computer chips,

GS: Right. Roughly, and I heard a figure that was kind of astounding to me, but about 80% of all the containers are full of perishable foods.

LN: Oh yeah, certainly.

GS: You’ve got your bananas, and oranges and things that we don’t necessarily get in Chicago in the wintertime ’cause we don’t grow them.

LN: Oh yeah, certainly.

GS: You’ve got your bananas because it’s no longer fresh. I’ve got to decontaminate the container. because we don’t grow them, in terms of how these all are impacted. Which gets us into looking at, from a computer security standpoint. These are tracked. Barcoding systems and whatnot. How easy is it for that to get disrupted because somebody decides it’s an opportunity to hack into a network?

LN: Certainly, when systems are constrained and overworked, it’s the likelihood of a failure or an attack compromising the system goes up. So it creates a real opportunity for a hacker to strike and have a magnified impact, So here in Chicago, we have a lot of companies that are impacted by this. We’ve got Boeing, We’ve got United Airlines. Boeing. Major facilities for companies that, while headquartered elsewhere, operate big hubs out of Chicago. Especially in the airline industry.

GS: United Airlines. still, kind of the shipping center for a lot of the country. And if you look at the Chicago area, if you will, you’ve got then industries in Northwest Indiana, you’ve got industries south of Chicago.

LN: Rail.

GS: A huge amount of rail traffic that goes through. The expressway between Indiana and Chicago, 80, 94, is one of the heaviest traveled expressways in the world. You’ve got a number of other businesses that suddenly have the exposure that they hadn’t realized. A huge amount of rail traffic that goes through. What would happen if you took the casinos in the Chicago area and closed them down for two weeks? It’s not just casino workers. It’s not just the amount of money the casino’s going to lose by not being in operation. It’s the day worker. It’s what we call the gig economy. Those people who live paycheck to paycheck that are dependent. So suddenly, they’re without. How are we going to deal with making sure that there’s a, if you will, an equilibrium or a safety net for those entities? One of the things we’re faced with, starting to see now, the City of Chicago’s just announced they’re just putting together a pandemic taskforce. They’ve had a few months watching it unfold in China. much like the rest of the United States, and, if you will, the rest of the world in some respects. Why has it taken this amount of time, and what do we need to be aware of from a private-sector standpoint as to what the public sector is going to do? So from a planning standpoint, this is critical. If you’re a business and you’re putting together a plan, and your plan suddenly conflicts with the City’s plan or the State’s plan, what happens then? How do you deal with that?

LN: Those are all great points. In our next segment, we’ll be continuing our discussion, and we’ll be talking a little bit more about what it’s been like for businesses that are going through some of these extreme measures that are being put in place to help protect and contain the virus from spreading. Thanks for being on the show.

GS: Thanks, Lee.

Other related articles

City of Chicago’s response

https://www.chicago.gov/city/en/depts/cdph/provdrs/health_protection_and_response/news/2020/march/public-health-officials-announce-new-presumptive-positive-case-o.html

For information about how you can prepare from the Center Disease Control.

https://www.cdc.gov/coronavirus/2019-ncov/community/index.html

End of Windows 7

What are some of the potential problems for an organization trying to secure Windows 7? Cyber Security Experts Lee Neubecker and Atahan Bozdag say it’s analogous to owning a home and not maintaining it, eventually something breaks and it’ll cost you a fortune to fix!

Securing Windows 7 Environments

On January 14, 2020, Microsoft announced support for Windows 7 has ended. As reported by Microsoft, “Technical assistance and software updates from Windows Update that help protect your PC are no longer available for the product. Microsoft strongly recommends that you move to Windows 10 to avoid a situation where you need service or support that is no longer available.” It’s official…it’s the end of Windows 7! We have to end our love affair with Windows 7 and move onto Windows 10. What does that mean for the end-user? Well, if you stay on Windows 7, you will deal with constant security threats, and there will be no more updates or support. If you upgrade it’ll cost you approximately $139 for a home computer, $199 for a small to large business and $309 to upgrade a workstation that needs a faster powerful operating system.

