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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.
An excerpt from the FTC’s complaint against TruthFinder and Instant Checkmate.
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.
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.
The Lybarsky brothers Dmitry or “Dan” (left) and Igor a.k.a. “Gary,” in an undated photo.
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.
A Sherborn, Mass. property owned by Barsky Real Estate Trust and Dmitry Lybarsky.
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.
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.
A machine-translated version of Affiliate.ru, a Russian-language site that advertised hundreds of money making affiliate programs, including the Comfi.com prepaid calling card affiliate.
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.
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.
The current website for russianamerica.com. Note the ad in the bottom left corner of this image for Channel One, a Russian state-owned media firm that is currently sanctioned by the U.S. government.
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.
The website of lamedia.biz offers to sell advertising on two Russian state-owned media firms currently sanctioned by the U.S. government.
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.
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:
A mind map of various entities apparently tied to Radaris and the company’s co-founders. Click to enlarge.
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One of the most expensive aspects of any cybercriminal operation is the time and effort it takes to constantly create large numbers of new throwaway email accounts. Now a new service offers to help dramatically cut costs associated with large-scale spam and account creation campaigns, by paying people to sell their email account credentials and letting customers temporarily rent access to a vast pool of established accounts at major providers.
The service in question — kopeechka[.]store — is perhaps best described as a kind of unidirectional email confirmation-as-a-service that promises to “save your time and money for successfully registering multiple accounts.”
“Are you working on large volumes and are costs constantly growing?” Kopeechka’s website asks. “Our service will solve all your problems.”
As a customer of this service, you don’t get full access to the email inboxes you are renting. Rather, you configure your botnet or spam machine to make an automated application programming interface (API) call to the Kopeechka service, which responds with a working email address at an email provider of your choosing.
Once you’ve entered the supplied email address into the new account registration page at some website or service, you tell Kopeechka which service or website you’re expecting an account confirmation link from, and they will then forward any new messages matching that description to your Kopeechka account panel.
Ensuring that customers cannot control inboxes rented through the service means that Kopeechka can rent the same email address to multiple customers (at least until that email address has been used to register accounts at most of the major online services).
Kopeechka also has multiple affiliate programs, including one that pays app developers for embedding Kopeechka’s API in their software. However, far more interesting is their program for rewarding people who choose to sell Kopeechka usernames and passwords for working email addresses.
Kopeechka means “penny” in Russian, which is generous verbiage (and coinage) for a service that charges a tiny fraction of a penny for access to account confirmation links. Their pricing fluctuates slightly based on which email provider you choose, but a form on the service’s homepage says a single confirmation message from apple.com to outlook.com costs .07 rubles, which is currently equal to about $0.00087 dollars.
The pricing for Kopeechka works out to about a fraction of a penny per confirmation message.
“Emails can be uploaded to us for sale, and you will receive a percentage of purchases %,” the service explains. “You upload 1 mailbox of a certain domain, discuss percentage with our technical support (it depends on the liquidity of the domain and the number of downloaded emails).”
We don’t have to look very far for examples of Kopeechka in action. In May, KrebsOnSecurity interviewed a Russian spammer named “Quotpw“ who was mass-registering accounts on the social media network Mastodon in order to conduct a series of huge spam campaigns advertising scam cryptocurrency investment platforms.
Much of the fodder for that story came from Renaud Chaput, a freelance programmer working on modernizing and scaling the Mastodon project infrastructure — including joinmastodon.org, mastodon.online, and mastodon.social. Chaput told KrebsOnSecurity that his team was forced to temporarily halt all new registrations for these communities last month after the number of new registrations from Quotpw’s spam campaign started to overwhelm their systems.
“We suddenly went from like three registrations per minute to 900 a minute,” Chaput said. “There was nothing in the Mastodon software to detect that activity, and the protocol is not designed to handle this.”
After that story ran, Chaput said he discovered that the computer code powering Quotpw’s spam botnet (which has since been released as open source) contained an API call to Kopeechka’s service.
“It allows them to pool many bot-created or compromised emails at various providers and offer them to cyber criminals,” Chaput said of Kopeechka. “This is what they used to create thousands of valid Hotmail (and other) addresses when spamming on Mastodon. If you look at the code, it’s really well done with a nice API that forwards you the confirmation link that you can then fake click with your botnet.”
