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Music industry giants allege mass copyright violation by AI firms

24 June 2024 at 14:44
Michael Jackson in concert, 1986. Sony Music owns a large portion of publishing rights to Jackson's music.

Enlarge / Michael Jackson in concert, 1986. Sony Music owns a large portion of publishing rights to Jackson's music. (credit: Getty Images)

Universal Music Group, Sony Music, and Warner Records have sued AI music-synthesis companies Udio and Suno for allegedly committing mass copyright infringement by using recordings owned by the labels to train music-generating AI models, reports Reuters. Udio and Suno can generate novel song recordings based on text-based descriptions of music (i.e., "a dubstep song about Linus Torvalds").

The lawsuits, filed in federal courts in New York and Massachusetts, claim that the AI companies' use of copyrighted material to train their systems could lead to AI-generated music that directly competes with and potentially devalues the work of human artists.

Like other generative AI models, both Udio and Suno (which we covered separately in April) rely on a broad selection of existing human-created artworks that teach a neural network the relationship between words in a written prompt and styles of music. The record labels correctly note that these companies have been deliberately vague about the sources of their training data.

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Guardian Analytics and Webster Bank Settle $1.4 Million Data Breach Lawsuit

Webster Bank Data Breach

Guardian Analytics Inc. and Webster Bank N.A. have agreed to pay over $1.4 million to resolve claims stemming from a data breach in 2022. The Guardian Analytics and Webster Bank data breach compromised the personal information of approximately 192,000 individuals, leading to allegations of inadequate protection of sensitive customer data. The settlement, which received final approval in federal court, addresses grievances brought forward in a consolidated class action lawsuit. Plaintiffs contended that both Guardian Analytics, a provider of data analytics services to financial institutions, and Webster Bank, failed to implement sufficient measures to safeguard sensitive customer information, including names, Social Security numbers, and financial account details.

Going Back to Guardian Analytics and Webster Bank Data Breach

During the Guardian Analytics data breach, unauthorized individuals gained access to Guardian's network systems between November 27, 2022, and January 26, 2023, obtaining the personally identifiable information (PII) of plaintiffs and class members. This data breach left affected individuals vulnerable to identity theft and other forms of fraud. The plaintiffs alleged that the defendants, Guardian Analytics and Webster Bank, breached their duty to implement and maintain adequate security measures, thereby allowing the breach to occur. As a result, plaintiffs and class members suffered various damages, including a significant risk of identity theft, loss of confidentiality of their PII, and financial losses due to inadequate data security measures.

The $1.4 Million Data Breach Lawsuit

The Guardian Analytics and Webster Bank data breach settlement agreement includes provisions to reimburse affected individuals for monetary losses, covering up to $5,000 for direct financial losses and up to $250 for ordinary losses. Additionally, the agreement compensates for four hours of lost time incurred by plaintiffs dealing with the aftermath of the breach. Individual plaintiffs, including Mark S. Holden, Richard Andisio, Edward Marshall, Ann Marie Marshall, Arthur Christiani, Johnielle Dwyer, Pawel Krzykowski, and Mariola Krzynowek, represented the class action lawsuit. Each plaintiff cited damages suffered as a result of the breach, ranging from financial losses to significant time spent rectifying the situation and monitoring accounts for fraudulent activity. The settlement serves as a reminder of the importance of robust data security measures in an era where cyber threats are increasingly prevalent. Both Guardian Analytics and Webster Bank have emphasized their commitment to enhancing security protocols to prevent similar incidents in the future. The legal proceedings shed light on the grave consequences of data breaches, including prolonged periods of identity theft resolution and financial instability for affected individuals. As technology continues to evolve, businesses must prioritize cybersecurity to protect customer data and maintain trust in an increasingly digital world.

