[Senate Hearing 115-129] [From the U.S. Government Publishing Office] S. Hrg. 115-129 AN EXAMINATION OF THE EQUIFAX CYBERSECURITY BREACH ======================================================================= HEARING before the COMMITTEE ON BANKING,HOUSING,AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION ON EXAMINING THE EQUIFAX CYBERSECURITY BREACH AND ITS IMPACT ON APPROXIMATELY 143 MILLION U.S. CONSUMERS __________ OCTOBER 4, 2017 __________ Printed for the use of the Committee on Banking, Housing, and Urban Affairs [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available at: http: //www.govinfo.gov / _________ U.S. GOVERNMENT PUBLISHING OFFICE 28-123 PDF WASHINGTON : 2018 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800 Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001 COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS MIKE CRAPO, Idaho, Chairman RICHARD C. SHELBY, Alabama SHERROD BROWN, Ohio BOB CORKER, Tennessee JACK REED, Rhode Island PATRICK J. TOOMEY, Pennsylvania ROBERT MENENDEZ, New Jersey DEAN HELLER, Nevada JON TESTER, Montana TIM SCOTT, South Carolina MARK R. WARNER, Virginia BEN SASSE, Nebraska ELIZABETH WARREN, Massachusetts TOM COTTON, Arkansas HEIDI HEITKAMP, North Dakota MIKE ROUNDS, South Dakota JOE DONNELLY, Indiana DAVID PERDUE, Georgia BRIAN SCHATZ, Hawaii THOM TILLIS, North Carolina CHRIS VAN HOLLEN, Maryland JOHN KENNEDY, Louisiana CATHERINE CORTEZ MASTO, Nevada Gregg Richard, Staff Director Mark Powden, Democratic Staff Director Elad Roisman, Chief Counsel Joe Carapiet, Senior Counsel Brandon Beall, Professional Staff Member Elisha Tuku, Democratic Chief Counsel Laura Swanson, Democratic Deputy Staff Director Corey Frayer, Democratic Professional Staff Member Dawn Ratliff, Chief Clerk Cameron Ricker, Deputy Clerk James Guiliano, Hearing Clerk Shelvin Simmons, IT Director Jim Crowell, Editor (ii) C O N T E N T S ---------- WEDNESDAY, OCTOBER 4, 2017 Page Opening statement of Chairman Crapo.............................. 1 Opening statements, comments, or prepared statements of: Senator Brown................................................ 2 WITNESS Richard F. Smith, former Chairman and Chief Executive Officer, Equifax, Inc................................................... 4 Prepared statement........................................... 39 Responses to written questions of the Senate Banking Committee.................................................. 45 Additional Material Supplied for the Record Letter Submitted by the Credit Union National Association........ 96 Equifax, Inc., ``Insider Trading Policy''........................ 97 Equifax, Inc., ``Corporate Crisis Management Plan, Part I''...... 111 Equifax, Inc., ``Corporate Crisis Management Plan, Part II''..... 156 Equifax, Inc., ``Corporate Crisis Management Program, Appendix H''............................................................ 180 Equifax, Inc., ``Regional Crisis Management Plan''............... 199 Equifax, Inc., ``Security Incident Handling Policy and Procedures''................................................... 233 (iii) AN EXAMINATION OF THE EQUIFAX CYBERSECURITY BREACH ---------- WEDNESDAY, OCTOBER 4, 2017 U.S. Senate, Committee on Banking, Housing, and Urban Affairs Washington, DC. The Committee met at 10:03 a.m., in room SD-538, Dirksen Senate Office Building, Hon. Michael Crapo, Chairman of the Committee, presiding. OPENING STATEMENT OF CHAIRMAN MIKE CRAPO Chairman Crapo. This Committee will come to order. This morning, we will hear testimony from Richard Smith, former chairman and chief executive officer of Equifax, who held those positions until last week. I understand that you are now serving as an unpaid advisor to the company and appreciate your willingness to testify here and appear and testify about the events surrounding the breach and Equifax's response while you were leading the company. Given the severity of this data breach, Congress will continue to examine the facts behind it and what can be done to prevent similar situations. Cybersecurity is one of the most pressing issues facing companies, as well as consumers and Governments alike, and is one of the biggest threats to our financial system. The amount of data that the private industry and Government collect and store is very concerning. There is intrinsic vulnerability in collecting and storing personal financial information, and we need to have a meaningful discussion on how to protect and limit access to it. The Banking Committee takes its oversight of credit bureaus seriously, as they are financial institutions under the Gramm- Leach-Bliley Act. Credit bureaus serve a critical function in our financial system and have become a daily part of every American's life. Every day, these institutions intersect in people's attempts to get credit cards, car loans, mortgages, and other items. Consumers may know about their involvement in their lives, such as when they directly request a credit report, but sometimes they do not, like when a company requests a background check to determine their eligibility for a cell phone. The ability of Americans to easily access credit is one of the many things that make our economy and our country the envy of the world. It is also why this breach is so shocking and concerning. Here is what we know based on information from Equifax. Equifax experienced a cybersecurity breach which potentially impacted more than 145 million U.S. consumers. The data that was taken included the names, Social Security numbers, birth dates, addresses, and in some cases driver's license numbers. In addition, credit card numbers for approximately 209,000 consumers and dispute documents with personally identifiable information for approximately 182,000 consumers were accessed. According to Equifax, the unauthorized access took place from mid-May through July 2017, with Equifax discovering the situation on July 29 and then finally cutting off the intruders. Here is what we need to know. Why did it take Equifax 6 weeks from the time it learned of the breach to tell the public, the regulators, and the 145 million American victims about it? Why were Equifax executives trading during this time? How strong were and are Equifax's cybersecurity practices? After the breach, what interactions did the company have with other credit bureaus and Government agencies, in order to understand what, if anything, can be improved in terms of information sharing and mitigating consumer harm? Additionally, there are valid and important questions about the steps Equifax has taken to remediate customers and whether more needs to be done to minimize the potential harm to those affected. In an op-ed last week, your successor admitted that answers to key consumer questions were often delayed, incomplete, or both. That same op-ed asserted that it is important to give consumers the power to protect and control access to their personal credit data. I look forward to having these questions answered and exploring different options on how companies can better safeguard consumers' information. Senator Brown. OPENING STATEMENT OF SENATOR SHERROD BROWN Senator Brown. Thank you, Chairman Crapo. The story of this data breach is a familiar one. A big financial institution screwed up. Executives walk away with millions of dollars. Tens of millions of Americans end up holding the bag. Unfortunately, Americans have come to expect that the Equifax scandal will play out the same way as the Wells Fargo scandal. A couple executives retire. Some of them lose some of their bonuses. A couple fines are issued, and only later do we find out the problems go much, much deeper. Most Americans never chose to have their data scooped up by Equifax. You have said that since 2005, Equifax has been rapidly transforming itself into a--your words--``global analytics company'' by collecting huge troves of information on people that you can sell to marketers and employers, but you almost never ask people if they want to be tracked. Most of the 145 million people--that number seems to climb every week or so--well over half of all adults in the United States, most of the 145 million people whose data you allowed to be stolen probably only had a vague idea of what Equifax was, if they had heard of you at all. Then they read in the paper that their personal information has, in fact, been compromised. But while they might not have known the name Equifax, they should have been able to expect that a company that gathers the most private information about them would have state-of-the-art protections for that information. A gold mine for hackers should be a digital Fort Knox when it comes to security. But security does not generate short-term profits. Protecting consumers apparently is not important to your business model, so you gathered more and more information. You peddled it to more and more buyers. For example, you bought a company called TALX so you could get access to detailed payroll information--the hours people worked, how much they were paid, even where they lived--7,000 businesses. You were hacked there, too, exposing the workers of one proud Ohio company, 400,000 workers at Kroger, and an unknown number of people's information to criminals who used it to commit tax fraud. In May of this year, your outside law firm stated that Equifax had instituted additional security measures in order to prevent a recurrence of the TALX incident, just like you are claiming you are doing now. Yet at that same time, hackers had already taken advantage of another security flaw to get into Equifax's system. It has been 10 weeks since you discovered this latest breach, but I still do not think we have a complete answer to the question what happened and why. We do know that this breach could have been avoided if you had taken the simple step of administering security patches, but your response after the fact may have been just as negligent. You told the House yesterday that Equifax knew at least some people's data had been exposed on August 15th. Rather than giving victims a chance to protect themselves, you withheld this information from the public for weeks. You claim that you delayed telling the public about this hack so you could get an appropriate consumer response put together, but when you finally did tell people what happened, Equifax's website and call centers were immediately overwhelmed. You even tried to take advantage of the situation by sticking victims with a forced arbitration clause buried in the credit monitoring product you were shopping to victims. Think about that. You tried to take advantage further, even with all this, when the public was so upset because you had betrayed their trust and the public trust. You stick the victims with a forced arbitration clause buried in the credit monitoring product you were shopping to victims. At least in this instance, you backed down under public pressure, unlike Wells Fargo, which yesterday under withering questions continued to resist. Chairman Crapo and I sent a letter to you on September 22nd requesting basic information. For example, is there a company policy on stock sales? I would guess so, but the best we got from the company was, quote, ``Equifax will work with Committee staff to provide a copy of the policy,'' unquote. We are not talking about trade secrets here. I just do not get the obfuscation. Despite your promise to deliver a free CreditLock product next year, all of Equifax's actions up to this point demonstrate that this simply is not a company that deserves to be trusted with Americans' personal data. Your actions have exposed over half the country's adults to financial harm. Equifax has forfeited its right to corporate secrets. So please do not make the same mistake that Wells Fargo did. Now is the time to give this Committee the whole story. Thank you, Mr. Chairman. Chairman Crapo. Thank you, Senator Brown. And now we will proceed to the testimony. We will hear testimony from Mr. Richard Smith, former chairman and chief executive officer of Equifax, Inc. Mr. Smith, your written statement will be made a part of the record in its entirety, and you may proceed with your oral remarks. STATEMENT OF RICHARD F. SMITH, FORMER CHAIRMAN AND CHIEF EXECUTIVE OFFICER, EQUIFAX, INC. Mr. Smith. Thank you, and good morning. Thank you, Chairman Crapo, Ranking Member Brown, and Honorable Members of the Committee. Thank you for the opportunity to testify before you this morning. My name again is Rick Smith, and for the last 12 years, I have had the honor of serving as chairman and CEO as Equifax. As noted, I have submitted written testimony, which addresses the details of my testimony in far more detail than I will get in my oral comments. I have talked to many consumers, and I have read their letters. I understand how frustrated and fearful many Americans are about what happened at Equifax. This criminal attack took place on my watch, and I take full responsibility as CEO at the time. I want to say to every American, I am truly and deeply sorry for what happened. Americans have the right to know how this happened, and I am prepared to testify today about what I learned and what I did about the incident and my role as CEO and chairman of the board and also what I know and what I have learned about the incident as a result of being briefed by the company's investigation, which is ongoing. As we now know, this criminal attack was made possible because a combination of a human error and a technological error. The human error involved the failure to apply a patch to our dispute portal in March of 2017. The technological error involved a scanner, which failed to detect the vulnerability on this particular portal, which had not been patched. Both errors have since been addressed. On July 29th and July 30th, suspicious activity was detected. We followed our security incident response protocol at that time. The team immediately shut down the portal and began our internal security investigation. On August 2nd, we hired top security, cybersecurity, forensic, and legal experts, and we notified the FBI. At that time, we did not know the nature or the scope of the incident. It was not until late August that we concluded that we had experienced a major data breach. Over the weeks leading up to September 7th, our team continued working around the clock to prepare to make things right. We took four steps to protect consumers: first, determining when and how to notify the public, relying on the advice of our experts that we needed to have a plan in place as soon as we announced; two, helping consumers by developing a website and staffing up a mass of call centers and offering free services to every American; three, preparing for increased cyberattacks, which we were advised are common after the notice of a breach; and finally, number four, continue to coordinate with the FBI and their criminal investigation of the hackers and notifying other Federal and State agencies. In the rollout of our remediation program, mistakes were made for which again I am deeply apologetic. I regret the frustration that many Americans felt when our websites and call centers were overwhelmed in the early weeks. It is no excuse, but it certainly did not help that two of our larger call centers were shut down for days by Hurricane Irma. Since then, however, the company has dramatically increased its capacity, and I can report to you today that we have handled more than 420 million consumer visits to our website, and the wait time at our call centers have been dramatically reduced. At my direction, the company offered a broad package of service offerings to all Americans, all of them free to help protect consumers. In addition, we developed a new service that will be available January 31st, 2018, that will give all consumers the power to control access to their credit data by allowing them to lock and unlock their credit files whenever they want for free and for life, putting the power to control access to data in the hands of the American consumer. I am looking forward to discussing this tool with you in detail during my testimony. As we have all painfully learned, data security is a national security problem. Putting consumers in control of their credit data is a first step toward a long-term solution to the problem of identity theft. But no single company could solve the larger problem on its own. I believe we need a public-private partnership to evaluate how to best protect American consumers' personal data ongoing. I look forward to being a part of that dialogue. Chairman Crapo, Ranking Member Brown, and the Honorable Members of the Committee, thank you again for inviting me to speak before you today. I will close again by saying how sorry I am about this breach. On a personal note, I want to thank the many hardworking and dedicated people who have worked with me so tirelessly over the last 12 years. Equifax is a very good company with thousands of great people trying to do the right thing each and every day. I know that they will continue to work tirelessly, as we have over the past few months to right this wrong. Thank you. Chairman Crapo. Thank you, Mr. Smith. Mr. Smith, you recently discussed the need to give consumers control of their own data. Yesterday, you said, ``It is time we change the paradigm, give the power back to the consumer to control who accesses his or her credit data. It is the right thing to do.'' But we are far from that reality today with credit bureaus. First, what needs to be changed to give consumers this power? Mr. Smith. Mr. Chairman, the start is this product we are introducing, which will come out in January of next year, which gives the consumer the ability to control