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Intellectual Property Law
: IBLS Internet Law BlogONLINE RETAIL FRAUD and RECOMMENDED DEFENSIVE MEASURES
By Jerry
Essay Submitted by:
Sarah Growcott,JD
Czech Republic
IBLS Diploma Graduate
Cyber Crime and Techno Torts
Online Retail Fraud and
Recommended
Defensive Measures
Table of Contents
1. Introduction
2. Threats to Online Retailers
i.
Payment Fraud
ii.
Fraudulent Chargebacks
iii.
Phishing
iv.
Spoofing
v.
Sophisticated Fraud
3. Defensive Measures Businesses Can Take
a.
Pre-Screening Phase
i.
3D Secure Protocol (Verified by Visa / MasterCard SecureCode)
ii.
Card Verification Devices
iii.
Digital Signatures
b.
Payment Phase
i.
Real Time Authorization
ii.
Address Verification Systems (AVS)
iii.
Card Verification Methods (CVM)
c.
Post-Screening Phase
i.
Use of Specialist Fraud Screening Services
ii.
Customizable Merchant Rules
iii.
Fraud Scoring Modules
iv.
Velocity of Use
v.
Velocity of Change
vi.
Hot / Warm / Positive Lists
vii.
Out of Wallet Checks
viii.
Manual Review
d. Account Integrity
Phase
i.
Adaptive Authentication
ii.
Post-Screen Customer Authentication Measures
iii.
CAPTCHA
iv.
Quiz Pad
4. Conclusion
5. Bibliography
1. Introduction
In 1991,
the internet was first opened to commercial use, and in the two decades since
has literally changed the face of retail almost beyond recognition, the
resultant new branch of ?ecommerce? (short for ?electronic commerce?) opening
up new doors and modes of online transactions to businesses and consumers
alike. For the first time in history, business transactions can now take place
in real-time, 24/7 without any barriers of time or distance. Consumers now have
near unlimited access to a diverse range of products or niche markets otherwise
unavailable through traditional retail outlets, which can be purchased at the
touch of button and easily traded with other consumers on C2C auction sites
such Ebay or Bidz. Online businesses benefit equally from being able to market
their products to a far wider audience than would be possible via a traditional
?bricks and mortar? establishment, while at the same time drastically reducing
standard business overheads and thereby passing on the savings to the consumer.
Today such online enterprises as Amazon, Ebay or Monster are now common
household names, while most traditional high street retailers such as Tesco or
John Lewis now also keep pace by offering an online purchase option to their
existing customer base. Statistics show that 65% of the British population has now
made a purchase online, and that internet sales have increased on average of
20% per year since 2005.[1] A recent survey conducted by Paypay also forecasts
that by the year 2011 the value of internet sales will have risen to as much as
£21.3 billion, as opposed to a projected £8.9 billion at the end of 2009.[2] In
other words, ecommerce has in a very short timeframe become an established and
increasingly significant sector of the global marketplace.
However, as with all new technologies or
modes of enterprise, retailing on the internet is not without an element of
risk, as criminal entities have likewise quickly adapted to a new medium. By
virtue of its anonymous, globalized nature, the internet can be used for good
or nefarious purposes alike depending on the intentions of the individual user.
