Checking the purported identity against private databases, such as credit records.
Checking the person’s driver’s license or other government document to ensure it’s real and not a fake.
Checking the purported identity against government databases, such as driver’s license databases. (What if the person presents a real driver’s license, but that license was subsequently revoked?)
Perform a “who you are” biometric test against the purported identity.
If you conduct all four tests, then you have used multiple factors of authentication to confirm that the person is who they say they are. If the identity is synthetic, chances are the purported person will fail at least one of these tests.
Do you fight synthetic identity fraud?
If you fight synthetic identity fraud, you should let people know about your solution.
For example, when biometric companies want to justify the use of their technology, they have found that it is very effective to position biometrics as a way to combat sex trafficking.
Similarly, moves to rein in social media are positioned as a way to preserve mental health.
Now that’s a not-so-pretty picture, but it effectively speaks to emotions.
“If poor vulnerable children are exposed to addictive, uncontrolled social media, YOUR child may end up in a straitjacket!”
In New York state, four government officials have declared that the ONLY way to preserve the mental health of underage social media users is via two bills, one of which is the “New York Child Data Protection Act.”
But there is a challenge to enforce ALL of the bill’s provisions…and only one way to solve it. An imperfect way—age estimation.
Because they want to protect the poor vulnerable children.
By Paolo Monti – Available in the BEIC digital library and uploaded in partnership with BEIC Foundation.The image comes from the Fondo Paolo Monti, owned by BEIC and located in the Civico Archivio Fotografico of Milan., CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=48057924
And because the major U.S. social media companies are headquartered in California. But I digress.
So why do they say that children need protection?
Recent research has shown devastating mental health effects associated with children and young adults’ social media use, including increased rates of depression, anxiety, suicidal ideation, and self-harm. The advent of dangerous, viral ‘challenges’ being promoted through social media has further endangered children and young adults.
Of course one can also argue that social media is harmful to adults, but the New Yorkers aren’t going to go that far.
So they are just going to protect the poor vulnerable children.
CC BY-SA 4.0.
This post isn’t going to deeply analyze one of the two bills the quartet have championed, but I will briefly mention that bill now.
The “Stop Addictive Feeds Exploitation (SAFE) for Kids Act” (S7694/A8148) defines “addictive feeds” as those that are arranged by a social media platform’s algorithm to maximize the platform’s use.
Those of us who are flat-out elderly vaguely recall that this replaced the former “chronological feed” in which the most recent content appeared first, and you had to scroll down to see that really cool post from two days ago. New York wants the chronological feed to be the default for social media users under 18.
The bill also proposes to limit under 18 access to social media without parental consent, especially between midnight and 6:00 am.
And those who love Illinois BIPA will be pleased to know that the bill allows parents (and their lawyers) to sue for damages.
Previous efforts to control underage use of social media have faced legal scrutinity, but since Attorney General James has sworn to uphold the U.S. Constitution, presumably she has thought about all this.
Enough about SAFE for Kids. Let’s look at the other bill.
The New York Child Data Protection Act
The second bill, and the one that concerns me, is the “New York Child Data Protection Act” (S7695/A8149). Here is how the quartet describes how this bill will protect the poor vulnerable children.
CC BY-SA 4.0.
With few privacy protections in place for minors online, children are vulnerable to having their location and other personal data tracked and shared with third parties. To protect children’s privacy, the New York Child Data Protection Act will prohibit all online sites from collecting, using, sharing, or selling personal data of anyone under the age of 18 for the purposes of advertising, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. For users under 13, this informed consent must come from a parent.
And again, this bill provides a BIPA-like mechanism for parents or guardians (and their lawyers) to sue for damages.
But let’s dig into the details. With apologies to the New York State Assembly, I’m going to dig into the Senate version of the bill (S7695). Bear in mind that this bill could be amended after I post this, and some of the portions that I cite could change.
This only applies to natural persons. So the bots are safe, regardless of age.
Speaking of age, the age of 18 isn’t the only age referenced in the bill. Here’s a part of the “privacy protection by default” section:
§ 899-FF. PRIVACY PROTECTION BY DEFAULT.
1. EXCEPT AS PROVIDED FOR IN SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A THIRD PARTY TO PROCESS, THE PERSONAL DATA OF A COVERED USER COLLECTED THROUGH THE USE OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICA- TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
(A) THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND PROCESSING IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
(B) THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND PROCESSING IS STRICTLY NECESSARY FOR AN ACTIVITY SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OR INFORMED CONSENT HAS BEEN OBTAINED AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
So a lot of this bill depends upon whether a person is over or under the age of eighteen, or over or under the age of thirteen.
And that’s a problem.
How old are you?
The bill needs to know whether or not a person is 18 years old. And I don’t think the quartet will be satisfied with the way that alcohol websites determine whether someone is 21 years old.
Attorney General James and the others would presumably prefer that the social media companies verify ages with a government-issued ID such as a state driver’s license, a state identification card, or a national passport. This is how most entities verify ages when they have to satisfy legal requirements.
