KrebsOnSecurity Threatened with Defamation Lawsuit Over Fake Radaris CEO

On March 8, 2024, KrebsOnSecurity published a deep dive on the consumer data broker Radaris, showing how the original owners are two men in Massachusetts who operated multiple Russian language dating services and affiliate programs, in addition to a dizzying array of people-search websites. The subjects of that piece are threatening to sue KrebsOnSecurity for defamation unless the story is retracted. Meanwhile, their attorney has admitted that the person Radaris named as the CEO from its inception is a fabricated identity.

Radaris is just one cog in a sprawling network of people-search properties online that sell highly detailed background reports on U.S. consumers and businesses. Those reports typically include the subject’s current and previous addresses, partial Social Security numbers, any known licenses, email addresses and phone numbers, as well as the same information for any of their immediate relatives.

Radaris has a less-than-stellar reputation when it comes to responding to consumers seeking to have their reports removed from its various people-search services. That poor reputation, combined with indications that the true founders of Radaris have gone to extraordinary lengths to conceal their stewardship of the company, was what prompted KrebsOnSecurity to investigate the origins of Radaris in the first place.

On April 18, KrebsOnSecurity received a certified letter (PDF) from Valentin “Val” Gurvits, an attorney with the Boston Law Group, stating that KrebsOnSecurity would face a withering defamation lawsuit unless the Radaris story was immediately retracted and an apology issued to the two brothers named in the story as co-founders.

That March story worked backwards from the email address used to register radaris.com, and charted an impressive array of data broker companies created over the past 15 years by Massachusetts residents Dmitry and Igor Lubarsky (also sometimes spelled Lybarsky or Lubarski). Dmitry goes by “Dan,” and Igor uses the name “Gary.”

Those businesses included numerous websites marketed to Russian-speaking people who are new to the United States, such as russianamerica.com, newyork.ru, russiancleveland.com, russianla.com, russianmiami.com, etc. Other domains connected to the Lubarskys included Russian-language dating and adult websites, as well as affiliate programs for their international calling card businesses.

The story on Radaris noted that the Lubarsky brothers registered most of their businesses using a made-up name — “Gary Norden,” sometimes called Gary Nord or Gary Nard.

Mr. Gurvits’ letter stated emphatically that my reporting was lazy, mean-spirited, and obviously intended to smear the reputation of his clients. By way of example, Mr. Gurvits said the Lubarskys were actually Ukrainian, and that the story painted his clients in a negative light by insinuating that they were somehow associated with Radaris and with vaguely nefarious elements in Russia.

But more to the point, Mr. Gurvits said, neither of his clients were Gary Norden, and neither had ever held any leadership positions at Radaris, nor were they financial beneficiaries of the company in any way.

“Neither of my clients is a founder of Radaris, and neither of my clients is the CEOs of Radaris,” Gurvits wrote. “Additionally, presently and going back at least the past 10 years, neither of my clients are (or were) officers or employees of Radaris. Indeed, neither of them even owns (or ever owned) any equity in Radaris. In intentional disregard of these facts, the Article implies that my clients are personally responsible for Radaris’ actions. Therefore, you intentionally caused all negative allegations in the Article made with respect to Radaris to be imputed against my clients personally.”

We took Mr. Gurvits’ word on the ethnicity of his clients, and adjusted the story to remove a single mention that they were Russian. We did so even though Dan Lubarsky’s own Facebook page said (until recently) that he was from Moscow, Russia.

KrebsOnSecurity asked Mr. Gurvits to explain precisely which other details in the story were incorrect, and replied that we would be happy to update the story with a correction if they could demonstrate any errors of fact or omission.

We also requested specifics about several aspects of the story, such as the identity of the current Radaris CEO — listed on the Radaris website as “Victor K.” Mr. Gurvits replied that Radaris is and always has been based in Ukraine, and that the company’s true founder “Eugene L” is based there.

While Radaris has claimed to have offices in Massachusetts, Cyprus and Latvia, its website has never mentioned Ukraine. Mr. Gurvits has not responded to requests for more information about the identities of “Eugene L” or “Victor K.”