Cyber Security & Computer Forensic Expert Lee Neubecker and “Fellow Forensicator” Atahan Bodzdag break down what impact is imposed on cyber security when computers no longer receive service patch updates or support for Windows 7. They discuss the usage of Windows 7 by the Health Care organizations that are resistant to change or have application that have not been ported to work with Windows 10.

Atahan Bodzdag provides an overview of top three items that all organizations dependent on Windows 7 should be undertaking to maintain cyber security resilience.

Window 7 Security Vulnerabilities

The Video Transcript Follows

Lee Neubecker: Hi, I’m here today with Adahan Bozdag. Thank you for being on the show Adahan.

Atahan Bozdag: Thank you for inviting me, Lee.

LN: Atahan is a fellow forensicator and cybersecurity expert. He works within the healthcare sector and works internally to an organization, doing some of the things I do as an expert witness outside an organization. And today we’re going to be talking about Windows 7, the end of the life cycle of Windows 7, and some of the cybersecurity issues relating to organizations that are in Windows 7 and are trying to prevent future data breaches. So, Adahan, could you tell everyone a little bit about what Microsoft did recently as it relates to Windows 7?

AB: Well, as you said, Windows 7 end of life cycle happened. It’s was January 14, 2020. They stop patching Windows 7 environment, so it is vulnerable to any attack after the date. January 14, 2020.

LN: So then when people report their CVEs, detailing vulnerabilities on Windows 7, eventually they’re up there for the hacker world to see. and to exploit because Microsoft’s not patching that operating system.

AB: Very true. It’s a dream come true for the hackers.

LN: Yeah, well, no more data patches means what exactly?

AB: It means that you are more vulnerable to attacks.

LN: So every day the risk of cyber compromise only grows for organizations still on Windows 7.

AB: Very true.

LN: So, what is for the non-technical person out there, could you explain what this is analogous to?

AB: Well, I can give you the house analogy. You buy a house and you don’t do any upgrades. You don’t do any maintenance. Something is going to break. So this is what’s going to happen with Windows 7. Because there’s no more patch, there are no more updates, there’s no more security involved in it. At one point if you still continue using it, you will get breached.

LN: So, it’s kind of like your locks start to fall off the door at a particular time

AB: Exactly, exactly.

LN: And if you consider the contents of a health care provider, to have sensitive data like patient medical records, electronic medical records, protected health care information, or PII, all of that stuff is vulnerable to exfiltration?

AB: Yes, very, yes.

LN: So, why are people still using Windows 7, given this threat?

AB: Well, some applications are not upgraded to work with Windows 10, and what happens. So then a lot of people working in the corporate environment are resistant to change because the applications are not working with Windows 10. So those,

LN: Or they just like the cleanness of Windows 7, relative to Windows 10, which

AB: Yes

LN: It has a lot of bloatware loaded on it if you’re getting the version off the shelf.

AB: True, true.

LN: Who really needs to have all these games on their environment?

AB: Exactly. But at the same time, every healthcare company that, you know, even my company that I’m working for, we have a golden image that we create, which are stripped down from all those games and stuff like that. So we don’t use those. But, to get there, there is always an image needs to be updated in Windows 10.

LN: So what are some of the potential problems for the organization that stays on Windows 7 and just doesn’t get with the program to migrate off?

AB: Well, first thing is, APT.

LN: What’s an APT?

AB: APT is an Advanced Persistent Threat.

LN: That’s like that nation-state, Big Brother lurking on the chips of the computer device, waiting for a moment to attack, right?