The challenge for e-businesses and business with ecommerce offshoots is to
therefore distinguish their legitimate customers from fraudulent entities using
their websites with unlawful intent, and to keep pace with the increasing
sophistication of determined cyber criminals. As an industry sector, ecommerce is
at particular risk from fraud, with Visa estimating online fraud to be
approximately 7 times that of fraud in the offline world. This is due to the fact that online retailers
operate via a ?card not present? (CNP) environment, through which it is not
possible to check the pin number, establish the presence or appearance of the
card, or verify the identity or behaviour of the buyer using the card at point
of sale. While the introduction of Chip & Pin technology in the UK means
that card fraud in face-to-face transactions is now at its lowest level since
the collation of industry fraud losses began in 1991, by contrast online CNP
fraud has risen 350% since 2000, increasing from £150.8 million to £328.4
million between 2004 and 2008 alone.[3] Likewise in the USA, Avivah Litan, a
financial analyst for research firm Gartner, estimates that online fraud cost
internet vendors over $700 million in lost merchandise last year alone, with
the resultant retaliatory security measures put in place by internet retailers
on average costing web stores between 5 ? 8% of their overall annual sales.[4]
Ecommerce retailers not only suffer from
the highest levels of fraudulent attacks, but also receive the least protection
against incurred losses. While traditional card present retailers are covered
for fraud losses as long as they can be shown to have acted with due diligence,
in contrast the internet merchant bears the entirety of the loss ? that of the
value of goods or services sold, the resultant chargeback fee raised by the legitimate cardholder,
and finally the initial transaction fees (approximately 2 ? 5%) levied by the
credit card provider on the original sale. Furthermore, aside from the most
newsworthy of corporate security breaches, most online retailers (especially
small or medium-sized ones) enjoy little to no protection from local or
national law enforcement either. Despite the recent establishment of such professional
bodies as the Dedicated Cheque and Plastic Crime Unit (DCPCU) to combat card
crime in the UK, when struck by online fraud, most e-businesses find that law
enforcement agencies generally lack the resources or the technological savvy to
pursue all but the most high-profile of cases. As a result, the onus is very much on online retailers to take
defensive measures in preventing fraudulent transactions, with the term ?caveat
venditor? (or ?seller beware?) the accepted maxim for those who choose to
continue trading in a CNP environment.
This essay aims to explore the risks to merchants posed by fraudsters in
the online retailing environment and detail the defensive measures ecommerce
businesses may take to prevent a fraud attempt on their site from becoming a
fraud attack.
2. Threats to Online
Retailers
As any seasoned internet user will undoubtedly be aware, the world wide
web can be a platform for multiple scams and fraudulent activities. A glance
into a typical user?s email account may, for example, contain any number of
spam mails, including Nigerian 419 letters, dating scams, solicitations to
click on various software links, advertisements for Viagra, phishing mails
purportedly from banks / Ebay / Paypal urging immediate action on their
account, offers to ?get rich quick? via various stock / investment / Business
Opportunity positions and many more. Each mail in some way aims to part the
recipient with his or her money, either by obtaining their username and
password to sensitive sites via phishing or by obtaining funds via deception,
social engineering, or the provision of worthless or even potentially harmful
goods.
Ecommerce businesses may also be targeted by similar scams, though in
this case typically with the object of obtaining goods or services under false
pretences or gaining access to confidential company data, such as lists of
customer credit card numbers, on a much larger scale. The myriad of scams
perpetrated against online businesses are too many and various to document
fully here, varying naturally as they do according to nature of site. For
example, gaming sites such as PokerStars or 888.com are at risk of player
collusion, bonus abuse
via ?gnoming?, or the use of poker playing bots and social engineering (i.e.
ponzi, side bet, chip dumping scams etc) to defraud fellow players of winnings
or launder illegal funds. Online auction sites such as Ebay are equally at risk
from both seller and buyer abuse in terms of feedback manipulation, the selling
of counterfeit / faulty / misrepresented / non existent goods, shill bidding,
triangulation and user enticements to complete the transaction off site, either
through banner ads leading away from Ebay or referrals to fraudulent Escrow
sites. Likewise, social networking sites such as Facebook or MySpace, which generate
revenue through advertising, are put at financial risk if their users start to
perceive them as an unsafe place to post personal information, leading to
identity theft via false friends, phishing or PC infection through viral wall
postings. Online job portals, on the other hand, need to protect against
fraudulent Business Opportunity, Pyramid Schemes or money mule positions being
advertised on their site and discrediting their company brand.