who and when accesses the credit data. It will be a simple tool, Web-enabled on an application, and the consumer can simply dictate who gets access, who does not, and if he or she wants to go to a bank to get a credit card or a car loan, they simply can toggle on, open the access for the underwriter to look at their credit file, once complete, toggle off, and secure. Chairman Crapo. And it seems to me if that solution works that that is a solution or a part of the solution with regard to other private-sector actors or illegal actors. What about the Government? Does the Federal Reserve or the CFPB have access to your data, to Equifax's data? Mr. Smith. Sir, Mr. Chairman, if a consumer locks their--at the consumer level, is that the question? Chairman Crapo. Yes. Mr. Smith. If the consumer locks their file, they lock out anyone's access to that data. Chairman Crapo. So you are not in a position of being required by any Federal agency to provide this personally identifiable data to that agency? Mr. Smith. Mr. Chairman, I am not sure I understand the question. If a consumer locks their file to prevent access to their file from any other bank or telecommunications company, they would be the only ones who could unlock that file. We could not unlock that file on their behalf, if I understand the question correctly. Chairman Crapo. Even if asked by a Government agency as opposed to an inquiring bank? Mr. Smith. I would have to check that. Chairman Crapo. All right. Thank you. I would appreciate that. Mr. Smith. Thank you. Chairman Crapo. In the hearing yesterday, you mentioned that we may need to think about how secure Social Security numbers really are and if they are really the best identifier going forward for consumers. Could you give us your thoughts on that? Mr. Smith. Yes. Mr. Chairman, I worry about the fact that Social Security numbers have been out there since 1936 and used to be on our driver's license and used in our employment. You talked to many cybersecurity experts, and they say they vast majority of all SSNs have already been compromised. I am in no way skirting the issue of the horrific breach that we had. It was horrific, and I once again apologize to this Committee and to all Americans. But I would encourage a dialogue to talk about what is a better way to identify individuals, something beyond the SSN. Chairman Crapo. Do you have any ideas as to what that might be, what could we effectively transfer into? Mr. Smith. I do not, but I would love to be part of that dialogue, the combination of public and private partnership with academic, to think about that. There is a lot of thinking going on right now. I am sure with the right thought and a priority, we could crack that code. Chairman Crapo. All right. Thank you. There have been some issues and confusion relating to the product you just discussed and services that Equifax has offered in light of the breach. Some of my constituents have said they are having trouble gaining access to the remediation products being offered. What exactly are customers being offered today, and what do they need to do to obtain these products and services? Mr. Smith. Thank you. We are offering five different services for free, and to repeat, this is to all Americans, not just the victims of the criminal attack. Number one, it is a three-bureau monitoring, where you can monitor activity against your credit file from ourselves, TransUnion, and Experian. Two is the ability to lock the file. Number three is the ability to scan. We scan the dark web on behalf of the consumer looking for Social Security activity that might occur. Number four is access to our file for free, and number five is an insurance product that helps recoup costs up to a million dollars if a consumer has costs in trying to fight, repair their credit. So those are the five services we offer today to all Americans, and the other, Chairman, is the one we talked about that is available in 2018, January 31st of 2018, which is the next generation of Lock. Chairman Crapo. All right. Thank you very much. Senator Brown. Senator Brown. Thank you, Mr. Chairman. According to your testimony in the House yesterday, over the last 3 years, you have spent $250 million on cybersecurity. That is about $85 million a year, correct? Mr. Smith. Yes. That was an estimate that over the last 3 years, it is approaching a quarter billion dollars. Senator Brown. And since 2016, you have made personally about $69 million; is that correct? Mr. Smith. I have not tracked that number, to be honest. Senator Brown. In hindsight, do you think Equifax should have spent more money protecting people's data rather than compensating you so well? Mr. Smith. I look back at the money we have spent. It is not a matter of the dollars spent. It was not a financial constraint, by any means. Obviously, when you look at the issue in hindsight, it is could you have spent money differently, not the total dollars spent. There is a benchmark out there that was done by IBM that benchmarks financial services company, and their total security spend is a percent of IT. And their benchmark talks about a range of 10 to 14 percent. Our range is in the range of 12 percent. So, again, we are spending money in a range that---- Senator Brown. Well, I am going to interrupt you because I know that in the House, House hearing, there were not nearly as many questions because your answers were pretty long, and I understand the complexities of this. But you are an IT company, and that is just not acceptable. Last August, this past August at a business school event at the University of Georgia, you bragged that Equifax gets its data basically cost-free. You were also asked how you approach data fraud, and you responded, quote, ``Fraud is a huge opportunity for us.'' Your SEC filings back that up. They state that a significant portion of your revenue comes from selling credit monitoring and fraud protection services to consumers. So do you think, Mr. Smith, it is fair that Equifax gets to take its consumers' data at almost no cost, make millions by selling it to data-mining companies and marketers, then charge fees to those consumers for credit monitoring products after they become identity theft victims? Mr. Smith. Senator, the vast majority of what we do is allowing consumers to get access to credit. We take their data combined with analytics and allow underwriters at banks, credit card lenders, automotive lenders, to make loans to consumers. We make very little money as a percent of our total revenue from selling monitoring products to consumers. Senator Brown. But the point is you keep making money off people's sensitive data either way. Equifax does not get its data directly from consumers, as you know, and as several on this Committee have pointed out, it gets it from their banks, their utility companies, their employers, all without consent of the borrowers and the employees. Congress long ago, as I think you know, decided that companies could not traffic in people's medical records for obvious and good reason and that they needed to consent to a transfer. Why should not we do the same with financial records? You know how important that personal financial data is to people. Why not do the same with financial records? Do you think we need to change the consumer reporting industry in this country to give Americans ownership of the data? For example, should they be allowed to request that you delete the data from your systems? Mr. Smith. Senator, two thoughts. One is we are a vital part to the global economy. We provide a great service to the consumer enabling them to get access to credit. We also enable the unbanked because of our data to have the opportunity to get into the credit market. So it is a vital and very important role we play and have played for many, many years. Yes, there are things we can do better as an industry and working with Government, and the one thing I would like to see us talk about as an industry is this concept of giving the consumer the power to control their data. One small step forward is the concept of this lock for life. I would like to see the entire industry move in that direction. Senator Brown. I am trying to read between the lines. Is that a yes or a no to the question of should consumers be allowed to request you delete their data from your system, their data that you gather without their knowledge? Mr. Smith. I believe a better way to get at that is through this lock concept. Senator Brown. So that means no? Mr. Smith. Correct. Senator Brown. Even though we do it with medical data and even though--I mean, fundamentally, if you do not think consumers should be allowed to control their own data, the question is why should a company that has had so many security failures be allowed to control their data. That is the fundamental question that this company has not--apparently has not asked or certainly has not answered to the public. Thank you. Chairman Crapo. Thank you. And I would note to the Senators that Senator Brown and I both stayed within our 5 minutes. I encourage all of you to follow that pattern. Senator Sasse. It was kind of impressive. Senator Kennedy. It was kind of unusual. [Laughter.] Chairman Crapo. Senator---- Senator Sasse. I think it is me. Yeah. Chairman Crapo. ----Sasse. Senator Sasse. Thank you, Chairman. Mr. Smith, let us take a minute to talk about why we are here. Big picture, it is this. There is a really small group of credit bureaus in America, and by really small, I mean three. And if you are an American who buys a home or a car, you typically have to be cleared by one of those three, and even if you do not have a relationship with one of the three, if you are a consumer who did not choose this, so you think about the OPM hack, people were at least choosing to apply for a security clearance or to work for the Federal Government. We have people here who did not have any relationship with you and did not choose to engage with you. If you get a credit card from one of the countless offers that Americans get every day in their mailbox from department stores or gas stations or airlines, it is not uncommon for one of the three credit bureaus to then obtain your information. So what happens when something goes wrong? What happens when one of you big three is hacked? What happens if you are one of the 145 million Americans who, in this case, had their information stolen? What happens if 5 years from now an American has their identity information stolen? What happens when there is a reasonable suspicion that folks at your organization may have engaged in insider trading? There is a lot of anxiety that Americans feel, and they are Americans who do not have the benefit of powerful attorneys and lobbyists. And for them, this hearing is one of their only shots at getting a full account of what went wrong, who is to blame, and what is going to happen about it in the future. So I would like to discuss this question about those who were impacted by the breach and how long you think Equifax's exposure or responsibility lasts. If you are an American, if you are one of those 145 million, you do not have the ability to change your name, your mother's maiden name, your birth date, your Social Security number, and your organization has committed to providing identity monitoring services for the next year. But I am curious about whether or not Equifax and your board have deliberated. Do you think your responsibility ends in 1 year, in 2 years, in 5 years, in 10 years? And if you think it ends at some point, have you tried to think about the goodwill and balance sheet impact of all this? How can you explain to an American whose identity might be stolen later, because of this breach, why your responsibility would ever end? Does it end? Mr. Smith. I understand the question, and it ends--it extends well beyond a year, Senator. The first step we took was the five services we mentioned to the Chairman a minute ago, which gets the consumer through 1 year. The ultimate control for security for a consumer is going to the lifetime lock, the ability for a consumer to lock down his or her file to determine who they want to have access for life. Senator Sasse. But is not this--I would just interrupt. Is not this about people who might be breached in the future? I am talking about the 145 million whose data has already been stolen. Does your responsibility end, or what do you think your legal obligations are to them? Mr. Smith. I think the combination of the five services we are offering combined with a lifetime lock is a good combination of services. Senator Sasse. I actually think the innovation of some of the stuff you have proposed for the big three going forward is quite interesting, but why does any of that five really do much for the data that has already been stolen? Mr. Smith. Senator, again, the combination of the five offerings today plus the lifetime lock, we think is the best offering for the consumer. Senator Sasse. OK. I do not think you have really answered the question about whether your exposure legally ends for the 145 million. Do you know the number? Can you do the 145 million breakdown by State? Not off the top of your head, but do you have the data that we on the Committee could have by tomorrow? Just to--have you got it in your 145 million records? Can you parse it by State so each of us understands how many constituents we have---- Mr. Smith. I believe so. Senator Sasse. ----who have been exposed? Mr. Smith. We should have that capability. I am just hesitating on by tomorrow, but let me take that back to---- [Pause to confer.] Mr. Smith. We do have it. Senator Sasse. OK. Great. Thank you. It is being reported in the media this morning that you have just received a no-bid contract from the IRS for fraud prevention. Can you explain to the American people, not just as consumers who have been exposed and breached here, but as taxpayers, why in the world should you get a no-bid contract right now? Mr. Smith. I am not sure it was a no-bid. My understanding--I do not profess to have the details there, Senator--it is with the IRS. It is a contract we have had in the past. I think it is being renewed. Senator Sasse. OK. We are going to follow up with the IRS as well, but if you could clarify back with us, my team will follow up with you. I have less than a minute left, but I want to open at least the allegations that Equifax executives engaged in insider trading relating to knowledge of this cyberbreach. One of the clearest times and definitions of insider trading occurs when a business executive trades their company's stock because of confidential knowledge that they have gained from their job. I am sure you can imagine why Americans are very mad about the possibility that this occurred here. Well, insider trading is going to be discussed a lot more later in this hearing. I wish you could just very quickly give us a timeline of the first steps. When did Equifax first learn of the May 2017 breach, and when did you inform the FBI of that breach? Mr. Smith. Thank you. I will answer as quickly as I can. We notified the FBI cybersecurity forensic team and an outside global law firm on August 2nd. At that time, all we saw was suspicious activity. We had no indication, as I said in my oral testimony, of a breach at that time. You might recall that the three individuals sold stock on August 1st and 2nd. We did not have an indication of a breach until mid to late August. Senator Sasse. So you are saying that those three executives--Mr. Chairman, I will stop. You are saying those three executives had no knowledge of a breach on August 1st or 2nd? Mr. Smith. To the best of my knowledge, they had no knowledge, and they also followed our protocol to have their stock sales cleared through the proper channels, which is our general counsel. Senator Sasse. We will have follow-ups on that, please. Thanks. Chairman Crapo. Senator Tester. Senator Tester. Thank you, Mr. Chairman, and I want to thank you for being here today, Mr. Smith. I apologize for not being here during your presentation. I had a business meeting on another committee, so I did not hear your timeline. So I will give you mine, and I will start with the first notification in March of this year by U.S.-CERT that you guys had a vulnerability. Did you do anything with that notification? Mr. Smith. Yes, Senator, we did. We were notified on March 8th and on March 9th, following the traditional patch protocol. Communication was sent out. Senator Tester. Communication was sent out. Did you do anything to fix the potential vulnerability? Mr. Smith. There were two steps that I discussed in my oral testimony---- Senator Tester. Yeah. Go ahead. Mr. Smith. ----which I will walk through. One was there was a communication breakdown in the patching organization within IT. The message did not get to the right person down to the utilization of patch. Senator Tester. So, ultimately, nothing happened? Mr. Smith. Well, two things happened. Senator Tester. You did the notification, but ultimately, in the end, there was nothing done with that notification to fix that vulnerability? Mr. Smith. Senator, yes. A scan was applied looking for the vulnerability. A technology scan was applied, did not find it, so the patch was not applied. Correct. Senator Tester. OK. So let us fast forward to the 29th of July, and you learned for the first time that your company has been hacked, do not know how big the hack is, but it has been hacked, and it was preceded by this notification from U.S.