Gurvits said he had no intention of doing anyone’s reporting for them, and that the Lubarskys were going to sue KrebsOnSecurity for defamation unless the story was retracted in full. KrebsOnSecurity replied that journalists often face challenges to things that they report, but it is more than rare for one who makes a challenge to take umbrage at being asked for supporting information.

On June 13, Mr. Gurvits sent another letter (PDF) that continued to claim KrebsOnSecurity was defaming his clients, only this time Gurvits said his clients would be satisfied if KrebsOnSecurity just removed their names from the story.

“Ultimately, my clients don’t care what you say about any of the websites or corporate entities in your Article, as long as you completely remove my clients’ names from the Article and cooperate with my clients to have copies of the Article where my clients’ names appear removed from the Internet,” Mr. Gurvits wrote.

MEET THE FAKE RADARIS CEO

The June 13 letter explained that the name Gary Norden was a pseudonym invented by the Radaris marketing division, but that neither of the Lubarsky brothers were Norden.

This was a startling admission, given that Radaris has quoted the fictitious Gary Norden in press releases published and paid for by Radaris, and in news media stories where the company is explicitly seeking money from investors. In other words, Radaris has been misrepresenting itself to investors from the beginning. Here’s a press release from Radaris that was published on PR Newswire in April 2011:

In April 2014, the Boston Business Journal published a story (PDF) about Radaris that extolled the company’s rapid growth and considerable customer base. The story noted that, “to date, the company has raised less than $1 million from Cyprus-based investment company Difive.”

“We live in a world where information becomes much more broad and much more available every single day,” the Boston Business Journal quoted Radaris’ fake CEO Gary Norden, who by then had somehow been demoted from CEO to vice president of business development.

“We decided there needs to be a service that allows for ease of monitoring of information about people,” the fake CEO said. The story went on to say Radaris was seeking to raise between $5 million and $7 million from investors in the ensuing months.

THE BIG LUBARSKY

In his most recent demand letter, Mr. Gurvits helpfully included resumes for both of the Lubarsky brothers.

Dmitry Lubarsky’s resume states he is the owner of Difive.com, a startup incubator for IT companies. Recall that Difive is the same company mentioned by the fake Radaris CEO in the 2014 Boston Business Journal story, which said Difive was the company’s initial and sole investor.

Difive’s website in 2016 said it had offices in Boston, New York, San Francisco, Riga (Latvia) and Moscow (nothing in Ukraine). Meanwhile, DomainTools.com reports difive.com was originally registered in 2007 to the fictitious Gary Norden from Massachusetts.

Archived copies of the Difive website from 2017 include a “Portfolio” page indexing all of the companies in which Difive has invested. That list, available here, includes virtually every “Gary Norden” domain name mentioned in my original report, plus a few that escaped notice earlier.

Dan Lubarsky’s resume says he was CEO of a people search company called HumanBook. The Wayback machine at archive.org shows the Humanbook domain (humanbook.com) came online around April 2008, when the company was still in “beta” mode.

By August 2008, however, humanbook.com had changed the name advertised on its homepage to Radaris Beta. Eventually, Humanbook simply redirected to radaris.com.

Astute readers may notice that the domain radaris.com is not among the companies listed as Difive investments. However, passive domain name system (DNS) records from DomainTools show that between October 2023 and March 2024 radaris.com was hosted alongside all of the other Gary Norden domains at the Internet address range 38.111.228.x.

That address range simultaneously hosted every domain mentioned in this story and in the original March 2024 report as connected to email addresses used by Gary Norden, including radaris.com, radaris.ru, radaris.de, difive.com, privet.ru, blog.ru, comfi.com, phoneowner.com, russianamerica.com, eprofit.com, rehold.com, homeflock.com, humanbook.com and dozens more. A spreadsheet of those historical DNS entries for radaris.com is available here (.csv).