It’s doubtful anyone will make serious money selling email accounts to Kopeechka, unless of course that person already happens to run a botnet and has access to ridiculous numbers of email credentials. And in that sense, this service is genius: It essentially offers scammers a new way to wring extra income from resources that are already plentiful for them.
One final note about Quotpw and the spam botnet that ravaged Chaput’s Mastodon servers last month: Trend Micro just published a report saying Quotpw was spamming to earn money for a Russian-language affiliate program called “Impulse Team,” which pays people to promote cryptocurrency scams.
The crypto scam affiliate program “Project Impulse,” advertising in 2021.
Websites under the banner of the Impulse Scam Crypto Project are all essentially “advanced fee” scams that tell people they have earned a cryptocurrency investment credit. Upon registering at the site, visitors are told they need to make a minimum deposit on the service to collect the award. However, those who make the initial investment never hear from the site again, and their money is gone.
Interestingly, Trend Micro says the scammers behind the Impulse Team also appear to be operating a fake reputation service called Scam-Doc[.]com, a website that mimics the legitimate Scamdoc.com for measuring the trustworthiness and authenticity of various sites. Trend notes that the phony reputation site routinely gave high trust ratings to a variety of cryptocurrency scam and casino websites.
“We can only suppose that either the same cybercriminals run operations involving both or that several different cybercriminals share the scam-doc[.]com site,” the Trend researchers wrote.
The ScamDoc fake reputation websites, which were apparently used to help make fake crypto investment platforms look more trustworthy. Image: Trend Micro.
According to the FBI, financial losses from cryptocurrency investment scams dwarfed losses for all other types of cybercrime in 2022, rising from $907 million in 2021 to $2.57 billion last year.
Google says it has suspended the app for the Chinese e-commerce giant Pinduoduo after malware was found in versions of the software. The move comes just weeks after Chinese security researchers published an analysis suggesting the popular e-commerce app sought to seize total control over affected devices by exploiting multiple security vulnerabilities in a variety of Android-based smartphones.
In November 2022, researchers at Google’s Project Zero warned about active attacks on Samsung mobile phones which chained together three security vulnerabilities that Samsung patched in March 2021, and which would have allowed an app to add or read any files on the device.
Google said it believes the exploit chain for Samsung devices belonged to a “commercial surveillance vendor,” without elaborating further. The highly technical writeup also did not name the malicious app in question.
On Feb. 28, 2023, researchers at the Chinese security firm DarkNavy published a blog post purporting to show evidence that a major Chinese ecommerce company’s app was using this same three-exploit chain to read user data stored by other apps on the affected device, and to make its app nearly impossible to remove.
DarkNavy likewise did not name the app they said was responsible for the attacks. In fact, the researchers took care to redact the name of the app from multiple code screenshots published in their writeup. DarkNavy did not respond to requests for clarification.
“At present, a large number of end users have complained on multiple social platforms,” reads a translated version of the DarkNavy blog post. “The app has problems such as inexplicable installation, privacy leakage, and inability to uninstall.”
Update, March 27, 1:24 p.m. ET: Dan Goodin over at Ars Technica has an important update on this story that indicates the Pinduoduo code was exploiting a zero-day vulnerability in Android — not Samsung. From that piece:
“A preliminary analysis by Lookout found that at least two off-Play versions of Pinduoduo for Android exploited CVE-2023-20963, the tracking number for an Android vulnerability Google patched in updates that became available to end users two weeks ago. This privilege-escalation flaw, which was exploited prior to Google’s disclosure, allowed the app to perform operations with elevated privileges. The app used these privileges to download code from a developer-designated site and run it within a privileged environment.
“The malicious apps represent “a very sophisticated attack for an app-based malware,” Christoph Hebeisen, one of three Lookout researchers who analyzed the file, wrote in an email. “In recent years, exploits have not usually been seen in the context of mass-distributed apps. Given the extremely intrusive nature of such sophisticated app-based malware, this is an important threat mobile users need to protect against.”