- CERT. Three days after, as Senator Sasse pointed out, you had three high-level execs sell $2 million in stock. That very same day, you notified the FBI of the breach. Can you tell me if your general counsel was held accountable for allowing this stock sale to go forward, or did he not know about the breach? Mr. Smith. Senator, a clarification. On the 29th and 30th, a security person saw suspicious activity, shut the portal down on the 30th. There was no indication of a breach at that time. The internal forensics began on the 30th. On the 2nd, we brought in outside cyberexperts--forensic auditors, law firm, and the FBI. The trades took place on the 1st and the 2nd. At that time, the general counsel, who clears the stock sales, had no indication--or did the company--of a security breach. Senator Tester. Well, I am going to tell you something, and this is just a fact. And it may have been done with the best of intentions and no intent for insider trading, but this really stinks. I mean, it really smells really bad, and I guess smelling bad is not a crime. But the bottom line here is that you had a hack that you found out about on the 29th. You did not know how severe it was. You told the FBI about the breach. On that same day, high- level execs sell $2 million worth of stock, and then you do some investigation, evidently, and you find out at the end of the month that--or at least by the first part of September that this is a huge hack, and you finally notify the public. And as was pointed out already in this Committee, these are people that did not ask for your service. You gathered it, and now it is totally breached. And then, as Senator Sasse said, ``What is the length of exposure here?'' and you said, ``Well, we are doing these five things.'' That is proactive, and I think we can all applaud those efforts. But I have got to tell you, that does not do a damn thing for the people who have been--had their identity stolen and their credit rating stolen. So let me ask you this. So their credit rate goes up a little bit, and they go buy a house for 250,000 bucks on a 30- year note, and it cost them 25 grand. Are you liable for that? Mr. Smith. Senator, I understand your anger and your frustration. We apologize for the breach. We have done everything in our power to make it right for the consumer, and we think these services we are offering is a right first step. Senator Tester. Well, I would just tell you this, and I think Equifax must have--must be or been a good a company at one point in time, but this length of time on a breach this big in this day and age when we have folks that are pretty damn good at this stuff, especially when the Department of Homeland Security through U.S.-CERT says you got a problem, and was not really dealt with in a way like it was really a problem--I mean, you can say you sent out the directives, but in the end, 3, 4 months later, you end up with a very severe breach. The problem we have got here--and I will just tell you this--is that the impact and the numbers by State is important. I think it is about 600,000 adults, and I think it is about two-thirds of the adults in Montana, which is about probably 4 to 500,000 people, and in a State of a million, that is a lot, OK? And so, consequently, those people are going to be impacted negatively for a long, long time. Why? Because this happened, and you can say, ``Jeez, I am sorry it happened,'' but the notification for 6 weeks in this 21st century we live in is absolutely unacceptable. And I will just tell you that. It is unbelievable. And I appreciate you coming in front of the Committee. Chairman Crapo. Senator Scott. Senator Scott. Thank you, Mr. Chairman. Mr. Smith, thank you for being here this morning, and certainly, we all are a tad confused about the knowledge that you had and your execs had that seem to--at least their stock sales seem to suggest more information than we are getting here. So I just want to walk through the numbers as well as the timeline to better understand and appreciate what happened. You say that they did not know about the breach, but there was suspicious activity that was reported. Did you know about the suspicious activity on July the 29th? Mr. Smith. No, sir, I did not. So---- Senator Scott. You were not notified about the suspicious activity? Mr. Smith. I was but not on the 29th. So on the 29th, a---- Senator Scott. So the 31st, you were notified? Mr. Smith. Yes, correct. Senator Scott. OK. So the very next day after you were notified, your senior executives, including your CFO, sold $1.8 million, nearly $2 million of stock, for a profit of-- comparatively speaking to your September 7th devalued stock, for about $655,000. So at the price that the execs sold their stock for netted them, comparatively speaking, to the stock price that would have been on September 7th had they sold it on September 7th--they netted $655,000 during the same window that the average person who learned about the breach lost $6.4 billion or 36 percent of the stock value. Is that accurate? Mr. Smith. I have not done the math. I trust it is. Senator Scott. OK. So Equifax tells the public about the breach on September the 7th, which is 6 weeks later, and just walk through the math with me, then. The stock dropped to $92.98 a share, and it dropped from $146.26 per share, or a 36 percent loss. The executives who sold the 1.8--1.8 trillion-- $1.8 million benefited about $655,000 if you average in that 36 percent difference. There are roughly 120 million outstanding shares of Equifax. That means that folks who have Equifax stock in their retirement accounts, the mom-and-pop businesses that are saving for the future for a large purchase and they decided to invest in Equifax, all those folks bore the burden of a $6.4 billion drop in valuation at the same time that the general counsel who did not know, the CEO who did not know, so all the folks in the executive suite had no clue, but they were the luckiest investors on August the 1st to sell the stock at the best price to net $655,000. This was pure luck and nothing else. Question. Is it? Was it? Mr. Smith. No, sir. A few thoughts. Senator Scott. Thank you. Mr. Smith. Go back to the 29th and 30th. We have--we experience millions of suspicious potential attacks each year. It is not like the suspicious attack that occurred on the 29th and the 30th was the first of that year, of that month. Suspicious attacks occur all the time. That is number one. Number two---- Senator Scott. Let me ask you a question right there, sir. If you were to look back at the executives' stock sales on the other millions of suspicious activity, was there ever a suspicious activity that led to, within a 48-hour window, sale of stock? Mr. Smith. The window was open post the second quarter earnings call. It is only open for a short period of time, as you might guess. We encourage executives to sell the first part of that window's opening. As you get into the opening, you know more and more about the quarter and the financial performance of the company, so you tend to discourage sales later on in that month. So the behavior you saw was normal behavior. That is point number one. Point number two is they did follow the protocol. They got the clearance. The general counsel approved the sale. The window was not closed by the general counsel until mid-August. The last point I will make, Senator, if I may. These are three men I have known for a long time, two of them for 11 to 12 years. One has been my CFO for 3, 3\1/2\ years. These are honorable men who follow the protocol that was outlined by the organization. Senator Scott. Well, I will just close with this, Mr. Ranking Member. I believe in the rule of law for everyone. I believe that you are innocent until proven guilty, but I will say that what you guys want us to believe as a Committee, the U.S. Senate, the Congress, the investors in Equifax, and the entire Nation, what you all want us to believe is that the three luckiest investors who sold their stock did so without any knowledge that that suspicious activity may be bigger and more powerful than any other suspicious activity perhaps in the history of the company. I find that hard to believe. Senator Brown [presiding]. Senator Warner. Senator Warner. Thank you, Mr. Chairman. Mr. Smith, appreciate you being here, but we have seen a history of other companies, of Yahoo! announcing today their breach was actually 3 billion, not the billion they initially acknowledged. But for a company like yours, where American citizens have no right to opt in, we enter into no customer-based relationship with you, I think it raises a whole host of policy questions we cannot get into today, but I think this Committee needs to look at. I think we have to ask honest questions. Who owns this data? How do you get the right to this data that is our personal information, and yet your company's practices of cyberhygiene are sloppy in the extreme? The fact that there was known vulnerability, that you did not have appropriate internal controls in place to easily patch this is inexcusable. The fact that it took so long for the senior leadership to get its act together is inexcusable, and what I find, what I want to spend my time, because I could echo what my colleagues have said about how long it took and everything else, but then once the breach was known, the complete, sloppy, haphazard approach you took on remediation is again inexcusable. The fact that the site you put up, rather than you directed customers to go to, did not use your existing domain. You created a whole new domain site. In that domain site, there were known software glitches. You initially offered people what I believe was a bait-and-switch scam to say, ``We are going to give you a year of free protection, but, oh, by the way, you are going to give up all of your legal rights by agreeing to some small-print arbitration agreement.'' The fact that the site that you directed people to was so faulty and so sloppily put together, that even entities like the Architect for the Capitol would not allow users to access the site because they thought it was so vulnerable, the fact that you then also required individuals after their information had been hacked into, abused, potentially now vulnerable for who knows how long to enter in your last name and your last six digits of your Social Security number, what in heaven's name were you all thinking? The fact that your official Twitter account mistakenly tweeted a phishing link four times instead of the company's actual breach response page, I mean, even if I want to try to give you the benefit of the doubt of sloppy cyberhygiene and somebody made a mistake and you did not find until after the fact and there were mistakes made, when this was all known and you said that you created a company that was an information- based company, you had this level of sloppy cyber-response? What do you say to the 143 million-plus Americans who have had their private information violated, that even after the fact, your response was inadequate and on every level would not meet basic cyber-101-hygiene standards? Mr. Smith. Senator, I understand your frustration and the anger of the American public. I apologize not only for the---- Senator Warner. But, sir, I am not asking you to apologize. I am asking you to say how do we tell the American people. How should any American say again, ``I have got no option of opting in whether you are going to get my personal credit information''? Why should any of us have any faith that you are putting anything in place that is appropriate when the immediate actions you took after the knowledge of the hack too place was so sloppy and so inadequate in terms of your remediation site? Mr. Smith. Again, Senator, the ramp-up was overwhelming for a company that is largely doing business with other companies, and we had to go from 500 call center people to almost 3,000 in 2 weeks. We went to the Cloud Computing Amazon site for scale. We had, I think I mentioned in my oral testimony, over 400 million consumers come to a website. Senator Warner. Sir, my time is up, but I would only say telling me how many more people you hired and scaled up, that is not what my question was. My question was, Why was your site so technically flawed? Why did you send people to a new domain site that was not properly registered? Why was your Twitter account sending people to the wrong site? Why was this site so badly put together that institutions like the Architect of the Capitol would not even allow consumers to touch it because it was so faulty? For a company that claims to be an information- based company, even giving you the benefit of the doubt on everything that happened beforehand, your remediation efforts do not pass basic cyber-101-hygiene. Thank you, Mr. Chairman. Senator Roberts. Senator Perdue. Senator Perdue. Thank you, Ranking Member. Thank you, Mr. Smith, for being here today. Mr. Smith, just for the record, are you the current CEO of Equifax today? Mr. Smith. No, sir. I am retired. Senator Perdue. And you resigned your position; is that correct? Mr. Smith. Correct. Senator Perdue. Would you tell the Committee why you did that? Mr. Smith. Senator, I thought it was the best for the company to have a new leader come in and resurrect this great company. I have agreed, Senator, to work with the company for as long as needed. It has been a company I have loved working for, for 12 years. The company has done a lot of great things around the world. I have agreed to assist in any way I can for free for as long as they need. Senator Perdue. So, today, there are two issues before this Committee. I only have time in the few minutes here to get at one of these. The two issues are what happened, how did it happen, and what is going to be done to rectify that with the current individuals that were harmed by this. The second issue is a bigger issue, and that is this entire cybersecurity issue. When the now Chairman Jay Clayton of the SEC was before this Committee, we asked this same question. Under the antitrust laws, there are limitations for corporations like yours and the other guys in this business to talk to each other when you are threatened by cyberattacks; is that correct? Mr. Smith. There are ways for us to talk to different entities when needed. The agency is an example. There is a network we belong to where we talk about issues and trends in cybersecurity. We take advantage of that. Senator Perdue. So in this situation, were you able to talk to your two biggest competitors when you were warned earlier in March and then when you discovered it in July? Mr. Smith. No, Senator. Senator Perdue. So why were you not able to talk to them and warn them of similar activity? Mr. Smith. I am not sure it was that we were not able to, but we did not know enough at that time either to talk to them. Senator Perdue. So later when you did know enough internally, were you limited by antitrust law or considerations, or were you able to fully talk to these other two competitors? Mr. Smith. That, I am not aware of. Senator Perdue. OK. We think there is a problem in that the Secretary--I mean the SEC Chairman is aware of that. Actually, Senator Cardin and Senator Blunt are working on a data security act that would provide a national standard and make it clear-- because if you look at the current law, it is not clear--on these cyberbreach notifications for people within an industry and also between the companies and different agencies in the Federal Government. A national standard like this, would that be helpful for your predecessor or your successors and other people in this industry? Mr. Smith. I believe so. Chairman Crapo. Let us talk about credit report freezes. It seems to me that in the day of the app, when my 6-year-old grandson knows how to get on and get unlimited access to apps, that a person who has data stored in one of these credit companies could go on an app that--and they are online right now, how to manage your credit scores and so forth. Intuit has got them. They are all out there. What keeps you from giving the ability to freeze an account? Today, as I understand it, if you want to freeze your account, you have to go to your firm and each of the two biggest competitors and possibly others, pay a fee, get a PIN, remember the PIN, and then freeze it for--it is your determination, but to unfreeze it, you have to go back and activate the entire process again. That seems most Americans are not going to be able to do that. So what keeps the industry from actually moving toward a simple app that some individual can be informed about to preclude this sort of exposure? Mr. Smith. Senator, that is a great question. That is where we are heading. That is the July--or the January 31st product or service that we are offering, which is--will be an application on a smartphone, on a PC. It allows you to freeze or lock and unlock instantly at the time you want. I would encourage our two other competitors in the industry, Senator, to come together as an industry and offer that service to all consumers on one site. The things you could do if you had the consumers, the power at their fingertips, to lock and unlock anytime they want that for all three credit reporting agencies would be powerful. It would be a paradigm shift for the consumer. Senator Perdue. What would you tell your successor in terms of the number one--in most businesses, the number one entity they worry about is their customer. The individuals we are talking about, they really were not customers of Equifax. What advice would you give--and we have just got a few seconds left--what advice would you give your success to rectify this situation? Mr. Smith. Senator, we are a 118-year-old company. We have always prided ourselves as being a trusted steward of data. The number one thing we have got to do now