AB: They can infiltrate you. They can do nothing, just sit and wait, and look at your data. And we have seen that in many breaches. The time that you found out that the company was breached, they’ve been in the system for more than six, seven months. So they were collecting data slowly by slowly, and at one point they turned the engine on, and then the doomsday attack starts. Suddenly you start losing data. Deletion happens and then, they grab everything out from your system.

LN: “So there’ ve been a lot of nation-states making threats.

AB: Oh, very much so.

LN: This could be a huge opportunity for certain nation-states to get themselves onto hackable systems and merely wait until the opportune time to strike is such that they could magnify the damage.

AB: Exactly.

LN: We have a power outage,

AB: Yes.

LN: And they were to strike at that time, that would probably magnify the damage significantly.

AB: Very, very much. And now you’ve been talking about those in your other videos about these kinds of things. The cyber realm is another way of attacking our national interests. Health care is one of them.

LN: So let’s assume that an APT gets into a health care environment, health care provider’s systems, and they’re able to access electronic medical records, EMR, patient health care information, what might they want to do with that information?

AB: Well, patient records, especially the names, social security numbers, medical records, everything is sellable in the Darkweb.

LN: And it’s worth a lot more than just giving social security numbers.

AB: It is. True. It’s like a single record may go for $35. If you got about 10,000 records, 10,000 records times about $35.

LN: It’s likewise though, that data exfiltrates, and it gets out there in the market, the health care providers are looking at potentially significant financial damages, as well as reputational damage.

AB: Yes, yes. Because when these things happen, suddenly you have to report this either to the government or to the media. And then afterward the penalties will come. And investigations cost a lot of money. Penalties are really severe And doing all of these things, and if you’re still in the Windows 7 environment you’re actually opening yourself to these kinds of attacks.

LN: Yeah so, when these data incidents happen, as you like to call them, what do you see the role of internal IT investigations versus an outside computer forensic firm like myself specializes in data breaches and EMR. What is the typical role and function of the internal versus the outside expert witness?

AB: Internal it’s you know like myself, we do the investigation internally but we would love to hire, I mean we would like to hire an outside investigation, to give unbiased information. Saying that if you go to the legal ways that you will be able to say that hey, I’m not involved with this company I’m doing this…

LN: Sometimes, there’s benefit to having an outside forensic expert that’s independent speak only to the issues that are relevant and not necessarily have a knowledge of who was in IT that got fired or any of that other stuff that isn’t really relevant to the investigation but could create risk for the health care provider.

AB: True. True.

LN: So with regard to reporting obligations, let’s say you find that there was indeed exfiltration of patient data and that information left the organization, what are the reporting obligations?

AB: Well the best way that I can tell right now is if you were at the hhs.gov or consult your attorney it will actually tell you especially the website, will tell you what are the reporting obligations. There are multiple levels. If I go into details over here, it’s not going to last.

LN: Got it. And so, we talked about exfiltration but what can happen if someone gets in and actually deletes patient medical records?

AB: Well, the first thing is in hospital systems that patient who’s going to be either going into surgery or something like that, they will not be able to get, pull out the data.

LN: And so people who have a need for critical life-saving care, might actually die.

AB: Yes.

LN: Or worse yet, if someone were to alter the medical records

AB: That is a threat

LN: And say instead of your left lung having cancer it’s your right lung and you get the wrong lung removed, that’s a real problem

AB: It’s a big problem.

LN: So if you have to say, wrap it up what would be the top three recommendations you make to health care organizations to help defend against the potential future data breach that’s from running Windows 7?

Top 3 Measures to Defend Windows 7

AB:

  1. First is implementing operate plan to leave Windows 7, immediately. That’s a given fact.
  2. Second, isolate Windows 7 legacy into VDIs which we call the Virtual Desktop Environments. Isolate them from the network.
  3. And the third, make sure that your disaster recovery is in place and you do periodic tabletop exercises.

LN: Well thanks so much, that was really informative. I appreciate you coming on the show.

AB: Thank you for inviting me again.

LN: Take care.