On March 3, 2023, a denizen of the now-defunct cybercrime community BreachForums posted a thread which noted that a unique component of the malicious app code highlighted by DarkNavy also was found in the ecommerce application whose name was apparently redacted from the DarkNavy analysis: Pinduoduo.
A Mar. 3, 2023 post on BreachForums, comparing the redacted code from the DarkNavy analysis with the same function in the Pinduoduo app available for download at the time.
On March 4, 2023, e-commerce expert Liu Huafang posted on the Chinese social media network Weibo that Pinduoduo’s app was using security vulnerabilities to gain market share by stealing user data from its competitors. That Weibo post has since been deleted.
On March 7, the newly created Github account Davinci1010 published a technical analysis claiming that until recently Pinduoduo’s source code included a “backdoor,” a hacking term used to describe code that allows an adversary to remotely and secretly connect to a compromised system at will.
That analysis includes links to archived versions of Pinduoduo’s app released before March 5 (version 6.50 and lower), which is when Davinci1010 says a new version of the app removed the malicious code.
Pinduoduo has not yet responded to requests for comment. Pinduoduo parent company PDD Holdings told Reuters Google has not shared details about why it suspended the app.
The company told CNN that it strongly rejects “the speculation and accusation that Pinduoduo app is malicious just from a generic and non-conclusive response from Google,” and said there were “several apps that have been suspended from Google Play at the same time.”
Pinduoduo is among China’s most popular e-commerce platforms, boasting approximately 900 million monthly active users.
Most of the news coverage of Google’s move against Pinduoduo emphasizes that the malware was found in versions of the Pinduoduo app available outside of Google’s app store — Google Play.
“Off-Play versions of this app that have been found to contain malware have been enforced on via Google Play Protect,” a Google spokesperson said in a statement to Reuters, adding that the Play version of the app has been suspended for security concerns.
However, Google Play is not available to consumers in China. As a result, the app will still be available via other mobile app stores catering to the Chinese market — including those operated by Huawei, Oppo, Tencent and VIVO.
Google said its ban did not affect the PDD Holdings app Temu, which is an online shopping platform in the United States. According to The Washington Post, four of the Apple App Store’s 10 most-downloaded free apps are owned by Chinese companies, including Temu and the social media network TikTok.
The Pinduoduo suspension comes as lawmakers in Congress this week are gearing up to grill the CEO of TikTok over national security concerns. TikTok, which is owned by Beijing-based ByteDance, said last month that it now has roughly 150 million monthly active users in the United States.
A new cybersecurity strategy released earlier this month by the Biden administration singled out China as the greatest cyber threat to the U.S. and Western interests. The strategy says China now presents the “broadest, most active, and most persistent threat to both government and private sector networks,” and says China is “the only country with both the intent to reshape the international order and, increasingly, the economic, diplomatic, military, and technological power to do so.”
Millions of Americans receiving food assistance benefits just earned a new right that they can’t yet enforce: The right to be reimbursed if funds on their Electronic Benefit Transfer (EBT) cards are stolen by card skimming devices secretly installed at cash machines and grocery store checkout lanes.
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023, which — for the first time ever — includes provisions for the replacement of stolen EBT benefits. This is a big deal because in 2022, organized crime groups began massively targeting EBT accounts — often emptying affected accounts at ATMs immediately after the states disperse funds each month.
EBT cards can be used along with a personal identification number (PIN) to pay for goods at participating stores, and to withdraw cash from an ATM. However, EBT cards differ from debit cards issued to most Americans in two important ways. First, most states do not equip EBT cards with smart chip technology, which can make the cards more difficult and expensive for skimming thieves to clone.
More critically, EBT participants traditionally have had little hope of recovering food assistance funds when their cards were copied by card-skimming devices and used for fraud. That’s because while the EBT programs are operated by individually by the states, those programs are funded by the U.S. Department of Agriculture (USDA), which until late last year was barred from reimbursing states for stolen EBT funds.
The protections passed in the 2023 Appropriations Act allow states to use federal funds to replace stolen EBT benefits, and they permit states to seek reimbursement for any skimmed EBT funds they may have replaced from their own coffers (dating back to Oct. 1, 2022).