as a company is regain the trust of the consumer in America. Senator Perdue. How do you do that? Mr. Smith. By doing what is right for the consumer. We are starting by doing, offering these five services, offering the lifetime lock. It takes time. When you have the size of criminal attack that we allowed to occur, it takes time to regain that trust. Senator Perdue. Thank you for being here. Mr. Smith. Thank you. Senator Perdue. Thank you, Mr. Ranking Member. Senator Roberts. Senator Warren. Senator Warren. Thank you, Mr. Chairman. Now, Mr. Smith, Equifax has been hacked several times in the past few years. It is consistently rated as having some of the worst data security practices in the financial services industry, and this latest hack happened through a hole in your system that had been identified months before and could have been fixed pretty easily. The whole thing is staggering. A company like Equifax that has sensitive personal information on most Americans should have the best data security in the industry, and instead, it has the worst. And I want to understand why. So I started to look into this, and one thing jumped out at me. In August, just a couple of weeks before you disclosed this massive hack, you said--and I want to quote you here--``Fraud is a huge opportunity for us. It is a massive growing business for us.'' Now, Mr. Smith, now that information for about 145 million Americans has been stolen, is fraud more likely now than before that hack? Mr. Smith. Yes, Senator, it is. Senator Warren. Yeah. So the breach of your system has actually created more business opportunities for you. For example, millions of people have signed up for the credit monitoring service that you announced after the breach. Equifax is offering 1 year of free credit monitoring, but consumers who want to continue that protection after the first year will have to pay for it, will not they, Mr. Smith? Mr. Smith. Senator, the best thing a consumer could do is get the lifetime lock. Senator Warren. I am asking you the question. You are offering free credit monitoring, which you say is worth something, and you are offering it for only 1 year. If consumers want it for more than 1 year, they have to pay for it; is that right? Mr. Smith. Yes, Senator, but the most--the best thing a consumer can do is the lock product. That is better than monitoring. Senator Warren. OK. But they are going to have to pay after 1 year if they want your credit monitoring, and that could be a lot of money. So far, 7.5 million people have signed up for free credit monitoring through Equifax since the breach. If just 1 million of them buy just one more year of monitoring through Equifax at the standard rate of $17 a month, that is more than $200 million in revenue for Equifax because of this breach. But there is more. LifeLock, another company that sells credit monitoring, has now seen a tenfold increase in enrollment since Equifax announced the breach. According to filings with the SEC, LifeLock purchases credit monitoring services from Equifax, and that means someone buys credit monitoring through LifeLock. LifeLock turns around and passes some of that revenue directly along to Equifax. Is that right, Mr. Smith? Mr. Smith. That is correct. Senator Warren. That is correct. OK. So from the second Equifax announced this massive data breach, Equifax has been making money off consumers who purchased their credit monitoring through LifeLock. Now, Equifax also sells products to businesses and Government agencies to help them stop fraud by potential identity thieves. Is that right, Mr. Smith? Mr. Smith. Yes, Senator. There is one clarification. You had mentioned the LifeLock relationship---- Senator Warren. Uh-huh. Mr. Smith. ----which was accurate. At the same time, the majority of that revenue we normally generate is direct to consumer. We have shut that down. We are no longer selling a consumer product directly. Senator Warren. I am sorry. My question is every time somebody buys through LifeLock--and they have seen a tenfold increase since the breach--you make a little more money. We actually called the LifeLock people to find this out. So I asked you the question, but I already know the answer. It is true. You are making money off this. So let me go to the third one. Equifax sells products to businesses and Government agencies to help them stop fraud by potential identity thieves, right? Mr. Smith. To the Government, yes, not to the business. Senator Warren. You do not sell the businesses, to small businesses? Mr. Smith. We sell to business, but it is not to prevent fraud. That is not the primary focus or business---- Senator Warren. But to stop identity theft, you do not have any products that you are touting for identity theft purposes? Mr. Smith. Senator, all I am saying is the vast majority of what we do for businesses is not fraud. Senator Warren. Look, you have got three different ways that Equifax is making money, millions of dollars, off its own screw-up, and meanwhile, the potential costs to Equifax are shockingly low. Consumers can sue, but it turns out that the average recovery for data breaches is less than $2 per consumer, and Equifax has insurance that could cover some big chunk of any potential payment to consumers. So I want to look at the big picture here. From 2013 until today, Equifax has disclosed at least four separate hacks in which it compromised sensitive personal data. In those 4 years, has Equifax's profit gone up? Mr. Smith. Mr. Smith. Yes, Senator. Senator Warren. Yes, it has gone up, right? In fact, it has gone up by more than 80 percent over that time. You know, here is how I see this, Mr. Chairman. Equifax did a terrible job of protecting our data because they did not have a reason to care to protect our data. The incentives in this industry are completely out of whack. Because of this breach, consumers will spend the rest of their lives worrying about identity theft. Small banks and credit unions will have to pay to issue new credit cards. Businesses will lose money to thieves, but Equifax will be just fine. Heck, it could actually come out ahead. Consumers are trapped. There is no competition, nowhere else for them to go. If we think Equifax does a lousy job protecting our data, we cannot take our data to someone else. Equifax and this whole industry should be completely transformed. Consumers--not you--consumers should decide who gets access to their own data. And when companies like Equifax mess up, senior executives like you should be held personally accountable, and the company should pay mandatory and severe financial penalties for every consumer record that is stolen. Mr. Chairman, we have got to change this industry before more people are injured. Thank you. Chairman Crapo [presiding]. Senator Tillis. Senator Tillis. Thank you, Mr. Chair. Mr. Smith, thank you for being here. I have one question that I want to get to. First, can you explain to me why you believe as a strategy the lock versus the delete option is in the best interest of the consumer? Mr. Smith. Yes. Senator, we, I think, provide a very valuable service to the consumer, allowing he or she to get access to credit when they want access to credit. If they are not in the system, they hinder their ability to get credit. Senator Tillis. How do you think that would--let us say that you had a delete option, so there was not a transactional opportunity for a consumer to have that information available to people who are maybe underwriting a loan. Let us say that if you took that to the logical conclusion and had all three of the information providers delete your financial record, how do you think that would affect somebody who is trying to apply for a mortgage or a loan or a credit card? Mr. Smith. We know what would happen. If you are not in the credit ecosystem, you do not get a loan. Senator Tillis. Do you think that is maybe even particularly more pronounced, given some of the changes that we have with financial regulations and underwriting practices and scrutiny from the Federal Government? Mr. Smith. I do. Senator Tillis. Look, the point that I am trying to make here is you all have a problem. I associate myself with a lot of the concerns. One thing I would ask you to do, you said the three individuals in question for a stock disposition are honorable people, that you have known them for several years. They have been employed by Equifax for several years. I think it would be very helpful to see what their pattern of stock dispositions have been over the years to see the process they have gone through, because I think that that would be helpful for this Committee. I think there is an appearance issue there that you all should--or that Equifax and the individuals should step up and address. Look, here is the other thing that we could be missing here. You all made a big mistake. You sound like you have got some remediation practices in place. I think you do have to get right on the long-term obligation you may have. There is a difference between a breach and exploitation. At least the other day, when I asked about any evidence of exploitation of the data breach, we have not seen any yet, but it seems to me, you have got to create some sort of a footprint on the data that was exploited so that over time, you could make a reasonable decision about whose problem it is to remediate any exploitation beyond the year pathway. Another thing--I mentioned it yesterday with Wells Fargo-- that I think is very important, the problem that resulted for maybe controls and processes at Equifax should be your problem, not the consumer's problem. In other words, you need to make it very easy and no cost to the consumer to fix a problem that they became a part of, and rather than you get into the details in this Committee, it would be helpful for me to get some assurances that that is the case. I use an example of an inappropriate parking ticket that I got using a park mobile app in Charlotte. When I called the folks up and said, ``I got a receipt right here,'' they said, ``Well, you can go through 2 or 3 weeks. You can appeal. You can file it, and we are sure that it was because maybe your license tag got mixed up.'' I said, ``My license tag at the time was a 3.'' So I think they should have been able to figure it out, but they were trying to make their problem my problem. And you need to be absolutely certain--or Equifax and the people that are taking the helm need to be absolutely certain that they can convince us that you are addressing this and not making your problem the consumer's problem. I do think it is very important for people to understand the potential chilling effect that you could have if you erase your financial history from the system. We expect you all to protect it, and we expect you all to be good stewards of it. In this case, a variety of factors led to that not being the case, but we have to get there. I had another--just a comment to make. You are an aggregator of data. What this Committee and every committee that is taking a look at for cybersecurity needs to understand, the broad exposure that we have in this country. You are an aggregator of data. Again, I would think that your systems should be more impervious to attacks than mom-and-pop shops and other people who are aggregators of data based on their purchasing platforms and their supply chains. Congress needs to start thinking big picture here and how we can get the U.S. economy to a point to where when you become difficult or more difficult to penetrate, then I just go to the sources. And then I can pick it off and maybe actually do it in organizations that are far less sophisticated than you. If people think that the credit reporting agencies and the big banks are the only ones that are vulnerable, I would suggest that you go get a book that I have got on my desk right now in my office. It is called ``Hacking for Dummies''. It is a very important book for you all to understand, for the industry to understand, and for Congress to understand. You need to be held accountable. Equifax needs to be held accountable. We need to be held accountable for actually getting beyond the shiny objects of this breach, which are really important, and you need to protect the consumers and recognize we have a role to play to protect this economy, otherwise this is not going to end. It will be the CEO of the week and the breach of the week, and that is not the way that we should be leading from Capitol Hill. Thank you for being here, and we will potentially submit some other questions for the record. But I think it is in your best interest or those who are working with Equifax to give us more information on the stock disposition patterns for the executives in question. Thank you very much. Mr. Smith. Thank you. I understand, Senator. Chairman Crapo. Senator Heitkamp. Senator Heitkamp. Thank you, Mr. Chairman. North Dakota is a State of about 740,000 people. Our Attorney General estimates that 248,000 North Dakota families have been affected by this, and let me tell you, I have heard from a lot of them. And I want to just tell you that I am deeply concerned about the remedial efforts and how all of that rolled out to begin with. First off, if you have this level of information on consumers that they did not give you--that is all part of this thing that Elizabeth was talking about--and you do not have a system in place for a fire drill on what you do if you are breached, after you told us that you get notifications all the time of potential breaches--and then you say, ``Oh, we had to create all of this system. We had to create this thing out of whole cloth,'' right? That is what you have told us--why the roll-out after the breach was notified, why it went so poorly, and why people were not protected, and why in many cases, it was like, ``OK. We are going to charge you a fee if you do this. We are going to do this,'' my consumers are like, ``Why do I have to now spend money to protect myself when it is their fault?'' And so I think it is not enough for you to say, ``My goodness, look at the magnitude of this,'' when you should have anticipated it, the same way you should anticipate whether you have a fire in a building. You should be ready when it happens, and it goes to what Senator Tillis just said. We all know it is going to happen again, and I am saying this because I want all CEOs who have access to this kind of information to know I am going to ask a question on what they are doing to prepare, to prepare for a breach. Now I want to get back to the FBI. You said, ``Look, we get a lot of these breaches. You know, this happens all the time. We did not realize it was as serious as what it was.'' What is the date you notified the FBI, and who made that notification? Mr. Smith. Senator, the date was August 2nd. The head of security at that time would have notified the FBI, the cybersecurity forensic team, and King & Spalding. Senator Heitkamp. And when would the head of security have notified your chief legal counsel or chief legal officer? Mr. Smith. On and around that same time. Senator Heitkamp. Yeah. And when did he approve the stock trades? Mr. Smith. Senator, he approved the stock trades on the 1st and the 2nd for the three individuals. At that time, as I alluded to earlier, it was a suspicious activity. There was no indication of a breach at that time. Senator Heitkamp. How many times do you notify the FBI? You do that every day, every week? Mr. Smith. I do not have that specific data, but it is not unusual. I mentioned earlier that we have millions---- Senator Heitkamp. I get that. I want to know how many times when you are notified, you actually turned around and notified the FBI. Mr. Smith. We can get that information. I do not have that. Senator Heitkamp. Yeah. Well, that is a problem because it looks pretty suspicious, and your chief legal officer has some explaining to do because even after he knew that there was a notification to the FBI about this level of breach, he did not clawback or try to undo those transactions and reverse what clearly appears to be a pretty beneficial situation for three of your employees. I want to talk about remedial measures and go back to consumers. Obviously, we are in this very big discussion about what we are going to do with mandatory forced arbitration. You know, it is interesting because if I go out there and sign a contract with somebody, maybe I can protect myself. Maybe I cannot. I do not think that fine print in a contract is exactly anything other than illusory, but we can argue that point. But why should you ever make that choice and mandate forced arbitration in your business? Mr. Smith. Senator, a point of clarification--and this is part of our--my apology earlier--the intent was never to have arbitration clause in the product that--the services offered to the consumer at that time. It was a part of a boilerplate. It was a part of a product we were offering to consumers prior to the breach. It was a mistake we made. Senator Heitkamp. But let us just ignore for a minute the breach. Why should the consumer not be able to make that choice, especially in this situation when the consumer is not your community? Mr. Smith. Again, to be clear, that was not the intent for the breach. Arbitration clause is a legally, viable path for us to take at this time. That is why it was in the consumer offering. Senator Heitkamp. Yeah. Well, I think we have got some real challenges in taking a look at how we provide a real remedy to consumers in this situation, and this will not be the first time that we have a hearing like this. We had one yesterday; we are having one today. But I guess my warning, Mr. Chairman, would