Microsoft Windows 7 End of Support

https://support.office.com/en-us/article/Windows-7-end-of-support-and-Office-78f20fab-b57b-44d7-8368-06a8493f3cb9

Other Related Articles

View Microsoft website here

https://www.microsoft.com/en-us/

BIPA: How it May Affect You

Does your employer require your fingerprint when you clock in for work? That fingerprint is considered private biometric information. BIPA is the Illinois law that protects its use. Experts Lee Neubecker and David Rownd share how this law affects employers that have Illinois based employees.

Biometric Information Privacy Act (BIPA) is a law that covers the employer’s use of biometric information of its employees. Biometrics are the physiological means to gather an individual’s uniqueness. The oldest most widely used is a fingerprint but other biometric identifiers may be also used such as; facial recognition, photos, retina scan, voice recognition, ear shape, and hand scans all are considered private biometric information. The Illinois BIPA law is designed to govern, secure, store and prohibit the sale of biometric information. Forensic Expert Lee Neubecker and David Rownd from Vedder Price discuss how BIPA may affect employers that have satellite offices in Illinois.

Part 1 of a 3 Part Series on Illinois’ Biometric Information Protection Act

The Video Transcript on BIPA: How It May Affect Employers in Illinois.

Lee Neubecker (LN): Hi I am here again with David Rownd from Vedder Price. Thanks for being on the show David

David Rownd (DR): Thanks for having me

LN: David is an attorney that specializes in defending class action lawsuits also employment litigation, trade secret theft, and misappropriation. I asked him to come on the show today to talk a little bit about BIPA which is the Illinois Biometric Information Protection Act and specifically he deals with a lot of trading security-related financial services firms and since that law applies to Illinois and many trading firms in New York have satellite offices I wanted him to talk a little bit about the act and some of the concerns that employers should have if they have employees working in Illinois. So, David, can you tell us a little bit about BIPA what it is and what it entails?

DR: Basically it covers the employers use of biometric information of its employees and this can be a retinal scan it can be a fingerprint it can be a number of different things and it can be used for time cards access to the workplace and things like that and employers are using biometric information because its an easy way to keep track of employees. However, it is also a privacy issue and that’s where the BIPA comes in and BIPA is intended to regulate employers ability to utilize biometric information and put certain requirements on them for notifying employees they are using it and notifying employees why they are using it keeping written records of the biometric information and it specifically prohibits the sale of biometric information to third parties.

LN: It’s especially troublesome too because if you lose your biometric unique identifiers you can’t necessarily get those back unlike a social security number you could replace a social security number but if someone is able to copy your retina scan your fingerprints what not it could cause a lot of permanent damage.

DR: That’s true you only get one of those things

LN: So we will be talking later in the series next well be talking a little bit about what employers should do before they land in trouble with BIPA to help protect against finding themselves embroiled in litigation and then finally we’ll talk a little bit about some of the national happenings with Facebook and other entities who have been en snagged in the BIPA trap and we’ll conclude with there so thanks for being on the show today.

DR: Oh thanks for having me.

View related Employment Litigation articles on our website.

EMR or Electronic Medical Records May Contain Private Biometric Information
Forensic Data Collection can be used in cases where ESI is breached or stolen
Private Biometric Information is Electronically Stored Information (ESI) and governed by BIPA
An individual’s photo is considered biometric information.

Employment Litigation articles

Learn More about Illinois BIPA Litigation

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&ChapterID=57

Protection under BIPA

https://www.vedderprice.com/

Holiday Tech Gift Ideas

Holiday Tech Gift Ideas For the Technology Geek

Holiday Tech Gadgets for Power Grid Outage Survival

Enigma Forensics CEO & President Lee Neubecker along with Associate Sammy Macrito discuss holiday gift ideas for the tehnology geek on your list. Recently, California has been experiencing massive power grid outages and most people were not prepared because they simply didn’t think about what happens when you loose power. Techno gadgets will help you survive during a power grid outage. No matter how long it is! Tune is as our technology geeks, Lee and Sammy have some fun and share their favorite techno gadgets. These are great gift ideas for the technology geek on your holiday list.