SecurityScorecard Files Plaint against Safe Security for Allegedly Misappropriating Trade Secrets

SecurityScorecard

New York-based cyber risk ratings vendor SecurityScorecard has filed a lawsuit against its cyber risk management rival Safe Security for alleged involvement in unfair competition and misappropriating trade secrets. SecurityScorecard has accused its former employee, Mary Polyakova of being a key perpetrator of the embezzlement. According to the lawsuit, Polyakova retrieved SecurityScorecard’s confidential information like list of customers and prospects, before quitting the company last month and later joining Safe Security in Silicon Valley as its sales vice president. The breach of confidential information was apparently valued at $40 million at SecurityScorecard which includes details of 9,300 customers and prospects. In a 30-page complaint filed on Tuesday in the Southern District of New York, SecurityScorecard said, “While brazenly touting a 'revolutionary' approach to cybersecurity risk management, defendant Safe's only true 'revolution' is its unconstrained reliance upon unlawful skullduggery and unfair competition to build its business." Meanwhile, SafeSecurity CEO Saket Modi, refuting the allegations, said that his company’s competitors like SecurityScorecard were laying off many of its employees because of its poor business and this is resorting to legal retribution.

SecurityScorecard shares embezzlement details

According to SecurityScorecard, Polyakova allegedly misappropriated an exhaustive list of the company's customers and prospects, which included the Master East List and CISO Prospect Lists and later shared the information on her personal email. It claimed that if this customer information was misused by Safe Security, it could damage the business prospects of SecurityScorecard. [caption id="attachment_75297" align="alignnone" width="800"]SecurityScorecard Source: Linkedin[/caption] The company feared that Safe Security could unlawfully poach its customers, which could harm the business interests of SecurityScorecard. Before joining SafeSecurity, Polyakova had spent four years in SecurityScorecard’s sales organization. "SSC's customer and prospect list is the direct result of years of marketing and sales efforts and cannot be replicated through publicly available sources," the company said. "SSC therefore undertakes considerable efforts to maintain the secrecy of its confidential information, including the Master East List and the CISO Prospect Lists." The company alleged that apart from stealing the data and poaching customers, Safe Security used fake accounts to illegally access SecurityScorecard's customer platform and tried to enhance its own cybersecurity offerings. SecurityScorecard alleged that Safe Security misused this access to quality-check its products and make misleading comparisons on the company's website, "Safe has used a shell company or an entirely fake domain to impermissibly access the SSC [SecurityScorecard] platform to perform competitive intelligence gathering," the company said. "This appears to have included trying: (i) to see the SSC products and services purchased by SSC customers; and (ii) validating SAFE's own offerings to customers."

SecurityScorecard Wants End to Unlawful Practices

According to SecurityScorecard, Safe Security, through its actions, would be violating the former’s end-user SaaS agreement, including registration of IP addresses under fake domains. Safe Security had allegedly launched a webpage to compare its services with SecurityScorecard, the lawsuit alleged. "On April 9, 2024, Safe's Co-Founder and Chief Executive Officer, Saket Modi, bragged to SSC's President, Sachin Bansal, that Safe was interviewing former SSC employees with no real intention of hiring them for open positions," the company said. “As proof of these illicit fact-finding endeavors, Mr. Modi touted to Mr. Bansal confidential statistics on SSC's hiring and restructuring practices," it added. SecurityScorecard claimed that Safe Security had conducted fake job interviews with its employees to elicit confidential business information. The company sought monetary damages as well as stay order to stop Safe Security and Polyakova from using or disclosing the alleged stolen information. "Even when caught in this web of deceptive wrongdoing, Safe has simply adopted a 'deny, deny, deny' posture, effectively doubling down on their unlawful conduct," SecurityScorecard said, and added, "That’s precisely what necessitates the injunctive relief now sought here, to put an immediate end to these unlawful practices and protect SSC's trade secrets and confidential and proprietary information." SecurityScorecard said it had pumped in over $200 million to develop its customer and prospect base and had measures in place to protect its proprietary information.

Australian Privacy Watchdog Files Lawsuit Against Medibank Over 2022 Data Breach

Lawsuit against Medibank, Medibank, Medibank Data Breach, Medibank Data Breach 2022

The Australian privacy watchdog on Wednesday filed a lawsuit against Medibank, the country's largest private health insurer, for failing to protect its 9.7 million customers' personal information in a 2022 data breach incident.