be I am going to ask every person out there who has responsibility as a CEO for consumer data to do the right thing, and that is right now start thinking about if this happens to me, how do I treat my consumers and the people who have lost their personal data. And maybe we ought to start thinking about opting in as opposed to opting out. And so I want my credit locked until I do not--until I unlock it. Why cannot I have that option? Why do I have to pay to have my credit locked? Mr. Smith. Senator, you do not. It is free. It is part of the offering we just made. Senator Heitkamp. For the breach, yeah. Mr. Smith. For lifetime. Chairman Crapo. Senator Schatz. Senator Schatz. Thank you, Mr. Chairman. You are retired as of last week. You leave with your base salary, unvested options, and a pension, roughly valued at $90 million. Help me to understand why that is fair. Mr. Smith. Those numbers do not resonate with me, Senator. Senator Schatz. Well, what is the number, then? You should know. Mr. Smith. Clarification. I stepped down last week. I told the board at the time I stepped down, I will not take a bonus. There is on severance. I will work for as long as the company needs for free. I have asked for nothing. What I walk away with is a pension that I have earned over my career and unvested equity that was given to me and I earned in the past. Senator Schatz. Is it fair to say that is in the tens of millions of dollars? Mr. Smith. It is in the proxy. The proxy discloses the value of the---- Senator Schatz. Right. And that is how we got to $90 million, but if it is $45 million or it is $23 million or it is $38 million, my question stands. How is that fair? Mr. Smith. The pension, Senator, is something I have earned for my career, and the other piece is the earned equity I have already been given. Senator Schatz. Do you think that is fair? Mr. Smith. Senator, I grew up as a young guy in Midwest. I never envisioned having a career like I have had for the last 36 years. I have been fortunate. I have worked hard, and I do not set those compensation levels. The board does, and the board is elected every year. Senator Schatz. Your investor presentation from August 16th, 2017, mentions nothing about the data breach, even though by July 29th, you knew that your system had been compromised. By August 2nd, you had retained outside counsel and informed the FBI. I understand that you periodically inform the FBI. I assume you do not necessarily consistently retain outside counsel. I assume at some point around August 2nd, you knew that something more significant than usual was up; is that true? Mr. Smith. No, that is not true, Senator. It was not until later in August that we had some indication, the size, the scope, and the complexity of the breach. It was not on August 2nd. Senator Schatz. So August 16th, your message to investors was, quote, ``Enduring business fundamentals support long-term growth,'' and the first time data security is mentioned is at the end of your materials where you tout your role as a trusted steward of consumers' data. Do you think that Equifax should have disclosed the possibility of a major data breach to its investors? Mr. Smith. Senator, we talk to investors routinely. We disclose in our 10-K and Q's that one of the greatest risks we pose each and every day and fight every day is cybersecurity. Senator Schatz. Right. But you retained outside counsel. You informed the FBI. People are liquidating their stock, and I guess I am wondering whether that pattern seems to indicate that somebody knew something pretty significant was up. But somebody made a judgment to not disclose that, not just to 143 million Americans but also investors. It seems to me that that is material. It seems to me that that is reportable, and whether or not you follow the letter of the law, it seems to me that investors ought to know if something is going to impact the company. And you had to have some clue that this was percolating in a negative way. Mr. Smith. Senator, we are very transparent with our investors that security is always a risk. They are very well aware of that. They price that into their value of the company. Obviously, on the 16th, I think, is what you refer to, the investor relations team had a presentation, on or around the 16th. We had not gone public with anything. We did not know the scope or the size of a breach, so obviously, we could not disclose that at the investor meeting. Senator Schatz. Right. So you did not know the total scope and size of the breach. I get that. So you decided not to disclose it at all? Mr. Smith. To the investors? Senator Schatz. Yes. Mr. Smith. Yes. Because at that time, we were even uncertain if there was a breach at that time, and you could not go to an investor base and tell an investor base something before we had gone public with something. Senator Schatz. And why would not you inform the public about it? Mr. Smith. Sir, the timeline, as I walk through, from the 28th, 29th, and 30th of July through September 7th lays that out, and it was not until late August we actually had an indication of the breach. Senator Schatz. So what happened on July 29th? Mr. Smith. July 29th is when a security individual saw suspicious activity, on the 30th saw it again, shut down the portal to stop the incident. Senator Schatz. And then it took you 6 weeks to figure it all out? Mr. Smith. Yes. Again, we bring in the cybersecurity experts who do this for a living, and the complexity, the size, the movement---- Senator Schatz. You do not do it very well for a living, except to the extent that you make massive profits off of making mistakes. I understand you do this for a living, but to the extent that none of us have the volition to enter into a contract with you, you are not doing it well for a living, except that you are all making a very nice living at it. Thank you, Mr. Chairman. Senator Brown [presiding]. Thank you, Senator Schatz. Before calling Senator Kennedy, I want to do a clarification. Senator Sasse asked about if you had State-by- State information. You seemed unsure. Your team informed you in real time that, in fact, you did have that. Chairman Crapo and I had sent a letter September 22nd requesting that State-level data on victims, so it appears that your team has this information. Why was it not provided to us in response to our September 22nd letter to the Chairman and me, the State-by-State data? [Pause to confer.] Mr. Smith. I was just informed by Senator Chambliss that it was given to each of the State AGs earlier. There are, as you saw, a released by the company--I believe it was Monday--of another 2.5 million consumers impacted. That has not yet been distributed to the AGs. I am told the AGs, State AGs have that record. Senator Brown. OK. We are not the State AGs, and the Chairman of the Banking Committee and the Ranking Member cosigned a letter. We do a lot of things bipartisanly in this Committee, and that letter was sent--it looks like 2 full weeks ago, and it was not provided, so I hope that you will get that to us quickly. And that is not the way that you should operate. Senator Kennedy. Senator Kennedy. Thank you, Mr. Chairman. Thank you for being here. I am over here, Mr. Smith. I found out about Equifax's contract with the Internal Revenue Service in an interview this morning with Stuart Varney. How big is that contract? Mr. Smith. Senator, I saw it this morning as well. Maybe it was last night, and it referenced a $7.5 million contract. I am not sure if that is multiyear. Senator Kennedy. Do you have other contracts with the Internal Revenue Service? Mr. Smith. We may, sir, but I am not aware of it. Senator Kennedy. Could you get me a list of all of Equifax's contracts with various Governments? Mr. Smith. Yes, Senator, we can do that. Senator Kennedy. The contract, the 7-million-and-change contract, does that involve taxpayer information that you would have access to? Mr. Smith. Senator, it is my understanding--I am not professed to be deep in this particular contract--it is to prevent fraudulent access to the IRS, but beyond that, I--if you want more information, we can get that for you. Senator Kennedy. Well, you realize to many Americans right now, that looks like we are giving Lindsay Lohan the keys to the mini bar. Mr. Smith. I understand your point. Senator Kennedy. Let me ask you about a credit freeze. I went through that. I have frozen my credit at all four of the bureaus. I would like a commitment from you today that you are going to ask your former company, though I think you still own quite a few shares--I want you to make a commitment to putting a free app available to anybody so that you can just go to your app, toggle on and off, access to your credit files. Mr. Smith. Senator, I agree with you. We like that idea. That is going to go live for every American consumer the end of January 2018. That will be free for life. Senator Kennedy. So you are committing to do it? Mr. Smith. Yes. Senator, we have been working on that for months. Senator Kennedy. OK. This whole unfortunate experience, Mr. Smith, has raised larger issues, and one of the issues that it has raised is to whom does your former company--I will call it your current company because you are still working there. To whom does your company have an obligation? My understanding of your business model is that you collect my information without my permission. You get the information. You take it along with everyone else's information, and you sell that information to businesses. Is that basically correct? Mr. Smith. That is largely correct. Senator Kennedy. And you also have a premium service to monitor the information that you collect about me. So if there is some bad information that you collect about me, you sell me a service to monitor it and correct it; is that right? Mr. Smith. Senator, just a clarification. Roughly 90 percent of everything we do is helping banks and others make informed decisions about lending money to consumers. The monitoring you are referring to, to consumers, is a very small piece of what we do. Senator Kennedy. But it just seems incongruent to me that you have my information. You do not pay me for it. You do not have my permission. You make money collecting that information, selling it to businesses, and I think you do a service there. Do not misunderstand me. And you also come to me--you cannot run your business without me. My data is the product that you sell, and you also offer me a premium service to make sure that the data you are collecting about me is accurate. I mean, I do not pay extra in a restaurant to prevent the waiter from spitting in my food. You understand my concern? Mr. Smith. I understand your point, I believe, but another way to think about that is the monitoring part that you are referring to, Senator, in the future is far less required if you as a consumer have the ability to freeze or lock, as we call it, and unlock your file. And that is free for life. Senator Kennedy. But it is not just the freeze part. What if you have bad information about me? Have you ever--has an agency ever had bad information about you, and you had to go through the process of correcting it? Mr. Smith. Yes, Senator. There is a process that if---- Senator Kennedy. It is a pain in the elbow, isn't it? I mean, the burden is kind of on--you have my data, which you have not paid me for. You are earning a good living, which I do not deny you. I believe in free enterprise. I think this is a very clever business model you have come up with, but you are earning your money by selling my data, which you get from me and do not pay me for, to other people. But if the data is wrong that you have about me, I would think you would want to make it as easy as possible to correct it, not as hard as possible. Mr. Smith. I understand your point, and it is an important point for the entire industry to make the process as consumer- friendly as possible. If there is an error on your utility bill, if there is an error on your bank bill, your credit card statement, to work with consumers and make that---- Senator Kennedy. Well, can you commit to me today that Equifax is going to set up a system where a consumer who believes that Equifax has bad information about him can pick up the phone and call a live human being with a beating heart and say, ``Here is this information you have about me that you are selling to other people. You are ruining my credit, and it is not true. And I want to get it corrected. How are you going to correct it? What information do you need from me to prove that it is incorrect, and when are you going to get back to me? And give me your name and phone number so I can call you''? Mr. Smith. Senator, I understand your point. There is a process that exists today. I would be more than happy---- Senator Kennedy. Yeah. And it is difficult, Mr. Smith. Mr. Smith. I would be more than happy to get the company to reach out to your staff, explain what we do and what we are doing to improve that process. I hear you. Senator Brown. OK. I thank you, Senator Kennedy. Senator Kennedy. I am sorry. I went way over. I apologize. Senator Brown. That is all right. Senator Donnelly. Thank you, Mr. Chairman. Mr. Smith, on September 19th, myself, Senator Heller, Senator Tester, Senator Menendez sent you a letter, and the letter we sent expressed concerns about the impact on the roughly 1.3 million active duty U.S. military personnel, especially the nearly 200,000 currently stationed overseas who may lack the access and resources required to place a credit freeze on their files or take other necessary measures to adequate protect their personal information. We requested you immediately detail the specific actions Equifax will take to ensure our servicemembers are not victimized any further by thieves with access to personal information, such as Social Security numbers, dates of birth, and home addresses. In response, I received a generic letter from Equifax that never even mentioned servicemembers, that basically said thank you for your interest. In your written testimony today, you also make no mention of our servicemembers or the military. So I will again ask a question that should have been answered: What specific actions will Equifax take to ensure our servicemembers are not victimized any further? Mr. Smith. Senator, let me apologize if we did not get back to you. That was--someone dropped the ball, and I will look into that quickly for you. The servicemembers around the world have the same ability, if they have access to the Internet, to freeze, lock, get access to products. If not, they have the ability to have a power of attorney in the U.S. to act on their behalf. Senator Donnelly. Well, let me ask you about some of our young men and women who are at forward operating bases in Iraq or in Afghanistan, who may be somewhat other occupied---- Mr. Smith. Yeah. Senator Donnelly. ----than having the chance to get on the computer and get their lock going on. So let me ask again and say for those members who are serving in remote or high- conflict areas, what is it that you can do to make sure that their identities and financial information are safe? Mr. Smith. Again, they have the ability to have a power of attorney, and that power of attorney can act on their behalf. Senator Donnelly. You know, that is pretty weak tea for someone who is in a location where they may be occupied keeping our country safe and having their hands full with others. Mr. Smith. Senator, let me take that on. I will get back with the company and see if there is anything else we can do specifically for those overseas. Senator Donnelly. Let me ask you another question. Due to the cyberattack, roughly 145 million Americans have had their information compromised, and Equifax has said you now offer free credit freeze. But there is also Experian and TransUnion, and what I want to know is, Will Equifax also offer free credit freezes at Experian and TransUnion to ensure consumers are protected from theft and fraud? Mr. Smith. Senator, the lock that we offer for free for life is a product that I believe the entire industry should rally around. It is my understanding that TransUnion, one of the two other credit reporting agencies, also offers a lock product for free. It is my understanding it is not for life at this time, but they offer it for free. Senator Donnelly. Well, this breach was caused by Equifax. What will Equifax do to ensure that there are free credit freezes for those 145 million Americans at Experian and TransUnion as well? I do not want to see folks have to rally around this or rally around that or try to figure out how to navigate the Internet to get it done for themselves. What will you do for those 145 million Americans, our friends and neighbors, millions in my State, that will provide a free credit freeze at Experian and TransUnion? Mr. Smith. Again, Senator, the things we have done is the five services we offered for 1 year combined with a lock for life--and I would invite TransUnion and Experian to follow suit---- Senator Donnelly. But those services you just described do not include a free credit freeze at Experian and TransUnion. Mr. Smith. That is correct. Senator Donnelly. So, in other words, Equifax will not do anything to provide that? Mr. Smith. Again, we are offering our five services plus lock of life. Senator Donnelly. Well, I guess that answers the question that I was asking, which then leads to my next question which is, What is Equifax's obligation to consumers who fall victim to identity theft or financial fraud in the future due to this breach? The damage caused to their credit, the money they may lose, how does Equifax plan to address