The breach tracking service Constella Intelligence finds just two email addresses ending in difive.com have been exposed in data breaches over the years: dan@difive.com, and gn@difive.com. Presumably, “gn” stands for Gary Norden.

A search on the email address gn@difive.com via the breach tracking service osint.industries reveals this address was used to create an account at Airbnb under the name Gary, with the last four digits of the account’s phone number ending in “0001.”

Constella Intelligence finds gn@difive.com was associated with the Massachusetts number 617-794-0001, which was used to register accounts for “Igor Lybarsky” from Wellesley or Sherborn, Ma. at multiple online businesses, including audiusa.com and the designer eyewear store luxottica.com.

The phone number 617-794-0001 also appears for a “Gary Nard” user at russianamerica.com. Igor Lubarsky’s resume says he was the manager of russianamerica.com.

DomainTools finds 617-794-0001 is connected to registration records for three domains, including paytone.com, a domain that Dan Lubarsky’s resume says he managed. DomainTools also found that number on the registration records for trustoria.com, another major consumer data broker that has an atrocious reputation, according to the Better Business Bureau.

Dan Lubarsky’s resume says he was responsible for several international telecommunications services, including the website comfi.com. DomainTools says the phone number connected to that domain — 617-952-4234 — was also used on the registration records for humanbook.net/biz/info/mobi/us, as well as for radaris.me, radaris.in, and radaris.tel.

Two other key domains are connected to that phone number. The first is barsky.com, which is the website for Barsky Estate Realty Trust (PDF), a real estate holding company controlled by the Lubarskys. Naturally, DomainTools finds barsky.com also was registered to a Gary Norden from Massachusetts. But the organization listed in the barsky.com registration records is Comfi Inc., a VOIP communications firm that Dan Lubarsky’s resume says he managed.

The other domain of note is unipointtechnologies.com. Dan Lubarsky’s resume says he was the CEO of Wellesley Hills, Mass-based Unipoint Technology Inc. In 2012, Unipoint was fined $179,000 by the U.S. Federal Communications Commission, which said the company had failed to apply for a license to provide international telecommunications services.

A pandemic assistance loan granted in 2020 to Igor Lybarsky of Sherborn, Ma. shows he received the money to an entity called Norden Consulting.

PATENTLY REMARKABLE

The 2011 Radaris press release quoting their fake CEO Gary Norden said the company had four patents pending from a team of computer science PhDs. According to the resume shared by Mr. Gurvits, Dan Lubarsky has a PhD in computer science.

The U.S. Patent and Trademark Office (PTO) says Dan Lubarsky/Lubarski has at least nine technology patents to his name. The fake CEO press release from Radaris mentioning its four patents was published in April 2011. By that time, the PTO says Dan Lubarsky had applied for exactly four patents, including, “System and Method for a Web-Based People Directory.” The first of those patents, published in 2009, is tied to Humanbook.com, the company Dan Lubarsky founded that later changed its name to Radaris.

If the Lubarskys were never involved in Radaris, how do they or their attorney know the inside information that Gary Norden is a fiction of Radaris’ marketing department? KrebsOnSecurity has learned that Mr. Gurvits is the same attorney responding on behalf of Radaris in a lawsuit against the data broker filed earlier this year by Atlas Data Privacy.

Mr. Gurvits also stepped forward as Radaris’ attorney in a class action lawsuit the company lost in 2017 because it never contested the claim in court. When the plaintiffs told the judge they couldn’t collect on the $7.5 million default judgment, the judge ordered the domain registry Verisign to transfer the radaris.com domain name to the plaintiffs.

Mr. Gurvits appealed the verdict, arguing that the lawsuit hadn’t named the actual owners of the Radaris domain name — a Cyprus company called Bitseller Expert Limited — and thus taking the domain away would be a violation of their due process rights.

The judge ruled in Radaris’ favor — halting the domain transfer — and told the plaintiffs they could refile their complaint. Soon after, the operator of Radaris changed from Bitseller to Andtop Company, an entity formed (PDF) in the Marshall Islands in Oct. 2020. Andtop also operates the aforementioned people-search service Trustoria.

