Sen. Warren Expands Investigation Into Equifax Breach

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Sen. Warren Expands Investigation Into Equifax Breach

Massachusetts Senator Elizabeth Warren expanded her investigation into the causes of the recent Equifax breach, the company’s response, and possible next steps.

Warren sent letters to the Chairman of the Securities and Exchange Commission (SEC), Equifax's Board of Directors, and the Department of Homeland Security (DHS), to request additional information as she continues her investigation.

The Letters

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Warren urged SEC Chairman Jay Clayton to investigate whether Equifax violated federal securities laws that prohibit public companies from misleading investors.

Warren noted that despite discovering the breach on July 29 and hiring a cybersecurity firm to investigate it four days later, Equifax failed to disclose those material facts during an investor presentation on August 16. 

"Investors who believed Equifax's August 16th presentation was complete and accurate would have suffered enormous losses if they decided to invest in the company on the basis of the presentation," wrote Warren.

In a letter to Robert Marcus, Chairman of the Compensation Committee of the Equifax Board of Directors, Warren and Senator Catherine Cortez Masto (D-Nev.) requested details on the rationale and financial consequences of the retirement, roughly a week after the Equifax data breach was reported, of two Equifax executives who had direct responsibility over data security. 

The Senators also requested information about Equifax's clawback policy, and whether the company would invoke it to recover incentive compensation from the two executives.

In a third letter, Warren wrote to DHS Acting Secretary Elaine Duke, and the Department's Acting Deputy Undersecretary of Cybersecurity, about reports that the United States Computer Emergency Readiness Team (US-CERT) warned Equifax, months before it occurred, about the exact vulnerabilities exploited during the breach.

Equifax appears to have failed to address the vulnerabilities despite US-CERT's notification. 

"I am deeply concerned about Equifax's failure to address the vulnerability US-CERT identified.

Companies like Equifax that collect massive amounts of data on millions of Americans should have the most robust data security practices.  At a minimum, that means addressing clearly identified cybersecurity threats as quickly as possible,” wrote Warren.

The Senator asked DHS to provide additional information about US-CERT's warnings to Equifax and the company's response. 


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