Rueters reported that former Equifax CEO Richard Smith (who retired suddenly last week) provided written testimony that “Equifax was alerted to the breach by the U.S. Homeland Security Department on March 9,…, but it was not patched.” The October 2, 2017 report entitled “Equifax failed to patch security vulnerability in March: former CEO” included these comments about the testimony provided to the Energy and Commerce Committee:
On March 15, Equifax’s information security department ran scans that should have identified any systems that were vulnerable to the software issue but did not, the testimony said.
As a result, “the vulnerability remained in an Equifax web application much longer than it should have,” Smith said. “It was this unpatched vulnerability that allowed hackers to access personal identifying information.”
In his testimony, Smith said it appears the first date hackers accessed sensitive information may have been on May 13. He said “between May 13 and July 30, there is evidence to suggest that the attacker(s) continued to access sensitive information.”
Smith said security personnel noticed suspicious activity on July 29 and disabled the web application on July 30, ending the hacking. He said he was alerted the following day, but was not aware of the scope of the stolen data.
On Aug. 2, the company alerted the FBI and retained a law firm and consulting firm to provide advice. Smith notified the board’s lead director on Aug. 22.
We will likely continue to see bad news in the aftermath of Equifax’s confession of exposing more than 143 million individuals personal data.
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney.
This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary.
The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.