Mr. Gurvits’ most-publicized defamation case was a client named Aleksej Gubarev, a Russian technology executive whose name appeared in the Steele Dossier. That document included a collection of salacious, unverified information gathered by the former British intelligence officer Christopher Steele during the 2016 U.S. presidential campaign at the direction of former president Donald Trump’s political rivals.

Gubarev, the head of the IT services company XBT Holding and the Florida web hosting firm Webzilla, sued BuzzFeed for publishing the Steele dossier. One of the items in the dossier alleged that XBT/Webzilla and affiliated companies played a key role in the hack of Democratic Party computers in the spring of 2016. The memo alleged Gubarev had been coerced into providing services to Russia’s main domestic security agency, known as the FSB.

In December 2018, a federal judge in Miami ruled in favor of BuzzFeed, saying the publication was protected by the fair report privilege, which gives news organizations latitude in reporting on official government proceedings.

Radaris was originally operated by Bitseller Expert Limited. Who owns Bitseller Expert Limited? A report (PDF) obtained from the Cyprus business registry shows this company lists its director as Pavel Kaydash from Moscow. Mr. Kaydash could not be reached for comment.

A Close Up Look at the Consumer Data Broker Radaris

If you live in the United States, the data broker Radaris likely knows a great deal about you, and they are happy to sell what they know to anyone. But how much do we know about Radaris? Publicly available data indicates that in addition to running a dizzying array of people-search websites, the co-founders of Radaris operate multiple Russian-language dating services and affiliate programs. It also appears many of their businesses have ties to a California marketing firm that works with a Russian state-run media conglomerate currently sanctioned by the U.S. government.

Formed in 2009, Radaris is a vast people-search network for finding data on individuals, properties, phone numbers, businesses and addresses. Search for any American’s name in Google and the chances are excellent that a listing for them at Radaris.com will show up prominently in the results.

Radaris reports typically bundle a substantial amount of data scraped from public and court documents, including any current or previous addresses and phone numbers, known email addresses and registered domain names. The reports also list address and phone records for the target’s known relatives and associates. Such information could be useful if you were trying to determine the maiden name of someone’s mother, or successfully answer a range of other knowledge-based authentication questions.

Currently, consumer reports advertised for sale at Radaris.com are being fulfilled by a different people-search company called TruthFinder. But Radaris also operates a number of other people-search properties — like Centeda.com — that sell consumer reports directly and behave almost identically to TruthFinder: That is, reel the visitor in with promises of detailed background reports on people, and then charge a $34.99 monthly subscription fee just to view the results.

The Better Business Bureau (BBB) assigns Radaris a rating of “F” for consistently ignoring consumers seeking to have their information removed from Radaris’ various online properties. Of the 159 complaints detailed there in the last year, several were from people who had used third-party identity protection services to have their information removed from Radaris, only to receive a notice a few months later that their Radaris record had been restored.

What’s more, Radaris’ automated process for requesting the removal of your information requires signing up for an account, potentially providing more information about yourself that the company didn’t already have (see screenshot above).

Radaris has not responded to requests for comment.

Radaris, TruthFinder and others like them all force users to agree that their reports will not be used to evaluate someone’s eligibility for credit, or a new apartment or job. This language is so prominent in people-search reports because selling reports for those purposes would classify these firms as consumer reporting agencies (CRAs) and expose them to regulations under the Fair Credit Reporting Act (FCRA).

These data brokers do not want to be treated as CRAs, and for this reason their people search reports typically do not include detailed credit histories, financial information, or full Social Security Numbers (Radaris reports include the first six digits of one’s SSN).

But in September 2023, the U.S. Federal Trade Commission found that TruthFinder and another people-search service Instant Checkmate were trying to have it both ways. The FTC levied a $5.8 million penalty against the companies for allegedly acting as CRAs because they assembled and compiled information on consumers into background reports that were marketed and sold for employment and tenant screening purposes.