the financial harm that can come to our families? Mr. Smith. Senator, the design, the thought was offer these five services, allow someone to lock their file for life to minimize the downstream harm. Senator Donnelly. But what happens if someone is harmed? Mr. Smith. Senator, that is the extent of our offering. Senator Donnelly. So because of your failure to stop this breach and a family is damaged financially, there will be no compensation provided? Mr. Smith. Again, Senator, the five services we are offering are for free. The lifetime lock is for free. Senator Donnelly. Which does not touch at all upon the question I just asked. Thank you, Mr. Chairman. Chairman Crapo [presiding]. Senator Rounds. Senator Rounds. Thank you, Mr. Chairman. Mr. Smith, I would like to go back into a little bit different question for a little while. I would suspect that there are probably thousands of CEOs and board chairmen for publicly traded companies as well as some large private companies that when they heard about the theft of data that was in your care, custody, and control, that they looked back at their own operations and said, ``Can that happen to us?'' And I would suspect that there were a number of chief information officers out there who were being called into the front offices to explain and to reassure that they did not have the same vulnerabilities that were found within your operation. I also suspect that since you have got experience in working in multiple major organizations that you have seen how boards work and that you have seen how the bosses do their own type of a command and control and get feedback. I would imagine that you have lost a lot of sleep wondering what it was that you could have done differently and what message you would send to other individuals if given the opportunity. We are going to have a lot of people that get hurt on this, and they are people that you had data from. If you could go back a year and look at your operation and tell us what you would do differently to demand things be changed, if there was any inkling at all, what would you do? Mr. Smith. Senator, as you might guess, since early August, myself and the entire team that has been focusing on addressing this issue has been working around the clock trying to, first and foremost, understand the forensic of what occurred and maybe why it occurred and then communicating to consumers and regulators and State AGs and the like. I have had no time to reflect on, as a leader who has apologized and takes full responsibility, what I would do differently. I am sure when I have time to reflect, there will be things I look back on and say, ``If I only had done this.'' That time will come, but, Senator, to be honest, I have not had that time to reflect. Senator Rounds. As many board members or chairmen would do, they rely on a CIO to provide them with assurances. Did you as a member or with the board doing their due diligence--do you feel that the due diligence that was expected of you as a board and as the chief operating--or the chief executive officer--do you feel like you did the due diligence necessary to assure yourselves and to get second opinions, that the CIO was actually doing the job that they needed to do, and that they were doing their own sense of due diligence in this process? Mr. Smith. The CIO I had has been there for 8 years. He was a very seasoned CIO. Ultimately, the responsibility stops with me, not him. He is no longer with the company nor is the chief security officer, but ultimately, that responsibility stops with me, Senator. Senator Rounds. I read your article. I read through your statement, your written statement, and I caught time and again--and we sometimes--we go for the fact that you were the victim of theft as well. There were bad people that got into your system. The obligation that you had to protect that information that was in your care, custody, and control is clear. And I think that sometimes organizations that have that data, they assume that somebody else is doing their job. They assume that there are reasonable expectations of due diligence being completed. I guess what I was hoping to hear is something along the lines of ``Yeah. If I could send a message to other CEOs out there, it is do not just listen. Do the double-checks. Find out. Ask for the outside assistance,'' and I guess I am not hearing that. And I know that this is early in your process, but nonetheless, it seems like that would have been one of the first things that most CEOs would have said is ``If I could do this over again, I would have fixed this. I could have had an opportunity. Why did not I think of it?'' I just--I am looking for that. And I know that you did make a point in there saying, ``We are using Social Security numbers out there, and we have got to go to a different system.'' If nothing else, you have thought about that. What would you do or what would you recommend in terms of a different system for identifying and maintaining data that belongs to individuals safe in a case like this? What can we do different? Mr. Smith. Yeah. I do not have that answer. I have spent a lot of time talking to people in the cyberworld, and they are convinced--they have convinced me that there has to be a better solution than an instrument that was introduced in 1936. It was never intended as an identifier for an individual. I am convinced that if you get the public, private, and academic partnership, we can crack that. Senator Rounds. But no real answer yet? Mr. Smith. Not yet. Senator Rounds. Thank you. Thank you, Mr. Chairman. Chairman Crapo. Senator Van Hollen. Senator Van Hollen. Thank you, Mr. Chairman. Mr. Smith, it is good to have you here. Consumers do not authorize Equifax or any credit reporting agency to collect their personal information, do they? Mr. Smith. Not to collect it. Senator Van Hollen. No. So you vacuum up lots of information, and you provide it to people who say they are interested in the credit of somebody who may be applying for a car loan or a home loan or other loan, right? Mr. Smith. Yes. Senator Van Hollen. So you have an incredible amount of power over people's lives, right? You collect all their personal information, and yet their life decisions may, in many cases, depend on what you say to a bank or another lender. Is not that right? OK. Is not it a fact that when someone goes for a loan, if you tell a lender that someone is a bad risk, they are a lot less likely to lend? Mr. Smith. Senator, I thought that is where you were going. We do not make that delineation for the bank. We have that data, may provide some analytics behind it, but ultimately, the banks---- Senator Van Hollen. But you provide the credit scoring, right? Mr. Smith. There is an individual firm called FICO that provides the score. Senator Van Hollen. And they do that based on the information you provide, right? Mr. Smith. Correct. Senator Van Hollen. OK. Now, are you aware of the fact that when the Consumer Financial Protection Bureau did a survey, they found that Equifax, Experian, and TransUnion are the three most complained-about companies in America? Are you familiar with that finding? Mr. Smith. Yes. It is a little misleading. Senator Van Hollen. Well---- Mr. Smith. That is the CFPB Complaint Portal. If I may, Senator? Senator Van Hollen. Well, no. Unfortunately, if the Chairman wants to give me more time, I will, but I will--I will just--you can submit something for the record, if you are interested, but I think the point I wanted to make is this was actually from September 8, 2016. I mean, this is even before we had the incredible introductions into the data and the exposure of data. People pay many other companies billions of dollars in the event that you make a mistake that needs to be corrected. Is not that the case? Mr. Smith. I am sorry. State that again? Senator Van Hollen. People, consumers who have information incorrectly included on one of your reports, they often have to pay a lot of money to other firms to get it corrected. Is not that the case? Mr. Smith. No, that is not the case. If a consumer has a-- you referred to in the CFPB---- Senator Van Hollen. I am talking about the credit repair services. What do they do? Mr. Smith. Yeah, but the process the consumer could use, if they think they---- Senator Van Hollen. No, but what about--what--the credit--I am asking these credit repair service companies--they are making money now to try to help consumers correct mistakes that are often put in your reports or other credit rating agencies. Is not that the case? Mr. Smith. There is an industry that does that, Senator. A consumer can come to us directly and dispute that issue. Senator Van Hollen. So I guess those industries are making billions of dollars, but they really do not need to exist, in your testimony. All they have to do is come to you. Are you aware of the fact that--I just--Mr. Chairman, I would like to put in the record, a Washington Post story from 2008--16, how the careless errors of credit reporting agencies are ruining people's lives. Chairman Crapo. Without objection. Senator Van Hollen. I would also like to include in the record something from CNBC, a piece by Aaron Klein, a fellow at the Brookings Institute, titled ``The Real Problem With Credit Reports Is the Astounding Number of Errors''. Chairman Crapo. Without objection. Senator Van Hollen. And I would also, Mr. Chairman, like to put in the report the FTC study from February 2013 that said 5 percent of consumers had errors on their credit reports that could result in less favorable terms for loans. Chairman Crapo. Without objection. Senator Van Hollen. Because the whole model of this industry is you collect information without permission from consumers, and yet their lives depend, in many ways--their economic lives depend on decisions you make. So I want to go back to something Senator Heitkamp asked you with respect to forced arbitration because, clearly, we have a powerful company that is often up against one individual who is trying to get something corrected on their credit rating report or whatever it may be, and yet in the aftermath of this incredible breach, you said that you would provide credit protection but only if consumers gave up their right to get their day in court. You want to have forced arbitration. Now, your testimony today is that was a mistake, that you did not mean to apply it in this case; is that right? Mr. Smith. That is correct. Senator Van Hollen. All right. But you do apply forced arbitration in many other situations, don't you? Mr. Smith. In the consumer products. Senator Van Hollen. And so if you are looking out for the rights of consumers, why do not you give them the choice of how they seek their remedy? Mr. Smith. Senator, I understand your issue today. That arbitration clause is a legal provision, and we follow that. Senator Van Hollen. And you have been--not just legal, but you have paid lobbyists on Capitol Hill--I am asking you a question, then. Have you paid lobbyists on Capitol Hill to fight the rule that was put forward by the Consumer Financial Protection Bureau? Mr. Smith. If you are referring to the harmonization bill that was proposed, which I think you are referring to--is that the bill? Senator Van Hollen. I am referring to the legislation---- Mr. Smith. Arbitration specifically? Senator Van Hollen. ----that would overturn the Consumer Financial Protection Bureau's rule that prohibits forced arbitration clauses. Mr. Smith. Senator, if we spent time on that, I am not aware of that. Senator Van Hollen. So are you in favor, then? You said it is part of the law, and so you are just abiding by the law. But as somebody who has experience in this area, would you agree that consumers should have the right to decide how best to protect themselves in legal matters? Mr. Smith. Senator, if that becomes law, we will follow the law. Senator Van Hollen. No, that is not my question. Mr. Smith. I understand. Senator Van Hollen. My question is, Where do you stand on the issue of allowing consumers to choose how they seek recourses when they believe they have been wronged? Mr. Smith. Senator, I understand the question, and today, arbitration is a part of the law, and we are following the law. Senator Van Hollen. Yeah. And so you are following it even though it may be unfairly treating consumers; is that right? Mr. Smith. I understand your question. Senator Van Hollen. But, Mr. Chairman, if I just--but you chose to suspend that law. You could have enforced that on these individuals, right? Mr. Smith. It was never the intent, as it related to the breach---- Senator Van Hollen. But it was the law. The law would have allowed you to do it, right? Mr. Smith. But it was never the intent---- Senator Van Hollen. That is not what I am asking. The law would have allowed you to do that, right? Mr. Smith. Yes. Senator Van Hollen. And you chose not to because you thought in that circumstances, consumers would be better protected by having choices, and my only question to you, if it is good in that circumstances, why is not it good for consumers all the time? Thank you, Mr. Chairman. Chairman Crapo. Thank you. Now, that concludes the questioning, however, we have had a couple of requests for a second round, and so I will go with a brief 3-minute second round. Senator. Senator Brown. Thank you, Mr. Chairman. Following up on, I thought, Senator Van Hollen's very good line of questioning about your rather curious statement that you are following the law, but you are not following the law on the--in the one case, but you are in the other, I do not entirely get that. But let me take it a different way. In your written testimony, you state that terms and conditions attached to the free solutions that Equifax offered included an arbitration clause. You said this provision of forced arbitration clause was never, in this case, intended to apply, and you were informed the clause was included. Apparently, it was sent out to your customers, and you did not know it was in there, the clause, as customers often do not know these forced arbitration clauses are in there, the fine print. And I assume you are more sophisticated in these financial instruments and transactions than most of your customers, but leave that alone. You were informed the clause--and clause was included because it was, quote, your words, ``essentially 'cut and pasted' from a different Equifax offering.'' But this inadvertent error could have prevented, if not--if not unearthed and then protested, then pushed back and you dropped it, this inadvertent error could have prevented 145 million victims from pursuing their legal rights in court. So make that case again. Your company failed by allowing this breach of 145 million victims. You sent out a piece. You sent out a restitution to them with forced arbitration. You backed off the forced arbitration. So do not you think it is fundamentally unfair that the ability of 145 million Americans to seek justice in court could have been taken away simply by a cut-and-paste job? Does not that show how unfair forced arbitration is to customers? Mr. Smith. Senator, to be specific to this particular issue, it was an error, as you noted. We were made aware of the error, and I believe within 24 hours removed that clause. It was never intended to be a clause applied to the breach. Senator Brown. But that was not really the question. So, first of all, you say it was an error. I guess I believe that, that it was an error, although your company has given us cause to not believe some other things. But does not that show how unfair forced arbitration is? You did not ask-- you did not answer that question. If this inadvertent error, this cut-and-paste error had taken away forced--forced arbitration of 145 million Americans, does not that show how unfair forced arbitration is? Mr. Smith. I have no opinion on that. Senator Brown. But you used forced arbitration in other cases? Mr. Smith. Correct. Senator Brown. So you must not think it is--so it is unfair to those 145 million in that circumstance, but it is not unfair to customers in other circumstances on whom you oppose forced arbitration, both? Mr. Smith. Again, I go back, Senator. It was never the intent for us to have that arbitration clause in the breach service itself. Senator Brown. And I will close, Mr. Chairman. I appreciate your indulgence. I just cannot understand why you think--for those 145 million in that case that forced arbitration is unfair, but in other uses in your company, you seem to think it is fair. It just puzzles me. Senator Brown. Senator Heitkamp. Senator Heitkamp. Thank you, Mr. Chairman. And I just wanted to come back and offer a couple suggestions because we are all struggling, and obviously, your company has had a huge hit to its reputation. We found out today that the IRS has been forced to continue your contract by your protest. That is why that contract was continued, and we, in spite of some very interesting timelines, the belief that you have that there was no insider training-- and so I am just going to offer a couple of suggestions for you. Number one, tell the IRS it is OK to migrate the contract someplace else and say, ``We are fixing, getting our house in order. We understand that we have a ways to walk back, our reputation, and we are going to withdraw our protest on the loss of that contract.'' And the other thing I would suggest to the three individuals, who may be completely innocent--but the rest of the shareholders who took the hit--they are more innocent than employees of that company, of your company--they should give the money back. They should give the money back. And so I think there is other