Holiday Gift Ideas for the Technology Geek

The transcript of Holiday Gift Ideas follows:

Lee Neubecker: Hi, so today we’re going to talk a little bit about some of those techno gadgets that you might want to consider buying your loved one who might be concerned about losing power and not having their techno gadgets. So today I’ve got Sammy Macrito on with me, and we’re going to talk about some of those items that you can pick up. Many of them are available for under a $100 or even less online. We’ll have a link on our page that shows items if you’re interested in buying them. So the first one we have here is this flashlight which is a combination, it’s flashlight that you can crank up, you can turn on the light, and it’s powered both by manual energy, so you can get it powered up. It’s got a solar cell, and then it also has a convenient USB charging port so you can, if you had to, you could hand crank and recharge your tablet or smart phone to give you power if you’re in the darkness for a long period of time. And one of the most important things about it is that it’s got a FM/AM band on it, so if there were an emergency or outage you’d be able to get news and find out where resources are.

Sammy Macrito: Right, and something I feel is so important about this one is having the functionality of being able to crank it, as well as the solar, because let’s say the power grid is out, you can leave this outside all day with a phone next to it and get a charged phone at the end of the night.

Lee Neubecker: Or you can crank it all night. Or you can crank it all night.

Lee Neubecker: So we’ve got, speaking of solar, there’s a real neat gadget that if you wanted to make sure that you could power your laptop, this battery power system by Voltaic produces 20 watts, which is enough to charge some of the newer laptops, and there’s a cell that they, a battery pack they sell with this that you can charge up, which can really charge a good number of devices. This can even be strapped, you can tie it to your back when you’re hiking, and pick up…

Sammy Macrito: Exactly, yeah. And it’s super important to have one of these, especially if you have more than just a phone that you’re trying to recover, because you can basically just go with this solo thing and be able to charge not only your laptop, but also your phones. It’s always better to have more wattage, yeah.

Lee Neubecker: Now, those are great devices for the short term, but if the power is out for a while you’re going to want some other things. One of the things that most people are going to want is, they’re going to want the ability to start a fire, to cook food, to sterilize water, and whatnot. This device here is a USB chargeable electric lighter. I thought I hit it the wrong way. It produces an arc flame which is just electricity. And so using the battery cell, the radio, you could recharge it and you basically have unlimited abilities to start fires, and you don’t need matches. It can be, it makes a great torture device too.

Sammy Macrito: Yeah, and it’s windproof.

Lee Neubecker: Yeah, so that’s one, nice device. This is another device that’s pretty handy. It’s a flashlight. It can also be used for signaling. So if you’re trying to get help, it might be useful to be able to do that. It’s got a solar cell here. It also has this handy metal tip that can be used to shatter a car windshield, so it’s not a bad thing to keep hanging around in your glove box.

Sammy Macrito: Yeah, absolutely. And one thing that this is, can be commonly used for, you might ask, why would you want to break your car windshield? Let’s say you went off the road and are now in water, sinking with your car.

Lee Neubecker: Sinking, yup.

Sammy Macrito: You can pull this out of your glove box and be safe.

Lee Neubecker: It’s got some other things too, it’s got a magnetic tip so you can magnetize a paper clip if you needed to, to float it on water and get your direction to the North Pole. It’s also got a handy clip and it’s got a siren so if wildlife is approaching you, that might be enough to scare wildlife off, or an attacker. And this tip too, you could also use it to whack at something if it’s coming towards you.

Sammy Macrito: Absolutely.