That said,
threats to online retailers can in general be loosely grouped into a number of
distinct categories, while ecommerce businesses across the board can to some
extent take a common approach in terms of defensive measures, which I will come
to discuss at a later stage. In this essay I will limit myself to exploring the threats to ecommerce
retailers posed by cyber criminals attempting to defraud companies of goods or
services, either via online submission of fraudulent orders or through hijack
of legitimate customer accounts via phishing or social engineering. In
subsequent sections I will then go on to discuss the technological and
non-technological means by which ecommerce businesses can help prevent this genre
of fraud from being successfully perpetrated on their site. Security attacks
via technological means such as hacking, pharming, rootkits or Denial of
Service attacks will not come under the scope of this essay, while likewise online
threats to a company?s brand name in terms of cybersquatting, intellectual
property theft and online stock manipulation will similarly not be discussed
within this document.
For the purposes of this essay, it will be
assumed that the vendor in question already practices standard "defensive
computing" in terms of maintaining strong firewall protection, running
regular anti-virus scans, adhering to strict data protection policies, and
conducting regular employee training in safe computer usage. Larger businesses
will also be assumed to be utilizing Secure Socket Protocol (SSL), Digital
Certificates from Trusted Third Parties such as Verisign, and encryption tools
as appropriate, as well as maintaining a dedicated IT Security department to
protect the site against hacking attacks and other such security breaches.
Depending on the nature of the online retail site in
question (B2B, B2C, C2C etc), the main categories of online fraud can therefore
be classified as follows:
i. Payment Fraud
Payment fraud is perhaps the most frequent
crime perpetrated against online businesses, but also one of the easiest to
prevent. In a typical payment scam, smaller-scale or auction retailers may be
requested to accept a cheque over online payment methods such as Paypal or
Worldpay, ostensibly because the buyer does not wish or is unable to enter
their credit card payments on the internet. The seller agrees and issues the
goods to the buyer once the cheque has cleared. However, several days later the
cheque is found to be either stolen or counterfeit and therefore bounces,
leaving the seller liable to the bank for the balance. A variant of this scam
is known as overpayment fraud, in which the buyer either somehow ?accidentally?
issues the cheque for a higher amount than agreed, or makes an excuse for the
overpayment such as that it is to cover shipping costs, for example. The seller
is then requested to pay back the remainder by Western Union or bank transfer
once the cheque has cleared, and several days later when the cheque bounces
finds they have lost not only the goods and their monetary value, but also a
significant sum of their own money as well.
On a B2B level, online retailers selling
high-value goods or services may place trust in its business customers by
allowing them the option of selecting an invoice option at the time of online
order purchase. In a very small minority of cases, however, it may later be
discovered that the client company in question was fraudulently established or
already in liquidation at the time of sale, and that the invoice will not in
fact be paid despite the goods or services having already been provided.
Ecommerce retailers can protect against such
scams by conducting ?Know Your Customer? checks as standard, as well as not
accepting cheques from unknown entities (especially those from overseas), checking
all forms of money orders for signs of counterfeiting, and being alert to the
behaviour of their customer ? i.e. they want the item in a hurry, or are
prepared to pay in excess of the real value of the item.
Chargeback fraud is
similar to non-payment fraud, except that it involves credit or debit cards
rather than non-electronic payment forms such as cheques or postal orders.
Chargeback occurs when a genuine cardholder disputes a transaction within a
given 90 day period. A chargeback does not necessarily have to result from
fraud, but can also occur when a legitimate customer disputes quality,
representation or receipt of a product as well.
Chargebacks can cause
major financial losses to the online merchant, as in every case a fee is levied
on the business (typically about £15 - £25 depending on the provider), whatever
the reason for the dispute and even if the merchant is in the right. However, a
chargeback resulting from fraud (i.e. when a legitimate card holder disputes a
fraudulent transaction made without his or her knowledge) is particularly
damaging to the uninsured merchant. In this case the seller also loses not just
the physical goods, which by this stage have already been shipped to the
fraudster, but also their monetary value as well, as the funds now have to be
returned to the legitimate cardholder. On top of this the merchant also has to
pay the additional chargeback fees to the credit card provider. As fraudsters
will typically be drawn to high-value goods, such as electronics, jewellery,
mobile phones, computers etc, which they can then sell on at a profit, the
resultant loss to the merchant may run into thousands, particularly if multiple
fraud orders have been placed against the site at the same time.