For some people, even some minors, this is not that much of a problem. Anyone who wants to drive in New York State must have a driver’s license, and you have to be at least 16 years old to get a driver’s license. Admittedly some people in the city never bother to get a driver’s license, but at some point these people will probably get a state ID card.
However, there are going to be some 17 year olds who don’t have a driver’s license, government ID or passport.
And some 16 year olds.
And once you look at younger people—15 year olds, 14 year olds, 13 year olds, 12 year olds—the chances of them having a government-issued identification document are much less.
What are these people supposed to do? Provide a birth certificate? And how will the social media companies know if the birth certificate is legitimate?
But there’s another way to determine ages—age estimation.
How old are you, part 2
As long-time readers of the Bredemarket blog know, I have struggled with the issue of age verification, especially for people who do not have driver’s licenses or other government identification. Age estimation in the absence of a government ID is still an inexact science, as even Yoti has stated.
Our technology is accurate for 6 to 12 year olds, with a mean absolute error (MAE) of 1.3 years, and of 1.4 years for 13 to 17 year olds. These are the two age ranges regulators focus upon to ensure that under 13s and 18s do not have access to age restricted goods and services.
So if a minor does not have a government ID, and the social media firm has to use age estimation to determine a minor’s age for purposes of the New York Child Data Protection Act, the following two scenarios are possible:
An 11 year old may be incorrectly allowed to give informed consent for purposes of the Act.
A 14 year old may be incorrectly denied the ability to give informed consent for purposes of the Act.
Is age estimation “good enough for government work”?
Gambling is becoming acceptable in more and more places.
When I was young, and even when I got older, the idea of locating a pro sports team in Las Vegas, Nevada was unthinkable. In the last few years, that has changed dramatically.
The Roblox “Robux” gambing lawsuit
Well, now that gambling for adults has become more and more acceptable (although adults in my home state of California still can’t gamble by phone), now attention is focusing on child gambling.
In a new class action lawsuit filed in the Northern District of California this week, two parents accuse Roblox of illegally facilitating child gambling.
While gambling is not allowed on the platform, which hosts millions of virtual games that cater to children and teens, the lawsuit points to third-party gambling sites that invite users to play blackjack, slots, roulette and other games of chance using Roblox’s in-game currency.
But the gambling sites’ terms of service prohibit underage gambling!
I’m not going to concentrate on Roblox here, but on the other defendants—the ones who actually operate the sites that allegedly allow child gambling.
The lawsuit specifically names RBXFlip, Bloxflip and RBLXWild as participants in “an illegal gambling operation that is preying on children nationwide.”
But according to Bloxflip’s Terms of Service, it’s impossible that children can be using the site, because the Terms of Service prohibit this.
By accessing Bloxflip or using the Services, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (i) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (ii) you are not a resident of Washington, (iii) you have the legal capacity to enter into and agree to these Terms of Service, (iv) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (v) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
However, stating a minimum age in your TOS is even less effective than other common age verification methods, such as
Asking your customer to check a box to say that they are over 18 years old.
Asking your customer to type in their birthday.
Requiring your customer to read a detailed description of IRA/401(k) funding strategies and the medical need for colonoscopies. (This would be more effective than the first two methods.)
A better way to verify and estimate ages
As more and more companies are realizing, however, there are other ways to measure customer ages, including a comparison of a live face with a government-issued identification card (driver’s license or passport), or the use of “age estimation” software to ensure that a 12 year old isn’t gambling. (And don’t forget that NIST will test age estimation software as part of its FATE testing.)
Even when the kids aren’t gambling legal currency.
Does your firm fight crooks who try to fraudulently use synthetic identities? If so, how do you communicate your solution?
This post explains what synthetic identities are (with examples), tells four ways to detect synthetic identities, and closes by providing an answer to the communication question.
While this post is primarily intended for identity firms who can use Bredemarket’s marketing and writing services, anyone else who is interested in synthetic identities can read along.
What are synthetic identities?
To explain what synthetic identities are, let me start by telling you about Jason Brown.
Jason Brown wasn’t Jason Brown
You may not have heard of him unless you lived in Atlanta, Georgia in 2019 and lived near the apartment he rented.
Jason Brown’s renting of an apartment isn’t all that unusual.
If you were to visit Brown’s apartment in February 2019, you would find credit cards and financial information for Adam M. Lopez and Carlos Rivera.
Now that’s a little unusual, especially since Lopez and Rivera never existed.
For that matter, Jason Brown never existed either.
A Georgia man was sentenced Sept. 1 (2022) to more than seven years in federal prison for participating in a nationwide fraud ring that used stolen social security numbers, including those belonging to children, to create synthetic identities used to open lines of credit, create shell companies, and steal nearly $2 million from financial institutions….