Lee Neubecker: Pretty handy device. One of the most important things you probably need if you’re going to survive a long term power outage would be access to water and ability to have purified water. This device here is Portable Aqua Pure, it’s electrolytic water purifier. And how it works is you’re able to hook up hoses to pump water from one source into another source, so you need to have two water bottles with it ideally. But it has a solar cell on it and you add salt to it, and the salt gets converted into chlorine, so you can purify water and get rid of biohazards. So very handy. Pretty handy device.

Sammy Macrito: Awesome.

Lee Neubecker: And again, with your flashlight, or with your radio, you can recharge it and with very little salt you have virtually unlimited ability to purify water for quite a long time.

Sammy Macrito: And what do you do in the case that you don’t have power? How can you purify water without the ability to make fire, without the ability to use that device?

Lee Neubecker: That’s a good question, so if you have a clear bottle like this one, you can actually scoop water up out of a river or stream. Now you can’t do this with salt water. The sun has the ability to sterilize water biohazards, it’s not going to get rid of contaminants, chemical contaminants, but it could purify water. So having clear bottles, laying them out in the sun for a few hours, the sun will purify the water, so that’s another thing that could be useful. Well great, we hope these tech ideas are good last minute shopping gift items for your nerds at home. Talk to you soon.

Sammy Macrito: Thank you.

Holiday Tech Gift for Geeks: links associated with the gifts discussed.

Related Posts about Tech Gadgets & Power Outage Survival

FBI Warning: Smart TV’s may be spying on you.

Smart TV’s may be recording you or your children without your knowledge.

Enigma Forensics, CEO & President, Lee Neubecker talks about the FBI’s warning about Smart TV’s and other smart home devises that are not secure. Lee adds to that warning that a hacker can actually see through to your living space by using the built in camera on your Smart TV. They can also listen to you and record your conversations, or exploit your TV to show content that is not suitable for your children to watch. In fact, most of our smart devises don’t have any security at all. Fortunately, there are a few things you can do to strengthen your security. Tune in to engimaforensics.com to learn more.

The transcript on FBI Warning on Smart TV’s follows:

Lee Neubecker:

Hi, so all of you should be aware that FBI has issued an advisory and warning to consumers purchasing Smart TV’s for your homes.

Specifically, you should be on the lookout for TV’s that have cameras. It could be recording you or your children without your knowledge. One popular measure they recommend is using black electrical tape to cover the top of the camera. If the camera’s physically covered you can’t record.

However, you have to be aware that many of these TV’s are also listening to you and maybe taking up voice commands, recording your conversations and possibly even retransmitting that information to other parties. It’s also possible that a hacker could get into a TV and exploit your TV display inappropriate content that your children might see.

So for more tips on how to secure your home, check out our website, we have a link that gives advice on this and as it relates to your TV, you want to make sure you know what you’re buying and it’s best to buy a TV that doesn’t have a known camera in it if you’re concerned about not being recorded.

Related articles to keeping your home secure

Cyber Insurance Coverage

Cyber insurance and security protection

Engima Forensics CEO & President Lee Neubecker and Tressler, LLP, Cyber Insurance Coverage Attorney Todd Rowe sit down for a video discussion. These experts stress the importance of understanding the full scope of your data risk in case of a cyber attack. Both agree cyber attacks are getting more and more sophisticated and urge every company no matter the size to take the necessary steps to protect themselves before a date breach occurs. Prepare your company by working with computer forensics experts and legal counsel and create a game plan to lessen the potential threat posed by a cyber attack. Tune in to find out more about cyber insurance and maximizing your potential for coverage when a cyber attack strikes.

Evolution of Cyber Insurance and Security

The transcript on Cyber Insurance Coverage follows:

Lee Neubecker: Hello, today I have Todd Rowe on the show. Todd is a specialist in cyber insurance related litigation and data breach litigation Todd, thanks for being on the show.

Todd Rowe: No, thank you, this is great. I appreciate it.

Lee Neubecker: And so, Todd, can you tell us a little bit about how cyber has evolved over the last five years?