But first, all 50 states must each submit a plan for how they are going to protect and replace food benefits stolen via card skimming. Guidance for the states in drafting those plans was issued by the USDA on Jan. 31 (PDF), and states that don’t get them done before Feb. 27, 2023 risk losing the ability to be reimbursed for EBT fraud losses.
Deborah Harris is a staff attorney at The Massachusetts Law Reform Institute (MLRI), a nonprofit legal assistance organization that has closely tracked the EBT skimming epidemic. In November 2022, the MLRI filed a class-action lawsuit against Massachusetts on behalf of thousands of low-income families who were collectively robbed of more than $1 million in food assistance benefits by card skimming devices secretly installed at cash machines and grocery store checkout lanes across the state.
Harris said she’s pleased that the USDA guidelines were issued so promptly, and that the guidance for states was not overly prescriptive. For example, some security experts have suggested that adding contactless capability to EBT cards could help participants avoid skimming devices altogether. But Harris said contactless cards do not require a PIN, which is the only thing that stops EBT cards from being drained at the ATM when a participant’s card is lost or stolen.
Then again, nothing in the guidance even mentions chip-based cards, or any other advice for improving the physical security of EBT cards. Rather, it suggests states should seek to develop the capability to perform basic fraud detection and alerting on suspicious transactions, such as when an EBT card that is normally used only in one geographic area suddenly is used to withdraw cash at an ATM halfway across the country.
“Besides having the states move fast to approve their plans, we’d also like to see a focused effort to move states from magstripe-only cards to chip, and also assisting states to develop the algorithms that will enable them to identify likely incidents of stolen benefits,” Harris said.
Harris said Massachusetts has begun using algorithms to look for these suspicious transaction patterns throughout its EBT network, and now has the ability to alert households and verify transactions. But she said most states do not have this capability.
“We have heard that other states aren’t currently able to do that,” Harris said. “But encouraging states to more affirmatively identify instances of likely theft and assisting with the claims and verification process is critical. Most households can’t do that on their own, and in Massachusetts it’s very hard for a person to get a copy of their transaction history. Some states can do that through third-party apps, but something so basic should not be on the burden of EBT households.”
Some states aren’t waiting for direction from the federal government to beef up EBT card security. Like Maryland, which identified more than 1,400 households hit by EBT skimming attacks last year — a tenfold increase over 2021.
Advocates for EBT beneficiaries in Maryland are backing Senate Bill 401 (PDF), which would require the use of chip technology and ongoing monitoring for suspicious activity (a hearing on SB401 is scheduled in the Maryland Senate Finance Commission for Thursday, Feb. 23, at 1 p.m.).
Michelle Salomon Madaio is a director at the Homeless Persons Representation Project, a legal assistance organization based in Silver Spring, Md. Madaio said the bill would require the state Department of Human Services to replace skimmed benefits, not only after the bill goes into effect but also retroactively from January 2020 to the present.
Madaio said the bill also would require the state to monitor for patterns of suspicious activity on EBT cards, and to develop a mechanism to contact potentially affected households.
“For most of the skimming victims we’ve worked with, the fraudulent transactions would be pretty easy to spot because they mostly happened in the middle of the night or out of state, or both,” Madaio said. “To make matters worse, a lot of families whose benefits were scammed then incurred late fees on many other things as a result.”
It is not difficult to see why organized crime groups have pounced on EBT cards as easy money. In most traditional payment card transactions, there are usually several parties that have a financial interest in minimizing fraud and fraud losses, including the bank that issued the card, the card network (Visa, MasterCard, Discover, etc.), and the merchant.
But that infrastructure simply does not exist within state EBT programs, and it certainly isn’t a thing at the inter-state level. What that means is that the vast majority of EBT cards have zero fraud controls, which is exactly what continues to make them so appealing to thieves.
For now, the only fraud controls available to most EBT cardholders include being especially paranoid about where they use their cards, and frequently changing their PINs.
According to USDA guidance issued prior to the passage of the appropriations act, EBT cardholders should consider changing their card PIN at least once a month.
“By changing PINs frequently, at least monthly, and doing so before benefit issuance dates, households can minimize their risk of stolen benefits from a previously skimmed EBT card,” the USDA advised.
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