things. I think there is an attitude that we come here, we do everything possible, we are trying to do our level best, but many, many times, it is the symbolic things. It is like forcing the IRS to take this contract for another year, like a very suspicious timeline that has led us all to believe that there should at least, at a minimum, be an investigation. All of that could be undone with a gesture of goodwill. And so I understand you are not the CEO of the company. You said you are still in an advisory role. My advice to you is do some things that are very, very visible, and those are two things that you could do that would give us some certainty that this is being taken as seriously as it what it should be taken. Thank you, Mr. Chairman. Chairman Crapo. Thank you. And I will conclude with 3 minutes of questions as well. Mr. Smith, I wanted to get back to my original question. A lot of the questions you have gotten today appropriately have been very specific with regard to Equifax and the Equifax breach. I want to focus on the broader issue as we conclude. In my initial questioning to you, I talked to you about whether there were--whether any Experian data went to other entities, and I was referring to governmental entities--the CFPB, the Federal Reserve. We just had discussion about the IRS, and there are contractual relationships, I understand, with the use of this data. Let me just talk about a the CFPB as an example. In September of 2014, the GAO did a report which I requested for on CFPB data collection. They found that CFPB at that time-- that is 3 years ago now--had access to account-level credit card data on between 546 to 596 million consumer accounts on a monthly basis, representing 87 percent of the credit card market. GAO also found that at that time, there was not adequate protection at the CFPB of this data that they were collecting. In this report, it indicated--again, this was in 2014--all of the sources of data that the CFPB was collecting--and Experian shows up in that report--700,000 vehicles per month, information procedure from Experian, vehicle purchases, and the data on those purchases, 10.7 million consumers, cosigners, and borrowers with consumer credit information from Experian, and another 600,000 samples of consumer credit reports and consumer credit scores on those reports from Experian. Now, Experian is not the only entity that is providing data to the CFPB. There are, in this same report, for example, nine unidentified large financial institutions using a commercial data aggregator who provided 25 to 75 million total account sets of data involving individual consumers' credit card account-level data with linkages to their credit reporting data. The reason, what I am getting into here, is this. Experian is not the only company or entity in America collecting data. There is massive data collection being undertaken in this country, and it is not just the three credit bureaus that are collecting this data. I believe that Congress need to address not only the issue with Experian, but the broader issue of the collection and use and protection of personally identifiable information that is being collected by the Government, by the private sector, and others with regard to this personally identifiable data. And I guess this is really more of a statement than a question, but I would like to know your opinion on that. Well, actually, there is a question first, and that is, Does Experian face requests from Federal regulators that are mandatory to provide data to them? Mr. Smith. Senator, Mr. Chairman, I assume you mean Equifax? Chairman Crapo. Yes. Excuse me. Mr. Smith. Yes. Chairman Crapo. Equifax. Mr. Smith. A general observation, a reaction to your thoughts there, if there was a better way to ensure that those that aggregate and manage significant amounts of data like we do, banks do, others in the industry, we would welcome that dialogue if there is a better path forward. But to answer your question specifically, do we aggregate and provide data to different Government entities, the answer is yes. Chairman Crapo. All right. Thank you. And I apologize. In fact, I gave the Experian examples, and that was just a mistake. But your answer is that, yes, Equifax also provides data to those regulators, and it is not always voluntary, is it? In other words, you must provide it on occasion when it is required from agencies? Mr. Smith. Yes. Chairman Crapo. So let me ask you the general question, then. As Congress looks at this issue, it seems to me that it should be obvious that we should look much more broadly than even just one private-sector company and even then just the private sector, but to the data collection that is going on across our society, including the data collection that the Government itself is collecting. Would you agree? Mr. Smith. The rate and pace of cyberattacks is increasing at a rate that is unbelievable. If there is a way for public- private partnership to intelligently sit around a table and debate that and find better ways to manage and secure data, we would welcome that dialogue. Chairman Crapo. Thank you. And I note that Senator Sasse came in, so he will get the last word. We are doing a 3-minute round, Senator Sasse. Senator Sasse. Thank you, Mr. Chairman, and I would like to just associate myself with your comments right there about the digital revolution moment we are at, and the speed and pace of data aggregation and collection should push the Congress to have some real hard discussions about data ownership and transmission and implicit contracts where individuals are not contracting with one of the three credit bureaus and their data is still being managed and shipped in ways that they cannot control. I agree with you that we should have hearings and a lot of debate about this important topic in the digital revolution. Mr. Smith, I want to just see if I can be clear about where I think we stand nearly 2 hours into this hearing. Your company, which has only two competitors, right? Really you only have two competitors--has lost the data of 145 million Americans, and this is not a spreadsheet problem. This is a real human problem where 2 and 3 and 4 years from now, you are going to have real Americans whose identity is going to be stolen, and their credit is going to be abused in the future. And they are going to have difficulty qualifying for a home loan or a car loan or they are going to pay a differential interest rate than they should be paying because of the rotten credit score that they are going to have. And in response, your company could potentially make a profit from selling LifeLock products. Again, I agreed with you earlier that a lot of the forward-looking innovation that may come from this could incrementally improve things, but I think we are most interested right now in the retrospective moment for these 145 million. You are going to have a product that could potentially be sold to the very victims. It feels like a broken-windows business model where you did not actively chuck the bricks, but your company allowed bricks to be tossed through windows, and then you might potentially be able to sell new windows to some of the same people whose windows were just broken. And I think the way you explained your LifeLock product in your testimony makes some sense for what you plan to roll out in January of 2018, but it is still really hard to understand it as a fraud protection product when you think about the victims historically. So I want to go back for just a minute to this contract with the IRS. So we checked, and it appears to be a no-bid, even if it is a revolving contract that is a no-bid, but the purpose of the contract with the IRS looks like it is fraud prevention, right? You are trying to prevent fraudulent access. I will not ask for a show of hands in the room, but I do not know who would want to say we should buy fraud protection from the people who were just hacked and dumped 145 million American records. So just honestly as an American--and I appreciate the fact that you have resigned from the company, but as an American, why should anybody hire Equifax for fraud protection right now after the exposure? Mr. Smith. Senator, I understand your point. We are a company that has been around for 118 years and for most of those 118 years have done good things for many stakeholders, including the Government, and one of those things we have done very proudly is prevent fraud for many entities, including the Government. I come back. It was a horrific breach, and I apologize on behalf of the company for that breach. We will make it right as best we can, but it does not wipe out 118 years of good work we have done. Senator Sasse. Thank you. I am going to be following up with the IRS and asking them why this contract should go forward, but thank you for your willingness to appear before the Committee today. Mr. Smith. Thank you. Chairman Crapo. Thank you, Senator. And that concludes the questioning. Mr. Smith, we do appreciate you coming before the Committee and appearing today. For all Senators, all follow-up questions need to be submitted by next Wednesday, October 11th. And, Mr. Smith, we ask that you please respond promptly to those questions. We usually like to see the responses within a week, if possible. With that, this hearing is adjourned. Mr. Smith. Thank you. [Whereupon, at 12:01 p.m., the hearing was adjourned.] [Prepared statements, responses to written questions, and additional material supplied for the record follow:] PREPARED STATEMENT OF RICHARD F. SMITH Former Chairman and Chief Executive Officer, Equifax, Inc. October 4, 2017 Preliminary Statement Chairman Crapo, Ranking Member Brown, and Honorable Members of the Committee, thank you for the opportunity to testify today. I am here today to recount for this body and the American people, as best I am able, what happened when Equifax was hacked by a yet unknown entity and sensitive information of over 140 million Americans was stolen from its servers, and to outline the remediation steps the company took. We at Equifax clearly understood that the collection of American consumer information and data carries with it enormous responsibility to protect that data. We did not live up to that responsibility, and I am here today to apologize to the American people myself and on behalf of the Board, the management team, and the company's employees. Let me say clearly: As CEO I was ultimately responsible for what happened on my watch. Equifax was entrusted with Americans' private data and we let them down. To each and every person affected by this breach, I am deeply sorry that this occurred. Whether your personal identifying information was compromised, or you have had to deal with the uncertainty of determining whether or not your personal data may have been compromised, I sincerely apologize. The company failed to prevent sensitive information from falling into the hands of wrongdoers. The people affected by this are not numbers in a database. They are my friends, my family, members of my church, the members of my community, my neighbors. This breach has impacted all of them. It has impacted all of us. I was honored to serve as the Chairman and Chief Executive Officer of Equifax for the last 12 years, until I stepped down on September 25. I will always be grateful for the opportunity to have led the company and its 10,000 employees. Equifax was founded 118 years ago and now serves as one of the largest sources of consumer and commercial information in the world. That information helps people make business and personal financial decisions in a more timely and accurate way. Behind the scenes, we help millions of Americans access credit, whether to buy a house or a car, pay for college, or start a small business. During my time at Equifax, working together with our employees, customers, and others, we saw the company grow from approximately 4,000 employees to almost 10,000. Some of my proudest accomplishments are the efforts we undertook to build credit models that allowed and continue to allow many unbanked Americans outside the financial mainstream to access credit in ways they previously could not have. Throughout my tenure as CEO of Equifax, we took data security and privacy extremely seriously, and we devoted substantial resources to it. We now know that criminals executed a major cyberattack on Equifax, hacked into our data, and were able to access information for over 140 million American consumers. The information accessed includes names, Social Security numbers, birth dates, addresses, and in some instances, driver's license numbers; credit card information for approximately 209,000 consumers was also stolen, as well as certain dispute documents with personally identifying information for approximately 182,000 consumers. Americans want to know how this happened and I am hopeful my testimony will help in that regard. As I will explain in greater detail below, the investigation continues, but it appears that the breach occurred because of both human error and technology failures. These mistakes--made in the same chain of security systems designed with redundancies--allowed criminals to access over 140 million Americans' data. Upon learning of suspicious activity, I and many others at Equifax worked with outside experts to understand what had occurred and do everything possible to make this right. Ultimately we realized we had been the victim of a massive theft, and we set out to notify American consumers, protect against increased attacks, and remediate and protect against harm to consumers. We developed a robust package of remedial protections for each and every American consumer--not just those affected by the breach--to protect their credit information. The relief package includes: (1) monitoring of consumer credit files across all three bureaus, (2) access to Equifax credit files, (3) the ability to lock the Equifax credit file, (4) an insurance policy to cover out-of- pocket costs associated with identity theft; and (5) dark web scans for consumers' social security numbers. All five of these services are free and without cost to all Americans. Equifax also recently announced an important new tool that has been under development for months that will allow consumers to lock and unlock their credit files repeatedly, for life, at no cost. This puts the control of consumers' credit information where it belongs--with the consumer. We have also taken steps to better protect consumer data moving forward. We were disappointed with the rollout of our website and call centers, which in many cases added to the frustration of American consumers. The scale of this hack was enormous and we struggled with the initial effort to meet the challenges that effective remediation posed. The company dramatically increased the number of customer service representatives at the call centers and the website has been improved to handle the large number of visitors. Still, the rollout of these resources should have been far better, and I regret that the response exacerbated rather than alleviated matters for so many. How It Happened First and foremost, I want to respond to the question that is on everyone's mind, which is, ``How did this happen?'' In my testimony, I will address both what I learned and did at key times in my role as CEO, and what I have since learned was occurring during those times, based on the company's ongoing investigation. Chronologically, the key events are as follows: On March 8, 2017, the U.S. Department of Homeland Security, Computer Emergency Readiness Team (U.S.-CERT) sent Equifax and many others a notice of the need to patch a particular vulnerability in certain versions of software used by other businesses. Equifax used that software, which is called ``Apache Struts'', in its online disputes portal, a website where consumers can dispute items on their credit report. On March 9, Equifax disseminated the U.S.-CERT notification internally by email requesting that applicable personnel responsible for an Apache Struts installation upgrade their software. Consistent with Equifax's patching policy, the Equifax security department required that patching occur within a 48-hour time period. We now know that the vulnerable version of Apache Struts within Equifax was not identified or patched in response to the internal March 9 notification to information technology personnel. On March 15, Equifax's information security department also ran scans that should have identified any systems that were vulnerable to the Apache Struts issue identified by U.S.