Todd Rowe: It’s wide open, I mean, we’ve seen everything. First, I think, when we look at the threats, and the evolution of a cyber threat or a privacy threat, we’ve seen things from the classic data breach, which would have been the target data breaches move into more of a social engineering component and tricking users that way, by emails and things like that. Getting around the technology safeguards a little bit and getting in there and tricking people is the biggest development I think we’ve seen in the evolution of threats.

Lee Neubecker: And, how has coverage evolved for cyber insurance over the last five years?

Todd Rowe: Yeah, I mean, we’ve seen huge leaps in insurance coverage and what the policies look like and what we would call cyber policies. We’ve seen the developments first in what would be considered first party insurance coverage, which would be actually responding to the damage that happens. And then, the third party liability piece, responding and giving a defense in the case of an incident. While we’ve seen a lot of developments, I think, with cyber insurance, we still don’t see the uniform policy language. So, there’s still a lot of uncertainty there, but we’ve seen some big developments recently.

Lee Neubecker: So, when a company suspects that they have a data breach incident, what’s your first role on the ground, talking with the client in terms of what you’re advising them?

Todd Rowe: Yeah, all things being equal, we would have loved to have been in there before there was an incident. Preparation is always the best scenario, and what preparation should look like is a corporation or a business working with forensics and legal and getting a game plan together, assessing what those threats might be, and what to do if there are those threats. But, afterward, hopefully you have the game plan. If you don’t, it’s pretty much all boots on ground, getting in there with forensics and legal, and understanding what the threat was, and making sure that the threat is extinguished, and moving on and notifying people that were involved in the threat.

Lee Neubecker: I know from experience that companies that take the time to proactively assemble their team before something happens, and bring in legal, forensics, and outside help, are often in a much better situation when something goes down. They face less downtime, their business can be back up and running. I think the biggest challenge I’ve seen is when companies have no idea what is legitimately their, what their devices are, because when you’re trying to assess are we still compromised, you need to know what good looks like. And if you haven’t mapped out your organization’s IT resources, that really creates a problem.

Todd Rowe: From our point, there’s always been, it’s been a tough sell to go in and try to get in before there’s an incident. A lot of corporations don’t want to think about something until it actually happens. But, the sort of, the wisdom in getting in there beforehand is getting that game plan together, figuring out what data you’re storing and what data you can get rid of. And so, the more data you can get rid of, the better you do on cutting down your liability in the end. Also, working on technology safeguards and having those in place. So, working with forensics, legal, and even PR a little bit really helps in the long run, no doubt about it.

Lee Neubecker: So, if you have cyber insurance, does that mean that you don’t have to worry about a cyber incident?

Todd Rowe: The thought right now, I think, and it has been for a number of years, is an incident’s going to happen, and it just, you need to go in and do things to prep. And while we were discussing earlier, the preparation that you need to do to get sort of an inventory, cyber insurance is another piece of that preparation that needs to be in place. Once again, working with professionals, insurance professionals, brokers, forensics, legal, on what that cyber product that best suits your needs, is the best situation to have that in place once something happens. It will happen, it’s just a matter of having all the right pieces in place when it does happen.

Lee Neubecker: So, if a company has, is storing biometric information, which could even include video cam footage of a certain resolution, what are some of the unique challenges that are raised by some of the laws here in Illinois and elsewhere?

Todd Rowe: Really, being in Illinois is, and I don’t want to use a cliche, but is on the cutting edge of biometric data. And we have BIPA, which is the Biometric Information Protection Act. And what that does is it protects a lot of things like face scans, and finger and thumbprint templates. And, I think one of the biggest issues we see is recently, now BIPA’s been around for 10 years or so, it’s been around for a long time. But we’re seeing a huge uptick in BIPA cases right now, because a number of businesses went in and put in timekeeping systems for their employees that work on thumb and finger scans rather than the old punch card systems. So, the law didn’t change, but the technology did, and so now, there was warnings that should have been put in place before you take that biometric data with those systems. So, they put the systems in, and they didn’t necessarily have the law in place. That’s a perfect scenario where we could’ve had forensics and legal all working together beforehand to avoid a lot of liability, so.