A further variation to
this scam is ?friendly fraud?, which in itself is no less damaging to the
merchant, and indeed is only ?friendly? in the sense that the card details in
question were not used by a criminal third party. Rather, with ?friendly fraud?
the legitimate cardholder deliberately sets out to defraud a business by
purchasing high-value goods and then falsely claiming that the goods were
undelivered, so ends up with both the goods and the money they originally paid
for them, while the merchant is left once again with heavy losses as a result.
According to the 2008 edition
of the Merchant Perspective report, 96% of online vendors believe they have
fallen victim to friendly or unfriendly fraud in the past, while ecommerce
fraud is estimated to have cost businesses in excess of $9.25 billion dollars
in 2007 alone.[5] It is therefore in the
interests on online retailers to implement a combination of all of the preventive
measures discussed in the next chapter, even at a cost of sales decrease due to
the increased insult rate and abandoned orders resulting from heightened
security measures.
iii. Phishing
The terms "phishing" refers to
fraudulent emails which attempt to acquire sensitive information, such as
passwords and credit card details by lending the mail the format and appearance
of a legitimate business communication such as a bank or ecommerce site, most
frequently Ebay or Paypal. Phishing
mails are a form of social engineering attack, which by aping the appearance of
a legitimate company email deceive the recipient into clicking on a fraudulent
link, usually under the pretext of confirming their account or signing in to
receive some important new information. On clicking on the link, the victim is
then directed to a fraudulent website, where they are requested to enter their
password, credit card or other sensitive information, which then ends up in the
hands of the fraudsters. Phishing emails vary in sophistication from the very
simplistic to the highly sophisticated, linking into code and graphics from
legitimate sites.
Phishing poses a significant threat to
online retailers, both in terms of legitimate users giving away their sensitive
account information and the resultant damage to their company reputation by
simple association, despite the fact that this attack was not perpetrated from
within the company itself. Most major online retailers carry warnings on their
sites regarding phishing mails, stating that the company itself will never ask
a user to log in via an email link; however, every year a small percentage of
phishing recipients will fall victim to the scam, and with each version of a
phishing email being sent in bulk to mass mailing lists of millions, this alone
is sufficient for fraudsters to persist in this activity. In fact, a recent Gartner
report puts the cost of phishing for 2007 at $3.2 billion in the US alone.[6]
iv. Spoofing
The term
?spoofing? is used to describe
emails in which the sender address and other parts of the header are altered to
appear as though the email originated from a different source. By manipulating
the From, Return-Path and Reply-To fields of an
email message, fraudsters aim to hide the true origin of spam or phishing
emails and instead make it appear as if it comes from a legitimate sender. The
actual email origin can in fact only be verified by viewing the header
information. As with phishing, spoofing can sully a legitimate company?s
reputation by fooling users in to thinking that a fraudulent mail was sent from
within the firm itself, when in fact it actually originated from an outside
criminal source.
v. Sophisticated Fraud
Sophisticated fraudsters
may work individually or as part of a wider fraud ring, with the aim of
identifying the weak points in an ecommerce company?s process and exploiting
these for nefarious ends. Perpetrators in this case are intelligent, both
technologically and socially savvy, and above all ? patient. Sophisticated
fraudsters may work by submitting repeat orders to test dollar thresholds and
scoring rules, or at vulnerable time periods such as the run up to Christmas,
when they gamble that fraud screening measures may not be applied as
stringently as usual due to time and / or staffing constraints. They may also
employ social engineering tactics in wording their order information and
subsequent communication in ways that will not generally arouse suspicion.