-CERT. Unfortunately, however, the scans did not identify the Apache Struts vulnerability. Equifax's efforts undertaken in March 2017 did not identify any versions of Apache Struts that were subject to this vulnerability, and the vulnerability remained in an Equifax web application much longer than it should have. I understand that Equifax's investigation into these issues is ongoing. The company knows, however, that it was this unpatched vulnerability that allowed hackers to access personal identifying information. Based on the investigation to date, it appears that the first date the attacker(s) accessed sensitive information may have been on May 13, 2017. The company was not aware of that access at the time. Between May 13 and July 30, there is evidence to suggest that the attacker(s) continued to access sensitive information, exploiting the same Apache Struts vulnerability. During that time, Equifax's security tools did not detect this illegal access. On July 29, however, Equifax's security department observed suspicious network traffic associated with the consumer dispute website (where consumers could investigate and contest issues with their credit reports). In response, the security department investigated and immediately blocked the suspicious traffic that was identified. The department continued to monitor network traffic and observed additional suspicious activity on July 30, 2017. In response, they took the web application completely offline that day. The criminal hack was over, but the hard work to figure out the nature, scope, and impact of it was just beginning. I was told about the suspicious activity the next day, on July 31, in a conversation with the Chief Information Officer. At that time, I was informed that there was evidence of suspicious activity on our dispute portal and that the portal had been taken offline to address the potential issues. I certainly did not know that personal identifying information (PII) had been stolen, or have any indication of the scope of this attack. On August 2, consistent with its security incident response procedures, the company: (1) retained the cybersecurity group at the law firm of King & Spalding LLP to guide the investigation and provide legal and regulatory advice; (2) reached out, though company counsel, to engage the independent cybersecurity forensic consulting firm, Mandiant, to investigate the suspicious activity; and (3) contacted the Federal Bureau of Investigation (FBI). Over the next several weeks, working literally around the clock, Mandiant and Equifax's security department analyzed forensic data seeking to identify and understand unauthorized activity on the network. Their task was to figure out what happened, what parts of the Equifax network were affected, how many consumers were affected, and what types of information was accessed or potentially acquired by the hackers. This effort included identifying and analyzing available forensic data to assess the attacker activity, determining the scope of the intrusion, and assessing whether the intrusion was ongoing (it was not; it had stopped on July 30 when the portal was taken offline). Mandiant also helped examine whether the data accessed contained personal identifying information; discover what data was exfiltrated from the company; and trace that data back to unique consumer information. By August 11, the forensic investigation had determined that, in addition to dispute documents from the online web portal, the hackers may have accessed a database table containing a large amount of consumers' PII, and potentially other data tables. On August 15, I was informed that it appeared likely that consumer PII had been stolen. I requested a detailed briefing to determine how the company should proceed. On August 17, I held a senior leadership team meeting to receive the detailed briefing on the investigation. At that point, the forensic investigation had determined that there were large volumes of consumer data that had been compromised. Learning this information was deeply concerning to me, although the team needed to continue their analysis to understand the scope and specific consumers potentially affected. The company had expert forensic and legal advice, and was mindful of the FBI's need to conduct its criminal investigation. A substantial complication was that the information stolen from Equifax had been stored in various data tables, so tracing the records back to individual consumers, given the volume of records involved, was extremely time consuming and difficult. To facilitate the forensic effort, I approved the use by the investigative team of additional computer resources that significantly reduced the time to analyze the data. On August 22, I notified Equifax's lead member of the Board of Directors, Mark Feidler, of the data breach, as well as my direct reports who headed up our various business units. In special telephonic board meetings on August 24 and 25, the full Board of Directors was informed. We also began developing the remediation we would need to assist affected consumers, even as the investigation continued apace. From this point forward, I was updated on a daily--and sometimes hourly--basis on both the investigative progress and the notification and remediation development. On September 1, I convened a Board meeting where we discussed the scale of the breach and what we had learned so far, noting that the company was continuing to investigate. We also discussed our efforts to develop a notification and remediation program that would help consumers deal with the potential results of the incident. A mounting concern also was that when any notification is made, the experts informed us that we had to prepare our network for exponentially more attacks after the notification, because a notification would provoke ``copycat'' attempts and other criminal activity. By September 4, the investigative team had created a list of approximately 143 million consumers whose personal information we believed had been stolen, and we continued our planning for a public announcement of a breach of that magnitude, which included a rollout of a comprehensive support package for consumers. The team continued its work on a dedicated website, www.equifaxsecurity2017.com, where consumers could learn whether they were impacted and find out more information, a dedicated call center to assist consumers with questions, and a free credit file monitoring and identity theft protection package for all U.S. consumers, regardless of whether they were impacted. I understand that Equifax kept the FBI informed of the progress and significant developments in our investigation, and felt it was important to notify the FBI before moving forward with any public announcement. We notified the FBI in advance of the impending notification. On September 7, 2017, Equifax publicly announced the breach through a nationwide press release. The release indicated that the breach impacted personal information relating to 143 million U.S. consumers, primarily including names, Social Security numbers, birth dates, addresses and, in some instances, driver's license numbers. These are the key facts as I understand them. I also understand that the FBI's investigation and Equifax's own review and remediation are ongoing, as are, of course, numerous other investigations. Protecting U.S. Consumers Affected by the Breach From the third week in August, when it became clear that our worst fears had come true and Equifax had experienced a significant breach, my direction was to continue investigating but first and foremost to develop remediation to protect consumers from being harmed and comply with all applicable notification requirements, based on advice of outside cybersecurity counsel and Mandiant. Significantly, a major task was the need to deploy additional security measures across the entire network because we were advised that as soon as Equifax announced the hack, there would be a dramatic increase in attempted hacking. There were three main components to Equifax's plan: (1) a website where consumers could look up if they were affected by the breach and then register for a suite of protective tools; (2) a call center to answer questions and assist with registration; (3) the package of tools themselves that the company was offering to everyone in the country. The task was massive--Equifax was preparing to explain and offer services to every American consumer. First, a new website was developed to provide consumers with additional information--beyond the press release--about the nature, extent, and causes of the breach. This was extremely challenging given that the company needed to build a new capability to interface with tens of millions of consumers, and to do so in less than 2 weeks. That challenge proved overwhelming, and, regrettably, mistakes were made. For example, terms and conditions attached to the free solutions that Equifax offered included a mandatory arbitration clause. That provision--which was never intended to apply in the first place--was immediately removed as soon as it was discovered. (I was informed later that it had simply been inadvertently included in terms and conditions that were essentially ``cut and pasted'' from a different Equifax offering.) The initial rollout of Equifax's call centers had frustrating shortcomings as well. Put simply, the call centers were confronted by an overwhelming volume of callers. Before the breach, Equifax had approximately 500 customer service representatives dedicated to consumers, so the company needed to hire and train thousands more, again in less than 2 weeks. To make matters worse, two of the larger call centers in Florida were forced to close for a period of time in the wake of Hurricane Irma. The closure of these call centers led to a reduction in the number of available customer service representatives and added to the already significant wait times that callers experienced. Many needlessly waited on hold or were otherwise unable to have their questions answered through the call centers, which I deeply regret. My understanding is that the call centers are now fully functional. The number of customer service representatives, which is now over 2,500, continues to increase, and I am informed that wait times have decreased substantially. Beyond the website and the call centers, the company also developed a comprehensive support package for all American consumers, regardless of whether they were directly affected by the incident or not, that includes free: (1) credit file monitoring by all three credit bureaus; (2) Equifax credit lock; (3) Equifax credit reports; (4) identity theft insurance; and (5) Social Security Number ``dark web'' scanning for one year. Importantly, enrolling in the program is free, and will not require consumers to waive any rights to take legal action for claims related to the free services offered in response to the cybersecurity incident or for claims related to the cybersecurity incident itself. Despite these challenges, it appears that Equifax's efforts are reaching many people. As of late September, the website had received over 420 million hits. And similarly, as of late September, over 7.5 million activation emails have been sent to consumers who registered for the program. Equifax also recently announced a new service that I understand will be available by January 31, 2018, that will allow consumers to control their own credit data, by allowing them to lock and unlock their credit files at will, repeatedly, for free, for life. I was pleased to see the company move forward with this plan, which we had put in motion months ago, and which I directed the company to accelerate, as we were constructing the remedial package in response to the breach. The hard work of regaining the trust of the American people that was developed over the course of the company's 118 year history is ongoing and must be sustained. I believe the company, under the leadership of Lead Director Mark Feidler, and interim CEO Paulino do Rego Barros, Jr., will continue these efforts with vigor and commitment. How To Protect Consumer Data Going Forward It is extremely important that notwithstanding the constant threat of cybercriminals, the American people and the Members of this Committee know that Equifax is doing everything in its power to prevent a breach like this from ever happening again. Since the potential breach was discovered, those inside and outside the company have worked around-the-clock to enhance the Company's security measures. While I am limited in what I can say publicly about these specific measures, and going forward these questions are best directed to new management, I want to highlight a few steps that Equifax has already taken to better protect consumer data moving forward, including the website developed to respond to the hack, and some changes still to come. In recent weeks, vulnerability scanning and patch management processes and procedures were enhanced. The scope of sensitive data retained in back-end databases has been reduced so as to minimize the risk of loss. Restrictions and controls for accessing data housed within critical databases have been strengthened. Network segmentation has been increased to restrict access from internet facing systems to back-end databases and data stores. Additional web application firewalls have been deployed, and tuning signatures designed to block attacks have been added. Deployment of file integrity monitoring technologies on application and web servers has been accelerated. The company is also implementing additional network, application, database, and system-level logging. These are just a few of the steps Equifax has taken in recent weeks to shore up its security protocols. Importantly, Equifax's forensic consultants have recommended a series of improvements that are being installed over the next 30, 60, and 90 day periods, which the company was in the process of implementing at the time of my retirement. In addition, at my direction a well-known, independent expert consulting firm (in addition to and different from Mandiant) has been retained to perform a top-to-bottom assessment of the company's information security systems. Beyond the recent technological enhancements, Equifax has also made several strategic personnel changes at the highest levels of the company. Accountability starts at the top and I, therefore, decided to step down as CEO and retire early to allow the company to move forward. Before I retired, our Chief Information Officer and Chief Security Officer also left the company. Equifax's interim appointments for each of these positions, including Paulino do Rego Barros, Jr., the interim CEO, are ready, able and qualified to step into their new roles and to help consumers, and the company, recover from this regrettable incident. It is my hope and expectation that, at the conclusion of the investigation, we will have an even more complete account of what happened, how future attacks by criminal hackers can be deterred and suspicious activity curbed more quickly, and most importantly, how consumers' concerns about the security of their personal data can be alleviated. Toward a New Paradigm in Data Security Where do we go from here? Although I have had little time for reflection regarding the awful events of the last few weeks, this humbling experience has crystalized for me two observations: First, an industry standard placing control of access to consumers' credit data in the hands of the consumers should be adopted. Equifax's free lifetime lock program will allow consumers, and consumers alone, to decide when their credit information may be accessed. This should become the industry standard. Second, we should consider the creation of a public-private partnership to begin a dialogue on replacing the Social Security Number as the touchstone for identity verification in this country. It is time to have identity verification procedures that match the technological age in which we live. The list of companies and Government agencies that have suffered major hacks at the hands of sophisticated cybercriminals is sadly very long, and growing. To my profound disappointment, Equifax now finds itself on that list. I have stepped away from a company I have led and loved and help build for more than a decade. But I am not stepping away from this problem and I am strongly committed to helping address the important questions this episode has raised. Part of that starts today, as I appear at this hearing and others voluntarily to share what I know. Going forward, however, Government and the private sector need to grapple with an environment where data breaches will occur. Giving consumers more control of their data is a start, but is not a full solution in a world where the threats are always evolving. I am hopeful there will be careful consideration of this changing landscape by both policymakers and the credit reporting industry. Conclusion Chairman Crapo, Ranking Member Brown, and Honorable Members of the Committee, thank you again for inviting me to speak with you today. I will close by saying again how so sorry I am that this data breach occurred. On a personal note, I want to thank the many hard-working and dedicated people who worked with me for the last 12 years, and especially over the last 8 weeks, as we struggled to understand what had gone wrong and to make it right. This has been a devastating experience for the men and women of Equifax. But I know that under the leadership of Paulino and Mark they will work tirelessly, as we have in the past 2 months, to making things right. I realize that what I can report today will not answer all of your questions and concerns, but I can assure you and the American public that I will do my level best to assist you in getting the information you need to understand this incident and to protect American consumers. RESPONSES TO WRITTEN QUESTIONS OF THE SENATE BANKING COMMITTEE FROM RICHARD F. SMITH [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Additional Material Supplied for the Record LETTER SUBMITTED BY THE CREDIT UNION NATIONAL ASSOCIATION [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``INSIDER TRADING POLICY'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``CORPORATE CRISIS MANAGEMENT PLAN, PART I'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``CORPORATE CRISIS MANAGEMENT PLAN, PART II'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``CORPORATE CRISIS MANAGEMENT PROGRAM, APPENDIX H'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``REGIONAL CRISIS MANAGEMENT PLAN'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] EQUIFAX, INC., ``SECURITY INCIDENT HANDLING POLICY AND PROCEDURES'' [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]