The Investigatory Powers Bill, being debated in Parliament this week, proposes the first wide-scale update in 15 years to the surveillance powers of the UK law-enforcement and intelligence agencies.
The Bill has several goals: to consolidate some existing surveillance powers currently either scattered throughout other legislation or not even publicly disclosed, to create a wide range of new surveillance powers, and to change the process of authorisation and oversight surrounding the use of surveillance powers. The Bill is complex and, at 245 pages long, makes scrutiny challenging.
The Bill has had its first and second readings in the House of Commons, and has been examined by relevant committees in the Commons. The Bill will now be debated in the ‘report stage’, where MPs will have the chance to propose amendments following committee scrutiny. After this it will progress to a third reading, and then to the House of Lords for further debate, followed by final agreement by both Houses.
These committees were faced with a difficult task of meeting an accelerated timetable for the Bill, with the government aiming to have it become law by the end of 2016. The reason for the haste is that the Bill would re-instate and extend the ability of the government to compel companies to collect data about their users, even without there being any suspicion of wrongdoing, known as “data retention”. This power was previously set out in the EU Data Retention Directive, but in 2014 the European Court of Justice found it be unlawful.
Many questions remain about whether the powers granted by the Bill are justifiable and subject to adequate oversight, but where insights from computer security research are particularly relevant is on the powers to grant law enforcement the ability to bypass normal security mechanisms, sometimes termed “exceptional access”.
Terms and Conditions (T&C) are long, convoluted, and are very rarely actually read by customers. Yet when customers are subject to fraud, the content of the T&Cs, along with national regulations, matter. The ability to revoke fraudulent payments and reimburse victims of fraud is one of the main selling points of traditional payment systems, but to be reimbursed a fraud victim may need to demonstrate that they have followed security practices set out in their contract with the bank.
Security advice in banking terms and conditions vary greatly across the world. Our study’s scope included Europe (Cyprus, Denmark, Germany, Greece, Italy, Malta, and the United Kingdom), the United States, Africa (Algeria, Kenya, Nigeria, and South Africa), the Middle East (Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, UAE and Yemen), and East Asia (Singapore). Out of 30 banks’ terms and conditions studied, 26 give more or less specific advice on how you may store your PIN. The advice varies from “Never writing the Customer’s password or security details down in a way that someone else could easily understand” (Arab Banking Corp, Algeria), “If the Customer makes a written record of any PIN Code or security procedure, the Customer must make reasonable effort to disguise it and must not keep it with the card for which it is to be used” (National Bank of Kenya) to “any record of the PIN is kept separate from the card and in a safe place” (Nedbank, South Africa).
Half of the T&Cs studied give advice on choosing and changing one’s PIN. Some banks ask customers to immediately choose a new PIN when receiving a PIN from the bank, others don’t include any provision for customers to change their PIN. Some banks give specific advice on how to choose a PIN:
When selecting a substitute ATM-PIN, the Customer shall refrain from selecting any series of consecutive or same or similar numbers or any series of numbers which may easily be ascertainable or identifiable with the Customer…
Only 5 banks give specific advice about whether you are allowed to re-use your PIN on other payment cards or elsewhere. There is also disagreement about what to do with the PIN advice slip, with 7 banks asking the customer to destroy it.
Some banks also include advice on Internet security. In the UK, HSBC for example demands that customers
always access Internet banking by typing the address into the web browser and use antivirus, antispyware and a personal firewall. If accessing Internet banking from a computer connected to a LAN or a public Internet access device or access point, they must first ensure that nobody else can observe, copy or access their account. They cannot use any software, such as browsers or password managers, to record passwords or other security details, apart from a service provided by the bank. Finally, all security measures recommended by the manufacturer of the device being used to access Internet banking must be followed, such as using a PIN to access a mobile device.
Over half of banks tell customers to use firewalls and anti-virus software. Some even recommend specific commercial software, or tell customers how to find some:
It is also possible to obtain free anti-virus protection. A search for `free anti-virus’ on Google will provide a list of the most popular.
In the second part of our paper, we investigate the customers’ perception of banking T&Cs in three countries: Germany, the United States and the United Kingdom. We present the participants with 2 real-life scenarios where individuals are subject to fraud, and ask them to decide on the outcome. We then present the participants with sections of T&Cs representative for their country and ask them then to re-evaluate the outcome of the two scenarios.
Scenario 1: Card Loss
Scenario 1: Card Loss after T&Cs
Scenario 2: Phishing
Scenario 2: Phishing after T&Cs
The table above lists the percentage of participants that say that the money should be returned for each of the scenarios. We find that in all but one case, the participants are more likely to have the protagonist reimbursed after reading the terms and conditions. This is noteworthy – our participants are generally reassured by what they read in the T&Cs.