Having established the components of a company?s fraud screening procedure, the
fraudsters will then typically launch both ?morph? and / or ?multiple personality?
assaults against the site. In the ?multiple personality? attack, a fraudster
will typically set up several different personas with different cards and make
periodic purchases over a 30 to 90 day timeframe, while in a slow ?morph?
assault, the fraudster will make purchases over a longer time period, only
changing the credit card, billing / shipping address etc slowly over time so as
to evade detection. In each case, however, the aim of the fraudster is to keep
one step ahead of the ecommerce merchant and continually test out the
boundaries and thresholds that are put into place in response.
3. Defensive Measures Businesses Can Take
The defensive measures an
ecommerce business may choose to take depends largely on the nature of the
company in question. For example, a small-scale, one-man site marketing Beanie
Babies is an unlikely candidate for targeted fraud attacks, as they offer
little in terms of fenceable goods. On the other extreme, online banks or
corporations holding large-scale databases of sensitive information are often
obliged to maintain 24/7 teams dedicated to site security alone. The majority
of ecommerce sites retailing medium to high value items such as electronics,
software or jewellery generally fall somewhere between these two extremes.
However much exposed to internet fraud an
e-business may deem itself to be, in all cases a clearly defined anti-fraud
strategy is an absolute must for any entity that chooses to trade online. According
to president of Fraud Practice Consulting, David Montague, there are several
distinct phases of a strategy: Pre-screen,
Payment, Post-screen and Review. Typically the pre-screen, payment and
post-screen phases are automated and occur in real-time, while the review phase
is largely manual in nature.
· The pre-screen phase is used to authenticate
a customer?s identity at initial point of sale.
·
The payment phase involves
the various checks on the payment card used, including authorization, address
verification information and card security check data.
·
The post-screen phase is typically automated, using
pre-programmed rules to distinguish legitimate orders or trusted customers from
ones flagged as potentially suspicious.
·
The review phase includes the
post-screening checks of fraud flagged orders and is typically a manual phase
involving contact with the customer.
To this I
would add an additional stage which I will term the ?account integrity? phase. This is not so much a per order phase as
detailed above, but instead consists of an ongoing site overview to both ensure
the security of legitimately established accounts and protect against hijack or
compromise via phishing and other technological or social engineering style
means.
a. Pre-Screening Phase
i. 3D Secure Protocol (Verified by Visa and
MasterCard SecureCode)
To minimize the risk
posed by fraudulent chargebacks, online retailers may choose to incorporate
Verified by Visa (VbV) and MasterCard's SecureCode into their payment process
for additional customer verification. In both cases, the buyer is prompted to
prove their identity by entering three letters of a pre-determined password
into a designated field. There is an additional processing fee incurred for
using this service; however, if retailers choose to use this program, then the
majority of liability costs shift back from the business to the card issuers,
so overall they should save money by reducing chargeback costs. However, online
retailers also have to balance security considerations with the need to ensure
a smooth transaction from the customer?s perspective and not deter sales by
blocking purchases from legitimate clients who may have forgotten their VbV or
SecureCode password, or whose pop-up prevention software obstruct the window
from showing on the page. Furthermore, not many buyers or sellers have as yet
enrolled to either program, so further fraud screening checks would still have
to be performed in the meantime for the vast majority of orders until full
roll-out in the future.
ii. Card Verification Devices
In card present transactions, Chip & Pin technology is now near
universally applied in Europe. This technology verifies that the buyer is the
rightful possessor of the card by requiring them to enter their PIN into a card
reader at point of purchase. As yet Chip & Pin technology is not available
for the vast majority of CNP sales; however, certain banks and payment aggregators
such as Barclays and Paypal are currently rolling out handheld Remote Card
Readers,
whereby the cardholder is prompted to insert their card into a pre-provided
portable card reader and enter their PIN to complete their purchase. On
validating the PIN entered, the reader then generates a one-time use passcode,
which the cardholder then enters into a designated field on the site for
authentication, and the transaction is authorized. This new technology is
likely to be instrumental in reducing online CNP fraud over the next 5 ? 10
years.
iii.
Digital Signatures
Full post as published by IBLS Internet Law Blog on December 01, 2009 (boomark / email).
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