Cato joined conspiracies to defraud banks and illegally possess credit cards. Cato and his co-conspirators created “synthetic identities” by combining false personal information such as fake names and dates of birth with the information of real people, such as their social security numbers. Cato and others then used the synthetic identities and fake ID documents to open bank and credit card accounts at financial institutions. Cato and his co-conspirators used the unlawfully obtained credit cards to fund their lifestyles.
Talking about synthetic identity at Victoria Gardens
Here’s a video that I created on Saturday that describes, at a very high level, how synthetic identities can be used fraudulently. People who live near Rancho Cucamonga, California will recognize the Victoria Gardens shopping center, proof that synthetic identity theft can occur far away from Georgia.
Note that synthetic identity theft different from stealing someone else’s existing identity. In this case, a new identity is created.
So how do you catch these fraudsters?
Catching the identity synthesizers
If you’re renting out an apartment, and Jason Brown shows you his driver’s license and provides his Social Security Number, how can you detect if Brown is a crook? There are four methods to verify that Jason Brown exists, and that he’s the person renting your apartment.
Method One: Private Databases
One way to check Jason Brown’s story is to perform credit checks and other data investigations using financial databases.
Did Jason Brown just spring into existence within the past year, with no earlier credit record? That seems suspicious.
Does Jason Brown’s credit record appear TOO clean? That seems suspicious.
Does Jason Brown share information such as a common social security number with other people? Are any of those other identities also fraudulent? That is DEFINITELY suspicious.
This is one way that many firms detect synthetic identities, and for some firms it is the ONLY way they detect synthetic identities. And these firms have to tell their story to their prospects.
If your firm offers a tool to verify identities via private databases, how do you let your prospects know the benefits of your tool, and why your solution is better than all other solutions?
Method Two: Check That Driver’s License (or other government document)
What about that driver’s license that Brown presented? There are a wide variety of software tools that can check the authenticity of driver’s licenses, passports, and other government-issued documents. Some of these tools existed back in 2019 when “Brown” was renting his apartment, and a number of them exist today.
Maybe your firm has created such a tool, or uses a tool from a third party.
If your firm offers this capability, how can your prospects learn about its benefits, and why your solution excels?
Method Three: Check Government Databases
Checking the authenticity of a government-issued document may not be enough, since the document itself may be legitimate, but the implied credentials may no longer be legitimate. For example, if my California driver’s license expires in 2025, but I move to Minnesota in 2023 and get a new license, my California driver’s license is no longer valid, even though I have it in my possession.
Why not check the database of the Department of Motor Vehicles (or the equivalent in your state) to see if there is still an active driver’s license for that person?
The American Association of Motor Vehicle Administrators (AAMVA) maintains a Driver’s License Data Verification (DLDV) Service in which participating jurisdictions allow other entities to verify the license data for individuals. Your firm may be able to access the DLDV data for selected jurisdictions, providing an extra identity verification tool.
If your firm offers this capability, how can your prospects learn where it is available, what its benefits are, and why it is an important part of your solution?
Method Four: Conduct the “Who You Are” Test
There is one more way to confirm that a person is real, and that is to check the person. Literally.
If someone on a smartphone or videoconference says that they are Jason Brown, how do you know that it’s the real Jason Brown and not Jim Smith, or a previous recording or simulation of Jason Brown?
This is where tools such as facial recognition and liveness detection come to play.
You can ensure that the live face matches any face on record.
You can also confirm that the face is truly a live face.
In addition to these two tests, you can compare the face against the face on the presented driver’s license or passport to offer additional confirmation of true identity.
Now some companies offer facial recognition, others offer liveness detection, others match the live face to a face on a government ID, and many companies offer two or three of these capabilities.
One more time: if your firm offers these capabilities—either your own or someone else’s—what are the benefits of your algorithms? (For example, are they more accurate than competing algorithms? And under what conditions?) And why is your solution better than the others?
This is for the firms who fight synthetic identities
While most of this post is of general interest to anyone dealing with synthetic identities, this part of this post is specifically addressed to identity and biometric firms who provide synthetic identity-fighting solutions.
When you communicate about your solutions, your communicator needs to have certain types of experience.
Industry experience. Perhaps you sell your identity solution to financial institutions, or educational institutions , or a host of other industries (gambling/gaming, healthcare, hospitality, retailers, or sport/concert venues, or others). You need someone with this industry experience.
Solution experience. Perhaps your communications require someone with 29 years of experience in identity, biometrics, and technology marketing, including experience with all five factors of authentication (and verification).
Communication experience. Perhaps you need to effectively communicate with your prospects in a customer focused, benefits-oriented way. (Content that is all about you and your features won’t win business.)
If you haven’t read a Bredemarket blog post before, or even if you have, you may not realize that this post is jam-packed with additional information well beyond the post itself. This post alone links to the following Bredemarket posts and other content. You may want to follow one or more of the 13 links below if you need additional information on a particular topic:
Here’s my latest brochure for the Bredemarket 400 Short Writing Service, my standard package to create your 400 to 600 word blog posts and LinkedIn articles. Be sure to check the Bredemarket 400 Short Writing Service page for updates.
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