Further, we assess the participants’ comprehension of the T&Cs. Only 35% of participants fully understand the sections, but the regional variations are large: 45% of participants in the US fully understanding the T&Cs but only 22% do so in Germany. This may indeed be related to the differences in consumer protection laws between the countries: In the US, Federal regulations give consumers much stronger protections. In Germany and the UK (and indeed, throughout Europe under the EU’s Payment Service Directive), whether a victim of fraud is reimbursed depends on if he/she has been grossly negligent – a term that is not clearly defined and confused our participants throughout.
While US bank customers are almost completely protected against fraudulent transactions, in Europe banks are entitled to refuse to reimburse victims of fraud under certain circumstances. The EU Payment Services Directive (PSD) is supposed to protect customers but if the bank can show that the customer has been “grossly negligent” in following the terms and conditions associated with their account then the PSD permits the bank to pass the cost of any fraud on to the customer. The bank doesn’t have to show how the fraud happened, just that the most likely explanation for the fraud is that the customer failed to follow one of the rules set out by the bank on how to protect the account. To be certain of obtaining a refund, a customer must be able to show that he or she complied with every security-related clause of the terms and conditions, or show that the fraud was a result of a flaw in the bank’s security.
The bank terms and conditions, and how customers comply with them, are therefore of critical importance for consumer protection. We set out to answer the question: are these terms and conditions fair, taking into account how customers use their banking facilities? We focussed on ATM payments and in particular how customers manage PINs because ATM fraud losses are paid for by the banks and not retailers, so there is more incentive for the bank to pass losses on to the customer. In our paper – “Are Payment Card Contracts Unfair?” – published at Financial Cryptography 2016 we show that customers have too many PINs to remember them unaided and therefore it is unrealistic to expect customers to comply with all the rules banks set: to choose unguessable PINs, not write them down, and not use them elsewhere (even with different banks). We find that, as a result of these unrealistic expectations, customers do indeed make use of coping mechanisms which reduce security and violate terms and conditions, which puts them in a weak position should they be the victim of fraud.
We surveyed 241 UK bank customers and found that 19% of customers have four or more PINs and 48% of PINs are used at most once a month. As a result of interference (one memory being confused with another) and forgetting over time (if a memory is not exercised frequently it will be lost) it is infeasible for typical customers to remember all their bank PINs unaided. It is therefore inevitable that customers forget PINs (a quarter of our participants had forgot a 4-digit PIN at least once) and take steps to help them recall PINs. Of our participants, 33% recorded their PIN (most commonly in a mobile phone, notebook or diary) and 23% re-used their PIN elsewhere (most commonly to unlock their mobile phone). Both of these coping mechanisms would leave customers at risk of being found liable for fraud.
Customers also use the same PIN on several cards to reduce the burden of remembering PINs – 16% of our participants stated they used this technique, with the same PIN being used on up to 9 cards. Because each card allows the criminal 6 guesses at a PIN (3 on the card itself, and 3 at an ATM) this gives criminals an excellent opportunity to guess PINs and again leave the customer responsible for the losses. Such attacks are made easier by the fact that customers can change their PIN to one which is easier to remember, but also probably easier for criminals to guess (13% of our participants used a mnemonic, most commonly deriving the PIN from a specific date). Bonneau et al. studied in more detail exactly how bank customers select PINs.
Finally we found that PINs are regularly shared with other people, most commonly with a spouse or partner (32% of our participants). Again this violates bank terms and conditions and so puts customers at risk of being held liable for fraud.
Holding customers liable for not being able to follow unrealistic, vague and contradictory advice is grossly unfair to fraud victims. The Payment Services Directive is being revised, and in our submission to the consultation by the European Banking Authority we ask that banks only be permitted to pass fraud losses on to customers if they use authentication mechanisms which are feasible to use without undue effort, given the context of how people actually use banking facilities in normal life. Alternatively, regulators could adopt the tried and tested US model of strong consumer protection, and allow banks to manage risks through fraud detection. The increased trust from this approach might increase transaction volumes and profit for the industry overall.
The UK Government Office for Science, has published its report on “Distributed ledger technology: beyond block chain” to which UCL’s Sarah Meiklejohn, Angela Sasse and myself (George Danezis) contributed parts of the security and privacy material. The review, looks largely at economic, innovation and social aspects of these technologies. Our part discusses potential threats to ledgers, as well as opportunities to build robust security systems using ledgers (Certificate Transparency & CONIKS), and overcome privacy challenges, including a mention of the z.cash technology.
In terms of recommendation, I personally welcome the call for the Government Digital Services, and other innovation bodies to building capacity around distributed ledger technologies. The call for more research for efficient and secure ledgers (and the specific mention of cryptography research) is also a good idea, and an obvious need. When it comes to the specific security and privacy recommendation, it simply calls for standards to be established and followed. Sadly this is mildly vague: a standards based approach to designing secure and privacy-friendly systems has not led to major successes. Instead openness in the design, a clear focus on key end-to-end security properties, and the involvement of a wide community of experts might be more productive (and less susceptible to subversion).