The Australian Information Commissioner said in a civil penalty proceedings filed in the Federal Court that Medibank "seriously interfered" with the privacy of Australians by failing to take reasonable steps to protect their data from misuse and unauthorized access. These issues are allegedly in breach of the country's Privacy Act 1988, according to the OAIC.

The legal actions follow an investigation from the Australian Information Commissioner Angelene Falk into the Medibank cyberattack in which threat actors accessed the personal information of millions of current and former Medibank customers. The personally identifiable data that was stolen in this breach also ended up being published on the dark web. “The release of personal information on the dark web exposed a large number of Australians to the likelihood of serious harm, including potential emotional distress and the material risk of identity theft, extortion and financial crime,” said acting Australian Information Commissioner Elizabeth Tydd. Tydd emphasized that Medibank’s business as a health insurance services provider involves collecting and holding customers’ personal and sensitive health information.
“We allege Medibank failed to take reasonable steps to protect personal information it held given its size, resources, the nature and volume of the sensitive and personal information it handled, and the risk of serious harm for an individual in the case of a breach,” Tydd said. “We consider Medibank’s conduct resulted in a serious interference with the privacy of a very large number of individuals.”
Privacy Commissioner Carly Kind put the responsibility of data security and privacy on the organizations that collect, use and store personal information. These orgnizations have a considerable responsibility to ensure that data is held safely and securely, particularly in the case of sensitive data, she said. “This case should serve as a wakeup call to Australian organizations to invest in their digital defenses,” Kind added.

Aim and Findings of OAIC's Medibank Data Breach Investigation

OAIC commenced the investigation into Medibank’s privacy practices in December 2022 following an October data breach of Medibank and its subsidiary ahm. The investigation focused on whether Medibank's actions constituted a privacy interference or breached Australian Privacy Principle (APP) 11.1. This law enforcement mandates organizations to take reasonable steps in the protection of information from misuse, interference, and unauthorized access. The OAIC's findings suggested that Medibank's measures were insufficient given the circumstances. Under section 13G of the Privacy Act, the Commissioner can apply for a civil penalty order for serious or repeated privacy interferences. For the period from March 2021 to October 2022, the Federal Court can impose a civil penalty of up to AU$2.2 million (approximately US$1.48 million) per violation.

A spokesperson for the health insurer did not detail the plan of action against the lawsuit but told The Cyber Express that ”Medibank intends to defend the proceedings.”

Set Aside Millions to Fix the Issues

Australia's banking regulator last year advised Medibank to set aside AU$250 million (approximately US$167 million) in extra capital to fix the weaknesses identified in its information security after the 2022 data breach incident. The Australian Prudential and Regulation Authority (APRA) said at the time that the capital adjustment would remain in place until an agreed remediation programe was completed by Medibank to the regulator's satisfaction. Medibank told investors and customers that it had sufficient existing capital to meet this adjustment. APRA also said it would conduct a technology review of Medibank that would expedite the remediation process for the health insurer. It did not immediately respond to The Cyber Express' request for an update on this matter.

Medibank Hacker Sanctioned and Arrested

The United States, Australia and the United Kingdom earlier in the year sanctioned a Russian man the governments believed was behind the 2022 Medibank hack. 33-year-old Aleksandr Gennadievich Ermakov, having aliases AlexanderErmakov, GustaveDore, aiiis_ermak, blade_runner and JimJones, was said to be the face behind the screen. Post the sanctions, Russian police arrested three men including Ermakov, on charges of violating Article 273 of the country's criminal code, which prohibits creating, using or disseminating harmful computer code, said Russian cybersecurity firm F.A.C.C.T. Extradition of Ermakov in the current political environment seems highly unlikely. The legal action against Medibank serves a critical reminder for organizations to prioritize data security and adhere to privacy regulations. The outcome of this lawsuit will likely influence how Australian entities manage and protect personal information in the future, reinforcing the need for stringent cybersecurity practices in an evolving digital landscape. “Organizations have an ethical as well as legal duty to protect the personal information they are entrusted with and a responsibility to keep it safe,” Kind said.
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