Lee Neubecker: So, what do you see happening in the future with the insurance coverage laws? Especially, you know, one of the concerns I have is, you know, there’s this act of war exclusion, and if you have cyber insurance and you’re hacked by someone outside of the country, what happens there, is that covered?

Todd Rowe: It depends, really, on the policy form. So, we’ve seen, once again, Illinois is on the cutting edge of that law as well. A lot of insurance policies, CGL, commercial liability policies, and even some cyber policies to some extent, have terrorism or war exclusions, excluding acts of war. And that was fine when we were looking at Pearl Harbor, perhaps, or something like a real act of war where a government might declare war on a country, and some damage that results of that would be an act of war. But, with privacy and hackers, and hackers sitting in nation states, but maybe not being an agent of that nation state. So, the case that we have right now that gives a good example of this is a Zurich case, insurance case with Mondelez, they’re a snack food maker. And, Zurich denied coverage, and it looks like the hacker may have come from perhaps China or North Korea. So, what do you do with that, as far as, if you’re going to exclude coverage for that, nobody’s declared war on any of those countries, so that’s going to be a struggle. And I think that demonstrates some of the strengths and weaknesses of cyber coverage right now, as it stands.

Lee Neubecker: And, what do you see happening, what’s the likelihood that the federal government stops in, steps up to the plate should a major data breach happen that could be considered an act of war?

Todd Rowe: Yeah, I mean, well first off, the government brings up another point, as far as right now as it stands, privacy and data laws, we just have a patchwork of things here in the U.S. Of course, there’s frameworks that have been adopted in, for example, the E.U. with GDPR, and we don’t really have that in the U.S. So, we first don’t really have a clear idea of who would do the response in the government. Would it be the Federal Trade Commission, or who would handle that type of situation? So, we have a lot of state laws, so we have a lot of problems like that. And, we have California, which is adopting some stronger guidelines as well. So, what would happen there as far, it’s going to be really left to ironing things out with the insurers and the insurance. Once again, what a great opportunity to sort of look at this issue before an incident happens. You really wouldn’t want to get into this complex of an issue when you’re trying to respond to an incident. So, another reason is, to go and prep a little bit, would be exactly what we’re discussing right now.

Lee Neubecker: Yeah, I know from experience that clients of ours that have had data breach incidents, if they’re working with someone that’s experienced litigation professional in the area of cyber and insurance, the likelihood that, you know, my firm’s fees get covered goes way up, and there are, there’s a potential for coverage of that forensic response. But ideally, you want to have your own team. You want to be picking your team. You don’t want the insurance companies assigning your people, if you can avoid it.

Todd Rowe: Yeah, a lot of insurers do have panels, and there are a lot of insurers that prefer that, because they don’t know where to go. So, that actually, if there’s an incident, that helps out. But, the best scenarios, and we’ve been involved in a lot of responses, and the best scenario is when we’ve had an opportunity to sit down, and maybe you and I talk, the forensic side of things and the legal side of things, and figuring out exactly how we can cooperate and what that response would look like. So, absolutely, if you can sit down and chat beforehand, you’re going to really save yourself a lot of stress and pressure.

Lee Neubecker: Well, thanks a bunch Todd, for being on the show. This has been great.

Todd Rowe: Absolutely, thank you so much, I appreciate it.

More articles that relate to data breach response and cyber insurance coverage follow:

https://enigmaforensics.com/blog/secure-home-from-cyber-attacks/
https://enigmaforensics.com/news/wgn-cyber-security-chicago-2018/

https://www.thebalancesmb.com/what-s-covered-under-a-cyber-liability-policy-462459