The FTC also found TruthFinder and Instant Checkmate deceived users about background report accuracy. The FTC alleges these companies made millions from their monthly subscriptions using push notifications and marketing emails that claimed that the subject of a background report had a criminal or arrest record, when the record was merely a traffic ticket.

“All the while, the companies touted the accuracy of their reports in online ads and other promotional materials, claiming that their reports contain “the MOST ACCURATE information available to the public,” the FTC noted. The FTC says, however, that all the information used in their background reports is obtained from third parties that expressly disclaim that the information is accurate, and that TruthFinder and Instant Checkmate take no steps to verify the accuracy of the information.

The FTC said both companies deceived customers by providing “Remove” and “Flag as Inaccurate” buttons that did not work as advertised. Rather, the “Remove” button removed the disputed information only from the report as displayed to that customer; however, the same item of information remained visible to other customers who searched for the same person.

The FTC also said that when a customer flagged an item in the background report as inaccurate, the companies never took any steps to investigate those claims, to modify the reports, or to flag to other customers that the information had been disputed.

WHO IS RADARIS?

According to Radaris’ profile at the investor website Pitchbook.com, the company’s founder and “co-chief executive officer” is a Massachusetts resident named Gary Norden, also known as Gary Nard.

An analysis of email addresses known to have been used by Mr. Norden shows he is a native Russian man whose real name is Igor Lybarsky (also spelled Lubarsky). Igor’s brother Dmitry, who goes by “Dan,” appears to be the other co-CEO of Radaris. Dmitry Lybarsky’s Facebook/Meta account says he was born in March 1963.

Indirectly or directly, the Lybarskys own multiple properties in both Sherborn and Wellesley, Mass. However, the Radaris website is operated by an offshore entity called Bitseller Expert Ltd, which is incorporated in Cyprus. Neither Lybarsky brother responded to requests for comment.

A review of the domain names registered by Gary Norden shows that beginning in the early 2000s, he and Dan built an e-commerce empire by marketing prepaid calling cards and VOIP services to Russian expatriates who are living in the United States and seeking an affordable way to stay in touch with loved ones back home.

In 2012, the main company in charge of providing those calling services — Wellesley Hills, Mass-based Unipoint Technology Inc. — was fined $179,000 by the U.S. Federal Communications Commission, which said Unipoint never applied for a license to provide international telecommunications services.

DomainTools.com shows the email address gnard@unipointtech.com is tied to 137 domains, including radaris.com. DomainTools also shows that the email addresses used by Gary Norden for more than two decades — epop@comby.com, gary@barksy.com and gary1@eprofit.com, among others — appear in WHOIS registration records for an entire fleet of people-search websites, including: centeda.com, virtory.com, clubset.com, kworld.com, newenglandfacts.com, and pub360.com.

Still more people-search platforms tied to Gary Norden– like publicreports.com and arrestfacts.com — currently funnel interested customers to third-party search companies, such as TruthFinder and PersonTrust.com.

The email addresses used by Gary Nard/Gary Norden are also connected to a slew of data broker websites that sell reports on businesses, real estate holdings, and professionals, including bizstanding.com, homemetry.com, trustoria.com, homeflock.com, rehold.com, difive.com and projectlab.com.

AFFILIATE & ADULT

Domain records indicate that Gary and Dan for many years operated a now-defunct pay-per-click affiliate advertising network called affiliate.ru. That entity used domain name servers tied to the aforementioned domains comby.com and eprofit.com, as did radaris.ru.

Comby.com used to be a Russian language social media network that looked a great deal like Facebook. The domain now forwards visitors to Privet.ru (“hello” in Russian), a dating site that claims to have 5 million users. Privet.ru says it belongs to a company called Dating Factory, which lists offices in Switzerland. Privet.ru uses the Gary Norden domain eprofit.com for its domain name servers.

Dating Factory’s website says it sells “powerful dating technology” to help customers create unique or niche dating websites. A review of the sample images available on the Dating Factory homepage suggests the term “dating” in this context refers to adult websites. Dating Factory also operates a community called FacebookOfSex, as well as the domain analslappers.com.

