Recent Massive Ransomware Attack Underscores Importance of Keeping Operating System Software Updated and Vigilance Against Suspicious Emails

On May 12, 2017, countless individuals and businesses worldwide were the targets of what experts deem the largest ransomware attack in history. In this attack, hackers sent emails containing encrypted .zip file attachments, which, when downloaded by the email recipient, infected the recipient’s computer with ransomware that commandeered and locked the computer’s files. The files were rendered inaccessible and released only upon payment of a bitcoin ransom to the hacker. According to reports, over 74 countries were hit by the attack, and hospitals and government agencies were among the victims. The damage, monetary or otherwise, resulting from the attack remains to be determined.

“Wannacry,” the name of the ransomware variant used in this attack, is reportedly derived from a stolen NSA hacking tool. The ransomware exploited Windows-based operating system vulnerabilities in computers that were not patched with the latest software update from Microsoft.

Although individuals and businesses in the United States remained largely unaffected, many experts say that this recent attack merely foreshadows future attacks of this scale that may potentially reach users stateside. As hackers become more sophisticated, attacks of this type may become the new normal. Given this new reality in the world of computing, it is increasingly important that computer users, particularly organizational users with databases and systems that house confidential and sensitive information, such as personally identifiable information (“PII”) or protected health information (“PHI”), ensure that computer systems are regularly updated with operating system software and security patches. Equally important is implementing organizational policies and procedures that require and encourage users to be vigilant against indiscriminate accessing and opening of suspicious emails with infected attachments and links.

EMV Chip Cards – Falling Behind the Curve Could Mean Liability for Merchants and Card Issuers Alike

During the holiday season, stores throughout the United States process millions of credit card transactions per day. Although this flurry of sales activity is good for business, it also comes with a potential risk of liability if the credit cards used in those transactions are equipped with the chip-card technology that the merchants’ payment processing machines are not capable of handling.

During the past year, credit card issuers have been transitioning to the Europay, Mastercard, Visa (“EMV”) chip cards, which contain smart microprocessor chip technology. Using the chip reader in the credit card payment terminal, the chip serves as the communication conduit between the card issuer and the merchant’s bank to authenticate the card and complete the sales transaction. Unlike magnetic stripe credit cards, chip cards generate a unique transaction code that cannot be reused. This “dynamic” data technology helps to guard against credit card fraud arising out of data or security breaches where the credit card information is compromised. For some chip cards, the users may also be required to enter a PIN. This new chip card technology requires new payment processing terminals that many merchants have not yet implemented.

Although the card issuers themselves have not completed their issuance of EMV chip cards to replace existing magnetic stripe cards, the issuers imposed an October 2015 deadline on merchants and card payment processors to become EMV-ready. After October 2015, under the modified terms of their agreements with the credit card payment processors or networks (e.g., VISA, MasterCard, American Express, Discover), merchants who accept credit cards and who are not EMV-ready may be liable for any fraudulent transactions and possibly fined and/or sanctioned by the Payment Card Industry Security Standards Council, an industry organization that promulgates data and cybersecurity standards for the credit card sector. Liability will be shifted to the party who used the lower level of security and compliance with the EMV standards. This means that, for example, a merchant may be assigned liability for the fraudulent transaction if the purchase was made with a chip card but the merchant was not capable of processing the chip card payment, using instead the magnetic stripe method. Conversely, the card issuer may be assigned liability if the merchant was EMV-capable but the card issuer has not issued a chip card to the consumer.

Notably, the EMV standards do not apply to purchases where the cards are not physically presented, including online and telephone transactions.

Although they impose increased liability and breed disputes between potentially liable parties, EMV chip cards and their attendant standards and rules are intended to provide more consumer protection and create an incentive for merchants, card issuers, and payment processors alike to conform with best practices in an ever-evolving world of data and cybersecurity challenges.