RUSSIAN AMERICA

Email addresses for the Comby and Eprofit domains indicate Gary Norden operates an entity in Wellesley Hills, Mass. called RussianAmerican Holding Inc. (russianamerica.com). This organization is listed as the owner of the domain newyork.ru, which is a site dedicated to orienting newcomers from Russia to the Big Apple.

Newyork.ru’s terms of service refer to an international calling card company called ComFi Inc. (comfi.com) and list an address as PO Box 81362 Wellesley Hills, Ma. Other sites that include this address are russianamerica.com, russianboston.com, russianchicago.com, russianla.com, russiansanfran.com, russianmiami.com, russiancleveland.com and russianseattle.com (currently offline).

ComFi is tied to Comfibook.com, which was a search aggregator website that collected and published data from many online and offline sources, including phone directories, social networks, online photo albums, and public records.

AMERICAN RUSSIAN MEDIA

Many of the U.S. city-specific online properties apparently tied to Gary Norden include phone numbers on their contact pages for a pair of Russian media and advertising firms based in southern California. The phone number 323-874-8211 appears on the websites russianla.com, russiasanfran.com, and rosconcert.com, which sells tickets to theater events performed in Russian.

Historic domain registration records from DomainTools show rosconcert.com was registered in 2003 to Unipoint Technologies — the same company fined by the FCC for not having a license. Rosconcert.com also lists the phone number 818-377-2101.

A phone number just a few digits away — 323-874-8205 — appears as a point of contact on newyork.ru, russianmiami.com, russiancleveland.com, and russianchicago.com. A search in Google shows this 82xx number range — and the 818-377-2101 number — belong to two different entities at the same UPS Store mailbox in Tarzana, Calif: American Russian Media Inc. (armediacorp.com), and Lamedia.biz.

Armediacorp.com is the home of FACT Magazine, a glossy Russian-language publication put out jointly by the American-Russian Business Council, the Hollywood Chamber of Commerce, and the West Hollywood Chamber of Commerce.

Lamedia.biz says it is an international media organization with more than 25 years of experience within the Russian-speaking community on the West Coast. The site advertises FACT Magazine and the Russian state-owned media outlet Channel One. Clicking the Channel One link on the homepage shows Lamedia.biz offers to submit advertising spots that can be shown to Channel One viewers. The price for a basic ad is listed at $500.

In May 2022, the U.S. government levied financial sanctions against Channel One that bar US companies or citizens from doing business with the company.

LEGAL ACTIONS AGAINST RADARIS

In 2014, a group of people sued Radaris in a class-action lawsuit claiming the company’s practices violated the Fair Credit Reporting Act. Court records indicate the defendants never showed up in court to dispute the claims, and as a result the judge eventually awarded the plaintiffs a default judgement and ordered the company to pay $7.5 million.

But the plaintiffs in that civil case had a difficult time collecting on the court’s ruling. In response, the court ordered the radaris.com domain name (~9.4M monthly visitors) to be handed over to the plaintiffs.

However, in 2018 Radaris was able to reclaim their domain on a technicality. Attorneys for the company argued that their clients were never named as defendants in the original lawsuit, and so their domain could not legally be taken away from them in a civil judgment.

“Because our clients were never named as parties to the litigation, and were never served in the litigation, the taking of their property without due process is a violation of their rights,” Radaris’ attorneys argued.

In October 2023, an Illinois resident filed a class-action lawsuit against Radaris for allegedly using people’s names for commercial purposes, in violation of the Illinois Right of Publicity Act.

On Feb. 8, 2024, a company called Atlas Data Privacy Corp. sued Radaris LLC for allegedly violating “Daniel’s Law,” a statute that allows New Jersey law enforcement, government personnel, judges and their families to have their information completely removed from people-search services and commercial data brokers. Atlas has filed at least 140 similar Daniel’s Law complaints against data brokers recently.

Daniel’s Law was enacted in response to the death of 20-year-old Daniel Anderl, who was killed in a violent attack targeting a federal judge (his mother). In July 2020, a disgruntled attorney who had appeared before U.S. District Judge Esther Salas disguised himself as a Fedex driver, went to her home and shot and killed her son (the judge was unharmed and the assailant killed himself).

Earlier this month, The Record reported on Atlas Data Privacy’s lawsuit against LexisNexis Risk Data Management, in which the plaintiffs representing thousands of law enforcement personnel in New Jersey alleged that after they asked for their information to remain private, the data broker retaliated against them by freezing their credit and falsely reporting them as identity theft victims.

Another data broker sued by Atlas Data Privacy — pogodata.com — announced on Mar. 1 that it was likely shutting down because of the lawsuit.

“The matter is far from resolved but your response motivates us to try to bring back most of the names while preserving redaction of the 17,000 or so clients of the redaction company,” the company wrote. “While little consolation, we are not alone in the suit – the privacy company sued 140 property-data sites at the same time as PogoData.”

Atlas says their goal is convince more states to pass similar laws, and to extend those protections to other groups such as teachers, healthcare personnel and social workers. Meanwhile, media law experts say they’re concerned that enacting Daniel’s Law in other states would limit the ability of journalists to hold public officials accountable, and allow authorities to pursue criminals charges against media outlets that publish the same type of public and governments records that fuel the people-search industry.

PEOPLE-SEARCH CARVE-OUTS

There are some pending changes to the US legal and regulatory landscape that could soon reshape large swaths of the data broker industry. But experts say it is unlikely that any of these changes will affect people-search companies like Radaris.

On Feb. 28, 2024, the White House issued an executive order that directs the U.S. Department of Justice (DOJ) to create regulations that would prevent data brokers from selling or transferring abroad certain data types deemed too sensitive, including genomic and biometric data, geolocation and financial data, as well as other as-yet unspecified personal identifiers. The DOJ this week published a list of more than 100 questions it is seeking answers to regarding the data broker industry.

In August 2023, the Consumer Financial Protection Bureau (CFPB) announced it was undertaking new rulemaking related to data brokers.

Justin Sherman, an adjunct professor at Duke University, said neither the CFPB nor White House rulemaking will likely address people-search brokers because these companies typically get their information by scouring federal, state and local government records. Those government files include voting registries, property filings, marriage certificates, motor vehicle records, criminal records, court documents, death records, professional licenses, bankruptcy filings, and more.

“These dossiers contain everything from individuals’ names, addresses, and family information to data about finances, criminal justice system history, and home and vehicle purchases,” Sherman wrote in an October 2023 article for Lawfare. “People search websites’ business pitch boils down to the fact that they have done the work of compiling data, digitizing it, and linking it to specific people so that it can be searched online.”

Sherman said while there are ongoing debates about whether people search data brokers have legal responsibilities to the people about whom they gather and sell data, the sources of this information — public records — are completely carved out from every single state consumer privacy law.

“Consumer privacy laws in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia all contain highly similar or completely identical carve-outs for ‘publicly available information’ or government records,” Sherman wrote. “Tennessee’s consumer data privacy law, for example, stipulates that “personal information,” a cornerstone of the legislation, does not include ‘publicly available information,’ defined as:

“…information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.”

Sherman said this is the same language as the carve-out in the California privacy regime, which is often held up as the national leader in state privacy regulations. He said with a limited set of exceptions for survivors of stalking and domestic violence, even under California’s newly passed Delete Act — which creates a centralized mechanism for consumers to ask some third-party data brokers to delete their information — consumers across the board cannot exercise these rights when it comes to data scraped from property filings, marriage certificates, and public court documents, for example.

“With some very narrow exceptions, it’s either extremely difficult or impossible to compel these companies to remove your information from their sites,” Sherman told KrebsOnSecurity. “Even in states like California, every single consumer privacy law in the country completely exempts publicly available information.”

Below is a mind map that helped KrebsOnSecurity track relationships between and among the various organizations named in the story above: