[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] SECURING AMERICANS' IDENTITIES: THE FUTURE OF THE SOCIAL SECURITY NUMBER ======================================================================= HEARING before the SUBCOMMITTEE ON SOCIAL SECURITY of the COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ MAY 17, 2018 __________ Serial No. 115-SS09 __________ Printed for the use of the Committee on Ways and Means [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PUBLISHING OFFICE 33-871 WASHINGTON : 2019 COMMITTEE ON WAYS AND MEANS KEVIN BRADY, Texas, Chairman SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts DEVIN NUNES, California SANDER M. LEVIN, Michigan DAVID G. REICHERT, Washington JOHN LEWIS, Georgia PETER J. ROSKAM, Illinois LLOYD DOGGETT, Texas VERN BUCHANAN, Florida MIKE THOMPSON, California ADRIAN SMITH, Nebraska JOHN B. LARSON, Connecticut LYNN JENKINS, Kansas EARL BLUMENAUER, Oregon ERIK PAULSEN, Minnesota RON KIND, Wisconsin KENNY MARCHANT, Texas BILL PASCRELL, JR., New Jersey DIANE BLACK, Tennessee JOSEPH CROWLEY, New York TOM REED, New York DANNY DAVIS, Illinois MIKE KELLY, Pennsylvania LINDA SANCHEZ, California JIM RENACCI, Ohio BRIAN HIGGINS, New York KRISTI NOEM, South Dakota TERRI SEWELL, Alabama GEORGE HOLDING, North Carolina SUZAN DELBENE, Washington JASON SMITH, Missouri JUDY CHU, California TOM RICE, South Carolina DAVID SCHWEIKERT, Arizona JACKIE WALORSKI, Indiana CARLOS CURBELO, Florida MIKE BISHOP, Michigan DARIN LAHOOD, Illinois BRAD R. WENSTRUP, Ohio Gary J. Andres, Staff Director Brandon Casey, Minority Chief Counsel ______ SUBCOMMITTEE ON SOCIAL SECURITY SAM JOHNSON, Texas, Chairman MIKE BISHOP, Michigan JOHN B. LARSON, Connecticut VERN BUCHANAN, Florida BILL PASCRELL, JR., New Jersey MIKE KELLY, Pennsylvania JOSEPH CROWLEY, New York TOM RICE, South Carolina LINDA SANCHEZ, California DAVID SCHWEIKERT, Arizona DARIN LAHOOD, Illinois C O N T E N T S __________ Page Advisory of May 17, 2018 announcing the hearing.................. 2 WITNESSES Nancy Berryhill, Acting Commissioner, Social Security Administration................................................. 6 Elizabeth Curda, Director, Education, Workforce, and Income Security, Government Accountability Office..................... 16 Samuel Lester, Consumer Privacy Counsel, Electronic Privacy Information Center............................................. 39 Paul Rosenzweig, Senior Fellow, R Street Institute............... 51 Steve Grobman, Senior Vice President and Chief Technology Officer, McAfee, LLC........................................... 61 Jeremy A. Grant, Coordinator, Better Identity Coalition.......... 72 James Lewis, Senior Vice President, Technology Policy Program, Center for Strategic and International Studies................. 85 MEMBER QUESTIONS FOR THE RECORD Rep. Sam Johnson to Elizabeth Curda.............................. 108 Elizabeth Curda Response......................................... 109 Rep. Sam Johnson to Jeremy A. Grant.............................. 111 Jeremy A. Grant Response......................................... 112 Rep. Sam Johnson to Steve Grobman................................ 122 Steve Grobman Response........................................... 123 Rep. Sam Johnson to Paul Rosenzweig.............................. 126 Paul Rosenzweig Response......................................... 127 PUBLIC SUBMISSIONS FOR THE RECORD NAPBS, statement................................................. 128 SECURING AMERICANS' IDENTITIES: THE FUTURE OF THE SOCIAL SECURITY NUMBER ---------- THURSDAY, MAY 17, 2018 U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Social Security, Washington, DC. The Subcommittee met, pursuant to notice, at 10:08 a.m., in Room 1100, Longworth House Office Building, the Honorable Sam Johnson [Chairman of the Subcommittee] presiding. [The advisory announcing the hearing follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Good morning and welcome to today's hearing on the future of the Social Security number. The Social Security card and the Social Security number were created in 1936, believe it or not, so the Social Security Administration could track earnings and correctly determine benefits. Today's use of Social Security numbers for everything--you need one. So when you get a job, buy a house, or open a new credit card (sic). Given all the ways we use it, it is no wonder Social Security numbers are a valuable target for identity thieves. For years, I have been dedicated to doing all I can to protect America--Americans from identity theft by protecting the privacy of Social Security numbers. Military IDs no longer use Social Security numbers, and Medicare is now sending new cards without numbers, Social Security numbers, to seniors across the country. And last year Congress made all federal agencies stop mailing documents that contain Social Security numbers unless it is absolutely necessary. For a long time keeping Social Security numbers secret meant keeping them safe. But after so many high-profile data breaches like Equifax, OPM, and Anthem, where hundreds of millions of Social Security numbers were stolen, it is clear they aren't a secret anymore. And it is time we stop pretending that they are. Make no mistake, it is still important to limit the unnecessary use of Social Security numbers. But if we want to keep pace with identity thieves, we need to think beyond just keeping them. As we will hear today, what makes these numbers so valuable to identity thieves is how we use them. Using Social Security numbers both to identify someone and to prove their identity doesn't make sense. But we have been doing it forever. We need to break the link between identification and authentication. We will also hear from Social Security about what it takes get a new Social Security number when it has been stolen and why it is often harder to do than it should be. I recently learned of a case in Arizona where the mother of a child whose Social Security number had been stolen was told she needed to change her daughter's name and last name--first, middle, and last name--before her daughter could get a new Social Security number. Can you believe that? That is wrong. But what is worse is that having to change your name isn't Social Security's policy. It was an extra hoop to jump through made up by a field office employee. While I am happy the little girl eventually got a new number without having to change her name, getting a new number shouldn't be so difficult. It shouldn't take a local news story or a call from a congressional office for Social Security to do right by those looking for help. Identity theft is on the rise, and we must take a hard look at the future of Social Security numbers, both how it is used, and if Social Security needs to do things differently. We have a responsibility to do all we can to better protect Americans from identity theft. I want to thank our witnesses for being here today and I look forward to hearing your testimony, all of you. And I will now recognize Mr. Larson for his opening statement. Mr. LARSON. Well, thank you, Mr. Chairman, and let me echo your sentiments and also acknowledge that you have been a leader in the United States Congress, both in protecting the integrity of the Social Security program from fraud and abuse, and certainly, in this case, of identity theft which threatens the entire system. As you indicated, Mr. Chairman, the recent data breach at Equifax has left more than 145 million people wondering whether they will have their identity stolen or credit damaged. Their ability to get a mortgage, a small-business loan, or even a job is at the whim of criminals, who have stolen information to wreak havoc on their financial security. It doesn't matter if you are in Plano, Texas or you are in East Hartford, Connecticut, or whether you are 6 weeks old or 96 years old. Cyber criminals don't care. Their only interest is in profiting from your identity in a way that makes them as much money as possible. Unfortunately, Equifax is just one in a long list of data breaches where personal information about hard-working men and women has been compromised, including Social Security numbers, which is the subject of today's hearing. The problem of identity theft is well known and it affects our entire economy. We need to come together in a bipartisan way to strengthen privacy protections and safeguard financial security. And I thank you, Mr. Chairman, for your continued efforts in reaching out along those lines, as well. What is clear, that all users of Social Security numbers, both government and business, need to change their ways. The widespread use of Social Security numbers as a way to both identify and authenticate individuals poses an ongoing risk of identity theft. This practice assumes that only I have access to my Social Security Number. But given the extensive data breaches, this is no longer a safe assumption, as I believe our witnesses will all agree. There is a role here both for government and for industry. Unfortunately, there are steep headwinds in this fight. The pace of innovation in the technologies used by cyber criminals present a very difficult and foreboding challenge. At the same time, we must be sure that the solutions to better protect personal information are accessible to all Americans, even those of us who are less adept at the new technologies. Finally, we must keep Americans' privacy concerns in mind about how data is collected about individuals, how it is used, and who controls it. Just as we must come together to protect Americans' personal identity information, we should also come together to protect the future of Social Security itself. I know my dear friend and colleague shares my concern in this. I think we need to have a hearing on the future of Social Security itself. We have proposed bills and legislation. It is time that we expand the most successful program in the Nation's history, knowing that as we go forward it is important to protect it at its very heart to secure it from fraud and abuse, but also to understand that this is an insurance program that needs to be made actuarially sound, that was last touched in 1983, when Ronald Reagan was President and Tip O'Neill was Speaker of the House. It is an actuarial problem that can and should be addressed to not only protect the future of Americans, but also, as disparity grows in this great country of ours, the one thing that every single person in this Nation can count on is that Social Security has never missed a payment. We have an obligation on this Committee, and as Members of Congress, to make sure that the integrity of the program and also its viability goes beyond the 75-year requirement that we are sworn to serve. And with that, Mr. Chairman, I yield back and look forward to the questions and what we are--look forward to asking questions, and look forward to hearing from our distinguished panel. Chairman JOHNSON. Well, thank you for your comments. As is customary, any Member is welcome to submit a statement for the record. And before we move on to testimony, I want to remind our witnesses to please limit your oral statements to five minutes. However, without objection, all of the written testimony will be made a part of the hearing record. We have seven witnesses today. Seated at the table are Nancy Berryhill, acting commissioner of Social Security Administration; Elizabeth Curda, director, education, workforce, and income security for Government Accountability Office; Samuel Lester, consumer privacy counsel, Electronic Privacy Information Center; Paul Rosenzweig--and that is not right--Paul---- Mr. ROSENZWEIG. It is Rosenzweig, sir, but---- Mr. JOHNSON. Rosenzweig? Mr. ROSENZWEIG. Yes, sir. Mr. JOHNSON. Thank you. Senior fellow, R Street Institution. Steve Grobman, senior vice president and chief technology officer, McAfee; Jeremy Grant, coordinator, Better Identity Coalition; James Lewis, senior vice president, technology policy program, Center for Strategic and International Studies. Acting Commissioner Berryhill, please begin your testimony. STATEMENT OF NANCY BERRYHILL, ACTING COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Ms. BERRYHILL. Chairman Johnson, Ranking Member Larson, and Members of the Subcommittee, thank you for inviting me to discuss identity theft and the future of the Social Security number. I am Nancy Berryhill, Social Security's acting commissioner. The scope of our programs is enormous. We pay monthly benefits to over 62 million Social Security beneficiaries and 8 million supplemental security income recipients. During fiscal year 2017 we paid about $934 billion to Social Security beneficiaries, and $55 billion to SSI recipients. In addition, we posted 279 million earning items to workers' records last year. The SSN underpins the programs we administer. We designated this 9-digit number in 1936 to allow employers to accurately report earnings and determine eligibility for benefits. To date we have issued around 505 million unique numbers to eligible individuals. Although we created the Social Security number for our programs, it has become a personal identifier used most broadly across government and the private sector. For example, in 1943 the executive order required federal agencies to use the SSN. Advances in computer technology and data processing in the 1960s further increased the use of the number within federal agencies. For example, in 1961 the Federal Civil Service Commission began using the SSN as identification number for all federal employees. The next year the IRS began using the number as a taxpayer identification number. Beginning in the 1970s, Congress enacted legislation requiring the number for a variety of federal programs. Over the decades use of the SSN grew, not just in Federal Government, but throughout the state and local government, banks, credit bureaus, hospitals, and other parts of the private sector. As use of the SSN has increased, so have the opportunities for misuse. We and Congress have made changes to try to protect the integrity of the number, including strengthening the security of the SSN card, and requiring additional proofs to issue them; establishing programs and ensure accurate and timely of the SSN (sic), such as enumeration at birth, program that assigns SSNs to newborns, and verifying SSNs for federally-funded programs, employment eligibility, and other programs. Unfortunately, SSN misuse and identity theft continues to increase. We understand the distress and economic hardship victims of identity theft face. We advise suspected victims on how to contact the Federal Trade Commission and law enforcement, and we refer cases of misuse to our office of inspector general for investigation. In certain circumstances we assign a new number to a victim of SSN misuse who has been disadvantaged due to misuse of the number. It is important to note that assigning a new number is often a last resort, because it can cause more problems than it solves. For example, the absence of a credit history under a new number makes it more difficult to obtain credit to buy a house or a car. Nevertheless, in recognition of devastating effects identity theft can have, we continue to refine our policies in this area. Our goal is to serve the needs of the victims. Over the years we have added flexibilities to our policies where needed, and we encourage front-line employees to coordinate with experts in our regional offices. We will continue to do what we can to mitigate the effects of SSN misuse. We--but we cannot alone solve the problem that over- reliance of the SSN has caused. As long as the SSN remains key to assessing things of value, particularly credit, the SSN itself will have commercial value, and it will continue to be targeted by fraudsters for misuse. Identity theft is a broad public policy issue that must be addressed. I applaud the chairman and the Subcommittee for their efforts to protect the SSN, including mandating the removal of the SSN from the Medicare cards and documents mailed by federal agencies. These bills are an important step. However, addressing identity theft requires a unified effort that includes this Subcommittee and Congress, the Administration, public and private experts throughout the country. Our chief information officer, who is sitting behind me, Rajive Mathur, is here with me today. He and I look forward to hearing the ideas raised during today's hearing. Thank you, and I will be happy to answer any questions that you may have. Thank you. Chairman JOHNSON. I appreciate your testimony. [The prepared statement of Ms. Berryhill follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Ms. Curda, welcome again. Please proceed. STATEMENT OF ELIZABETH CURDA, DIRECTOR, EDUCATION, WORKFORCE, AND INCOME SECURITY, GOVERNMENT ACCOUNTABILITY OFFICE Ms. CURDA. Chairman Johnson, Ranking Member Larson, and Members of the Subcommittee, thank you for inviting me here to discuss GAO's observations on the extent to which the paper Social Security card is currently used, and what it costs to produce. SSA has issued about 500 million Social Security numbers and cards since the Social Security program began in 1935. Originally, the SSN was not intended to serve as a personal identifier outside of SSA's programs. But due to its universality and uniqueness, government agencies and private- sector entities increasingly use the SSN as a convenient means of identifying people. However, as everyday transactions are increasingly conducted electronically, it raises questions about whether a paper card is still needed or desirable to communicate or verify a person's SSN. Today I will first discuss whether there are any federal requirements to present a Social Security card. Second, I will discuss common situations in which other public or private- sector stakeholders may ask to see the card to conduct business. And finally, I will discuss stakeholder views about the potential implications of eliminating the cards, including potential cost savings. Although there are many federal requirements to provide an SSN, we found no statutory requirements and only two regulatory requirements to show a card. Both requirements were to verify an individual's SSN under certain narrow circumstances such as for uniformed service members seeking to change their SSNs. To identify requirements or customary uses of the cards outside of the Federal Government we spoke to a variety of associations representing human resource managers, the finance sector, higher education institutions, and state agencies. The stakeholders we spoke with described a variety of instances in which individuals may present a card among other acceptable forms of documentation in order to verify their identity or their SSN. For employment, all U.S. employers must verify and document a newly-hired employee's employment eligibility. Although the Social Security card is the most commonly used document for this purpose, the card is one of several acceptable documents that employees may present to prove they are eligible to work in the United States. Other examples of acceptable documents include a U.S. passport or permanent residence card, among others. A common reason employers may ask to see a card is to verify the accuracy of the employee's SSN because employers can be fined for submitting inaccurate W-2 forms, for example. The card is also commonly used to apply for a driver's license under the Real ID Act of 2005. The card is one of several options for documents that an applicant must provide to verify their identity. The card may also be used as documentation when setting up financial accounts or to resolve SSN discrepancies when processing educational loans. However, providing the card is not required. SSA and the stakeholders we interviewed also provided their perspectives on the implications of eliminating the card. One advantage of showing the card is to ensure the accuracy of the SSN, instead of relying on someone's memory. A disadvantage stakeholders cited included that the card alone is not sufficient to ensure the identity of the card holder, so other forms of identification are usually needed. However, most of the stakeholders we interviewed indicated that their processes would not change significantly if the card were eliminated. They would continue to collect SSNs, as required, but would use other documents for identification or verification purposes, or electronically verify the SSN with SSA. SSA officials also provided their perspective that eliminating the card may result in limited cost savings, if any. In 2016, SSA estimated that the cost to produce a card ranged from $6 for a replacement card requested online to $34 for a card requested in person at a field office. These estimates include staff time, technology, paper, printing, postage, and overhead. If the card were eliminated, only some of these costs would be saved because of the labor and other costs still needed to generate new SSNs. A conservative estimate of the savings based on the printing, paper, and mailing costs accounts for only $.60 of the cost of the card. SSA officials stated that the agency spent about $8 million in fiscal year 2016 on paper, printing, and delivery of the cards. However, implementing a new system to replace the card could offset these savings. Other implications of a cardless electronic system, stakeholders cited, included security and control over personal information and potential barriers for people with limited access to technology. This concludes my prepared statement, and I would be happy to answer the Committee's questions. Chairman JOHNSON. Thank you. I appreciate your testimony. [The prepared statement of Ms. Curda follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Mr. Lester, welcome. Please go ahead. STATEMENT OF SAMUEL LESTER, CONSUMER PRIVACY COUNSEL, ELECTRONIC PRIVACY INFORMATION CENTER Mr. LESTER. Chairman Johnson, Ranking Member Larson, Members of the Subcommittee, thank you for the opportunity to testify today. My name is Sam Lester. I am the consumer privacy counsel at the Electronic Privacy Information Center. EPIC is an independent, non-profit research organization here in Washington, D.C. established in 1994 to focus public attention on emerging privacy and civil liberties issues. I appreciate your interest in this critical topic. I cannot overstate the urgency that we update our privacy laws. There is no other form of personal information that poses a greater threat to privacy than the Social Security number. The recent Equifax breach exposed the Social Security numbers of over half of the U.S. adult population. The SSN was never meant to be an all-purpose identifier in the private sector. When it was first introduced in 1936 it was to be used only for the administration of Social Security taxes. The fact that it is now so pervasive as both an identifier and authenticator, a user name and a password, has undoubtedly contributed to the alarming rise in data breaches, identity theft, and financial fraud. SSNs are the keys to the kingdom for identity thieves. A criminal in possession of your SSN can file fraudulent taxes in your name, open new accounts in your name, take out lines of credit, and many other forms of fraud. If you are about to buy a home, for instance, you could experience your worst nightmare when a lender pulls your credit and sees that your FICA score is too low to qualify for a loan because someone has fraudulently run up debt in your name. For someone who has experienced new account fraud, it can take years to recover, financially. In 2017 identity theft impacted almost 17 million consumers. More importantly, consumers cannot protect themselves from the misuse of the SSN. As others have stressed, the Social Security Administration will only replace your SSN in the most extreme circumstances. And furthermore, the credit reporting industry makes it even more difficult for consumers. A credit freeze is burdensome and costly, and credit monitoring and fraud alert services do not adequately protect consumers. The CEO of LifeLock had his identity stolen 13 times after he displayed his real Social Security number in a commercial that was supposed to demonstrate how effective his product was at preventing identity theft. There have been recent efforts to limit the use of the SSN, but much more needs to be done. For example, in 2017 Medicare finally announced it would remove SSNs from cards, the result of an effort led by Chairman Johnson and Representative Doggett of this Committee. Also, a number of states have taken steps in the right direction. For instance, Alaska now prohibits the use of SSNs by both private companies and the government without explicit legal authorization. This would be a good model for federal legislation, and also shows why federal law should not prevent states from enacting their own safeguards. To limit the devastating financial harm caused by the misuse of the SSN, Congress should take the following measures. Firstly, the SSN should be prohibited in the private sector without explicit legal authorization, and companies should be prohibited from compelling consumers to disclose their SSN as a condition of sale or service unless authorized by law. Secondly, Congress should promote the development of context-specific identifiers. For example, if you are going to do banking, you have a bank account number. If you are obtaining a driver's license, you have a driver's license number. The advantage of these context-specific identifiers is that if one number gets compromised, an identity thief does not have access to all your accounts. Finally, Congress must not replace the SSN with a national biometric identifier. This would be a very bad idea. This approach would pose serious privacy and security risks. In the massive breach of the Office of Personnel Management in 2015, foreign hackers targeted digitized fingerprints stored in federal databases. These risks would only be compounded if the U.S. were to move towards a national biometric identifier. Thank you for the opportunity to testify today, and I will be happy to answer your questions. Chairman JOHNSON. Thank you, sir. I appreciate your testimony, as well. [The prepared statement of Mr. Johnson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Mr. Rosenzweig. Mr. ROSENZWEIG. Thank you very much. Chairman JOHNSON. Is that the right pronunciation? Mr. ROSENZWEIG. Rosenzweig, but---- Chairman JOHNSON. Weig, okay. Mr. ROSENZWEIG. Thank you very much. Chairman JOHNSON. Pardon me. Well, please proceed. STATEMENT OF PAUL ROSENZWEIG, SENIOR FELLOW, R STREET INSTITUTE Mr. ROSENZWEIG. Thank you very much, Chairman Johnson, Ranking Member Larson, Members of the Subcommittee. I too am pleased to be able to speak with you today about the future of the Social Security number. The Social Security number has a long history of utility as an identifier. I don't think that is the problem. The use of it as an identifier is no different than the use of my phone number as an identifier or the use of my name as an identifier. The problem is that the Social Security number has mutated in its use, so it is now also an authenticator of my identity. Authenticators are classically only useful if they involve something that you know exclusively, something you have, or something you are, and they are kept confidential. Today Social Security numbers are so deeply compromised and so widely available in public--albeit often through criminal means--that they can no longer be used as an authenticator. This is because recent incidents like the Equifax breach that we have already spoken of, and whose anniversary occurs this week, have effectively disclosed the vast majority of previously confidential Social Security numbers. My own Social Security number, to my knowledge, has been breached at least three times in the past four years. So I feel this quite personally. As a result, in my view, any enterprise that continues to use a Social Security number as an authenticator is engaging in borderline privacy and security malpractice. Yet some do. Just the other day I was shocked that a bar renewal membership used my--the last four of my Social Security as a way of authenticating my identity. And this was a governmental use. So what should we do about that? What should we do in response to the problem? In my judgement, Congress has three logical options. The first is to, as Mr. Lester has just suggested, regulate or outlaw Social Security numbers. That is a plausible solution, but one that I respectfully think is not appropriate. That comes with all the usual disadvantages of government intervention: regulatory gridlock, administrative costs, enforcement mechanisms that are necessary, along with procedural safeguards, as well. In short, I think a regulatory response will come with a great deal of expense and be a relatively slow result, perhaps even no quicker than the next solution, which is to do nothing. In a lot of ways, the market is addressing this problem. The disutility of SSNs as an authenticator has become widely known and is increasingly on the decline (sic). Eventually, the market will take care of the problem. The problem with that answer, of course, is that before it does, a great number of Americans will suffer from data breach and identity theft. So I think that is a second-best solution. The best solution, in my judgement--and one of the joys of being in a think tank is your ability to think creatively about problems and think outside the box--is to eliminate the utility of the Social Security number as an authenticator. Make it impossible, in practice, for anyone to continue to use it in this way. One simple and quite elegant solution that I offer both as a thought experiment and also as a possible practical solution is to simply publish a phone book with every citizen's Social Security number in it. In other words, by publishing it publicly, we would make it impossible for any enterprise to continue to legitimately use it as an authenticator of identity. To continue to do so after that and after a suitable transition time would, in my judgement, be per se negligence of the sort that ought to involve liability for the enterprise. One final point that I would make. Congress needs to look to its own house. Repeatedly in law we have mandated the collection of Social Security numbers as identifiers, and sometimes continued to use them as authenticators, as my colleague has already testified to. At a minimum, I think it is incumbent upon Congress to review government's use of the Social Security number and its processes, if only so that by cleaning up our own house we can speak to the private sector with authority. I thank you for the opportunity to testify before you, and I look forward to the chance to answer questions. Chairman JOHNSON. Thank you, sir. I appreciate your testimony. [The prepared statement of Mr. Rosenzweig follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Mr. Grobman, you are recognized. STATEMENT OF STEVE GROBMAN, SENIOR VICE PRESIDENT AND CHIEF TECHNOLOGY OFFICER, MCAFEE, LLC Mr. GROBMAN. All right, good morning, Chairman Johnson, Ranking Member Larson, and Members of the Subcommittee. It is a proud honor to testify today. And Chairman Johnson, it is an honor to work in your district. McAfee actually has its largest U.S. location in Plano, Texas. So it is an honor to testify today. As McAfee's senior vice president and CTO I set our technical strategy to protect connected computing worldwide for both consumers and business architectures. I have worked in the field of cyber security for 2 decades, and have 24 U.S. and international patents in the fields of security, software, and computer architecture. McAfee is one of the world's leading independent cyber security companies providing solutions for both business and consumers. The nine-digit Social Security number first appeared as an identifier in 1936, but has since become the de facto national identifier and federal credential, uses for which it was never intended. Simply knowing a Social Security number has become accepted as a mechanism to impersonate an individual, and the Social Security number has become the premier target for cyber criminals. Social Security numbers are sold in bulk in the black market for as little as $1 each. And once stolen, a Social Security number cannot easily be reissued or replaced. Last year's Equifax breach resulting in 145 million U.S.-based users having their personal information compromised reminds us that the U.S. needs to modernize its national identification standard. There are three elements that need to be discussed when we transition to a next-generation personal identifier: identity, authentication, and authorization. In our current model Social Security numbers play a role in all three. Identity is an identifier that can be public. It is like an individual's Twitter handle; it identifies an individual, but simply knowing the handle doesn't enable someone to impersonate the account holder. Whereas, authentication is the process of proving that you are a specific identity, and generally relies on one of three types of factors: either something you know, like a password; something you have, like a smart card; or something you are, such as a biometric. An authorization is granting a specific capability or benefit to a specific entity. All three parts need to be in scope for a next generation system. We have all the technology pieces to move towards a high- quality, high-security, well-thought-out, next-generation identity management system based on strong authentication. What is more difficult is understanding the requirements that will be acceptable for both government and the citizens. We need to ask questions such as is this a solution exclusively for government-related services? How can a system be inclusive to all citizens, regardless of wealth or access to advanced technologies? Does a government biometrics database create unacceptable privacy issues? How will recovery mechanisms work when technology assets are lost or stolen? What are the cost constraints, funding options, and timelines for implementing and maintaining a solution into the next generation, and how long does the underlying cryptography need to last? This last question is interesting, in that we are on the verge of quantum computing becoming a viable reality. Quantum computing is well suited to break the underlying cryptography that protects the world's data. Specifically, RSA, but public key algorithm which is the heart of most protection and identity solutions. A next-generation architecture must comprehend the quantum computing world we will likely face in the next few decades. We need to look at what technology options are available, and I have been asked whether things such as blockchain could be useful. I do not recommend it. While a powerful technology providing properties such as decentralized trust, blockchain also brings scalability, complexity, and its own security challenges. In the case of our next-generation system, we do have a trusted central authority: the U.S. Government. We need to focus on the problem that we are trying to solve, and the one thing that we must do is not use the current system that we have. A few quick recommendations: We need an identity management executive order that outlaws the use of Social Security numbers as authenticators; We need to push federal agencies to act as validators of identity and mandate all federal e-government services require the use of strong authentication; We need to let innovation flourish. NIST and the private sector can work together on this. And we need to move faster in implementing quantum-safe algorithms to protect both data protection and identity solutions. It is an honor to testify to this Subcommittee. I appreciate your interest in considering my recommendations, and look forward to answering your questions. Chairman JOHNSON. Thank you for coming all the way from Plano. Mr. GROBMAN. You bet. [The prepared statement of Mr. Grobman follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Mr. Grant, welcome. Please go ahead. STATEMENT OF JEREMY A. GRANT, COORDINATOR, BETTER IDENTITY COALITION Mr. GRANT. Thank you. Good morning, Chairman Johnson, Ranking Member Larson, Members of the Committee. Thank you for the opportunity to discuss the future of the Social Security number with you today. I am here on behalf of the Better Identity Coalition, an organization launched earlier this year focused on bringing together leading firms from different sectors to develop a set of consensus, cross-sector policy recommendations that promote the adoption of better solutions for identification and authentication. The Coalition's founding members include recognized leaders from diverse sectors of the economy, including financial services, health care and technology, telecommunications, fin tech, payments, and security. Our members are united by a common recognition that the way we handle identity today in the U.S. is broken, and by a common desire to see both the public and private sectors each take steps to make identity work better. As background I have worked for more than 20 years at the intersection of identity and cyber security. In 2011 I was selected to lead the National Strategy for Trusted Identities in Cyber Space, which was a White House initiative focused on improving security, privacy, choice, and innovation through better approaches to digital identity. In that role I also led the identity team up at NIST. I left government three years ago, and now lead the technology business strategy practice at Venable, a law firm here in town with the country's leading privacy and cyber security practice. And in that role I serve as the coordinator of the Better Identity Coalition. Let me say I am grateful to the Committee for calling this hearing today. The SSN is a key component of our identity infrastructure, and the future of this number impacts every American. Up front, I would submit that many of our challenges here are linked to more than 80 years of contradictions in policy around how this number should be managed and used. Among the biggest contradictions, the SSN is simultaneously presumed to be both secret and public: secret, because we tell individuals to guard their SSN closely; public, because we have multiple laws that require individuals to give it out to facilitate all sorts of interactions with industry and government; secret, because we then tell those entities to ensure that, if they store it, which the law often requires them to do, that it be protected; and public, because that has proven quite hard to do, to the point that the majority of Americans' SSNs have been compromised multiple times over the last several years, amidst a wave of data breaches. Now, these contradictions are not the result of anything malicious. On the contrary, they reflect years of trying to balance several important roles played by the SSN and the Social Security Administration. What is most important now is that the government, one, recognizes these contradictions and, two, takes steps to put policies in place that are more consistent, and that put us on a path towards a system that enhances security, privacy, and convenience for Americans. I believe there are five areas where change is needed. Firstly, when talking about the future of the SSN and whether it needs to be replaced, it is essential, as Chairman Johnson noted and many members of the panel have noted, to understand the difference between the number's role as an identifier, which is a number used to sort out which Jeremy Grant I am among the hundreds in the U.S., and its use as an authenticator, which is something that can prove I am actually this Jeremy Grant. SSNs should no longer be used as authenticators. That means, as a country, we stop pretending this number is a secret, or that knowledge of an SSN can be used to prove that someone is who they claim to be. Secondly, just because SSNs should no longer be used as authenticators does not mean that we need to replace them with some sort of new SSA-issued identifier. I have yet to see any proposal here that does not involve spending billions of dollars and confusing hundreds of millions of Americans with very little security benefit. Rather than create a new identifier, our focus ought to be on crafting better authentication solutions that are not dependent on the Social Security number and are resilient against modern vectors of attack. Thirdly, on the authentication topic, there is good news. Multi-stakeholder efforts like the FIDO Alliance and the World Wide Web Consortium have developed standards for next- generation authentication that are now being embedded in most devices, operating systems, and browsers in a way that enhances security privacy and the user experience. The government can play a role in accelerating the pace of adoption. Fourthly, even if we assume the SSN is publicly known, that does not mean it needs to be used everywhere. Many of the members of the Better Identity Coalition would love to reduce where they use the SSN, due to the risks that it presents to them, relative to other identifiers. However, they are running up against laws and regulations that require them to collect and retain the SSN. Finally, we need to focus not just on the SSN, but also the future of the Social Security Administration. The issue here goes beyond the future use of a nine-digit number to encompass a broader topic: What role should the government play in the future of the identity ecosystem? Now, while identity may not be a part of the SSA's mission statement, there is no question that in 2018 the SSA is in the identity business. It is time to acknowledge that fact and then take a step back to contemplate what that means. Having agencies like SSA accept their role here may be the most impactful thing that the government can do to help solve our identity challenges. Specifically, like allowing consumers to start asking agencies that have their personal information to vouch for them to parties they seek to do business with. The SSA and state departments of motor vehicles have the most to offer here, and this concept was embraced in the 2016 report from the Bipartisan Commission on Enhancing National Cyber Security. The Federal Government should work to, one, develop a framework of standards and rules to make sure this is done in a secure, privacy-protecting way; and second, fund work to get it started. I appreciate the opportunity to testify today and look forward to answering your questions. Chairman JOHNSON. Thank you, sir. [The prepared statement of Mr. Grant follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Mr. Lewis, welcome. Thank you for being here. Please proceed. STATEMENT OF JAMES LEWIS, SENIOR VICE PRESIDENT, TECHNOLOGY POLICY PROGRAM, CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES Mr. LEWIS. Thank you, Mr. Chairman and Ranking Member Larson. I thank the Committee for the opportunity to testify. One of the leading scientists of the 20th century said that an expert is a individual who has made all possible errors in a particular field. And I think that qualifies me as a expert in this issue, since I have been involved in programs like this since 1992, none of which have worked. So let's give it a try. We have all heard how the SSN is the key identifier. It is unique to each individual. It is issued by a trusted source. And most importantly, it links to different databases. So your SSN can link to your bank, your tax account, your driver's license. It is irreplaceable. It is invaluable for business. But as we have heard, it is also invaluable for crime. One estimate is that somewhere between 60 and 80 percent of all Social Security numbers have been stolen. Another estimate puts the cost of stolen Social Security numbers at $16 billion annually. I think the Committee is on the right track here by looking at ways to modernize and strengthen the SSN, the Social Security number, because this will provide real benefits and reduce crime. Our goal should be to provide the same level of service and security that citizens expect from the private sector, or that citizens enjoy in other developed economies. There are several options for modernizing the SSN. These include federated authentication of identity, public encryption, blockchain, and smart cards. Some of these have been tried in the past, but they faced problems of complexity, cost, and they raise privacy concerns. Simply publishing the SSN, as you heard, is a--is the least expensive option, but it doesn't fix all the problems we face. An easy first step would be to replace the Social Security card with a smart card, a plastic card with an embedded chip, like the credit cards that most of us carry. Millions of commercial transactions are carried out with these cards every day. Most people are familiar with them, which would ease the burden of both acceptance and transition. A smart card provides a foundation for a secure Social Security number. When your credit card is stolen, your financial institution cancels the old one and issues you a new number. You are still linked to your account, you are still responsible for any legitimate charges, but you are not linked to the old number. And a similar approach might help us in thinking about how to streamline, modernize, and make the Social Security number more secure. Social Security Administration could use a similar approach. It could administer a smart card approach, or it could contract it out to the private sector, a solution that other countries have used. Further debate is required, and I think we all recognize that, to decide which modernization option is best and, equally important, how we will pay for it, because there is no free replacement for the SSN. Blockchain technology may offer an option for a modernized SSN, but it is not ready, as you have heard. It is not yet mature. The best argument for smart cards is that we already use them on a massive scale. Companies and citizens are familiar with them. Implementation, of course, would be difficult. Any change for so venerable an institution is going to be difficult. But we have the advantage of knowing the technology and processes already work because of our experience with credit cards and banks. Thank you for the opportunity to testify. I look forward to your questions. [The prepared statement of Mr. Lewis follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman JOHNSON. Thank you, sir. I appreciate that. We will now look to questions. As is customary, for each round of questions I will limit my time to five minutes, and I ask my colleagues to also limit their questioning time to five minutes, as well. Acting Commissioner Berryhill, the alarming story about the child in Arizona raises many questions about how Social Security treats identity theft victims. Are you taking a close look at how you handle requests for new Social Security numbers? Ms. BERRYHILL. Mr. Chairman, I am very aware of the case that you are referencing in Arizona, and thank you for bringing that to our attention. We have worked very hard with our staff to issue clarification policies to all of our front-line employees. We have also held national calls with all managers, area directors, and we also decided that we would have regional experts available to the front-line employees at the time, when the time comes, where they have a complex case. In this situation, we would consider that a complex case. So having those regional experts that are well-trained on enumeration, on replacement cards, on new--issuing new SSNs I think will help. So we took that immediate action, and all those actions have been accomplished. Chairman JOHNSON. Well, with more than 1,200 field offices, what are you doing to make sure that your policies are being followed? Ms. BERRYHILL. That is why we held national calls with all of our managers and our area directors that have oversight to our managers, and we will continue to do checks and balances to make sure that those policies are followed. I really believe having a regional expert there so the front line employees can consult if they have questions is really going to be a key change for SSA. Chairman JOHNSON. You know, I was shocked to learn that Social Security employees' voicemails tell callers to record their Social Security number with their name and phone number to get a return call. How is that a good practice, given all the concerns with identity theft and phone scams? Ms. BERRYHILL. I certainly understand that, and I am aware of that situations that we have (sic). We do use the Social Security number to look up our records. Certainly, if an individual is not comfortable leaving their Social Security number, they should not do that. However, it does expedite the transaction when they call us back. We can certainly, in the front line, pull up someone's record, have that available so when we return that call we can quickly go through the process with them and answer any questions. But again, if someone is uncomfortable, they should not leave their Social Security number. Chairman JOHNSON. Okay. Well, maybe we ought to take another look at that. Mr. Grobman, this panel has talked about some big ideas today. What do you think? Mr. GROBMAN. I think the---- Chairman JOHNSON. Is now the time to take action? Mr. GROBMAN. Absolutely. I think the one thing that we heard universally across this panel is using Social Security numbers as authenticators is something that needs to be addressed as the most time-critical element of the issue. There are clearly other issues on the fringe of Social Security number as an identifier. But from a magnitude perspective, looking to remove Social Security knowledge as an authenticator is something that we must act on immediately, and invest whatever it takes in order to make that a practical reality. Chairman JOHNSON. Yes, we have been trying to do that for 20 years. Mr. Larson, you are recognized. Mr. LARSON. Thank you, Mr. Chairman. I want to thank the panelists. It is--we have an awful lot of hearings, but it is always refreshing when you actually have panelists who give you some solutions, as well. Acting Secretary Berryhill, first of all, let me commend you for your service. Let me also acknowledge that there is no one who has been working harder to make sure that we have a permanent chair of-- the Secretary of Social Security than the chairman himself. And we have--support him in those efforts, and hope that the administration will act soon, but want to thank you for your service. I think there is unanimity on the Committee with respect to authentification (sic). How would you go about implementing that? And what is the cost of that? Ms. BERRYHILL. So certainly, any ideas--I think there has been some great ideas listed by the panel Members today--we will take all of them and review them and cost them out. Certainly not something I could address today. Lots of ideas are good, but then you have to look at the price tag that is attached to them. So again, we will go back and take a look at any ideas that the Committee would like us to look at. Mr. LARSON. Any idea on that price, Mr. Grobman? Mr. GROBMAN. I think one thing that we need to recognize when we look at the price is the price of not taking action. So if you look at the cost related to fraud or misuse of Social Security numbers as authenticators, my opinion is that is a staggering figure that needs to be comprehended when looked at the cost of implementing a new plan. Mr. LARSON. Mr. Lester, you had the--a number of solutions. But one of the things that you emphasized is that you--we make sure that we steer clear of any biometric solution. Would you explain why? Mr. LESTER. When Congress passed the Privacy Act in 1974, they were explicitly responding to and rejecting calls for a national identification system. There are national identification systems that rely on biometrics in other countries that raise really grave civil liberties and privacy concerns. For example, in India their new biometric system--AADHAR, I think--was recently breached, compromising the biometric data on its 1.2 billion citizens. I think that any problems with a biometric system are demonstrated by the recent breach of the OPM. Mr. LARSON. Would all the panelists agree that that is a reasonable concern? Mr. GROBMAN. I think it very much depends on the problem that you are trying to solve. In India, part of what they were trying to solve was there was no starting point, and they needed to ensure that an individual only registered a single time for benefits. So, by using biometrics, it prevented an individual from registering in one town and then walking down the road to another town and registering again. So, in that case, biometrics was a practical technology in order to solve that specific problem. I don't believe we have that problem at scale in the U.S. And therefore, I think the points are well taken that we should look for other, less privacy-intrusive mechanisms as a first step. And as Mr. Lewis mentioned, things such as smart cards can be a much more rapid practical option that could be distributed without requiring every citizen to have biometrics---- Mr. LARSON. Is there consensus amongst the panel with respect to smart cards? Mr. Rosenzweig. Mr. ROSENZWEIG. I--Rosenzweig. I think it is a good interim solution. But to be honest, you know, the smart card security system is not itself terribly robust. We have all experienced credit card fraud, as well, that is a result of a lot of that. On the issue of biometrics, I think it really is the difference between a centralized database and a distributed database. Biometrics, as a localized identifier, is actually something that the--President Obama's White House supported as a substitute for passwords because they are more readily usable by most citizens than the password system. So I wouldn't write with such a broad brush---- Mr. LARSON. You also objected to one of Mr. Lester's solutions. Could you explain why? And hopefully Mr. Lester will get a chance to reply. Mr. ROSENZWEIG. Well, I don't so much object. Regulation is clearly one of the normal tools in our toolkit here in Washington, alongside taxation---- Mr. LARSON. Is it regulation or the efficiency of the ability to regulate? Mr. ROSENZWEIG. Well, we all live in Washington. I am not a fan of our efficiency in the regulatory system. To take just-- to be brief about it, we have already acknowledged that it would have to exclude legal uses---- Mr. LARSON. City of northern charm and southern efficiency? Mr. ROSENZWEIG. Indeed. Mr. LARSON. No disrespect to anyone from the South, but---- Mr. ROSENZWEIG. I think it would cost us quite a bit and take far too long. Chairman JOHNSON. The gentleman's time has expired. Mr. Kelly, you are recognized. Mr. KELLY. I thank you, Chairman, and thank you all for being here today. Mr. Rosenzweig, I had a coach in high school had the same name, we just called him Rosie. So maybe the rest of the panel can do that. [Laughter.] Mr. KELLY. First of all, thank you all for being here. But, you know, Ms. Berryhill, I am--I think when we look at the size and scope of the program, and the number of beneficiaries, is there anybody in the private sector that even comes close to facing these types of problems, as far as making sure we are sending the right money to the right people, and the fact that there is so much fraud in the system already? Is there any approach out there that people are looking at that would make sense? Ms. BERRYHILL. So, you know, first of all, we need to protect our records. And our focus for the Social Security number has been collecting wage information and paying benefits. We have a robust, anti-fraud process that we put in place, so we review claims ahead of time, we will flag certain high- risk claims. But as far as comparing that to the private sector, we have to make sure that, in government, that our beneficiaries, our recipients are protected, and their data is protected. Mr. KELLY. Well, it just seems to me the very nature of the way we do things today--we have a safe that we put things into that we cannot lock. There is somebody finding a way to get into this data all the time, and yet we keep thinking, well, you know what? This is just the way we do things today. We are going to just have to keep going down that path. I just--I am really fascinated. Mr. Grobman, you said something I have written down here. Is there any information that indicates the cost of not finding a remedy to this? I think those numbers would be so staggering that most of us would not even want to discuss it. Is there any idea of what the cost of not fixing this is-- because it seems to me--there is an old saying. You keep doing the same thing over and over again, expecting a different result--I don't see how we fix this the way we are going right now. So that cost of not fixing it, any ideas? Mr. GROBMAN. I don't have a quantitative number. Mr. KELLY. Yes. Nobody does. The Chairman is right; it is the definition of insanity, but---- Mr. GROBMAN. There is one estimate, and it was from The Economist, and it was $16 billion a year. Mr. KELLY. Sixteen? Mr. GROBMAN. Billion. Mr. KELLY. Billion, with a B. That is--down here. One, six, and with a B, billion. So--okay. Mr. Grant, some companies have recognized problems with the Social Security number and have shifted their business models in response. Can you share some examples in the private sector of how people are addressing this? Mr. GRANT. Sure. So one of the founding members of our coalition is Aetna, who--their chief security officer, Jim Routh, and the team there led an effort I think they launched in 2014 focused on reducing the instances of the Social Security number within their systems. Talking about costs, this is a 6-year, roughly $60 million investment that the company is voluntarily undertaking because they think that they can reduce their risk profile by reducing the instances of the SSN across their enterprise. And I think to date they have eliminated about 10 billion instances, which--not that they have 10 billion beneficiaries, but it shows you, if I am one of theirs, that I probably had my SSN in a dozen different systems. So, you know, companies are willing to do this today, and I think you are starting to see, you know, particularly Fortune 500 companies who are holding on to SSN are looking at it as a liability. But the cost is significant. It can't happen overnight. They are also hindered in that, as a health insurer, they are required by the government to leverage the SSN for pretty much all of their government business, as well as any beneficiary who they have to report to the government had health insurance. So, you know, I highlighted this a little in my opening testimony. There is a lot of government requirements that are out there that state that private industry has to collect the SSN. As long as we have those out there, it is going to be quite hard to eliminate it entirely. Mr. KELLY. As we keep going forward, then, I--and we all look at this program and we refer to it as an entitlement, and some people say that is a negative term. No, entitlement means you are entitled to this benefit because you have paid into it your whole life. I think there is total agreement on this Committee and throughout the whole Congress that we have to protect this program because it is so vital to our folks. Listen, I really appreciate you all being here today, but could you please continue weighing in and give us other examples and other solutions to what it is we are trying to fix? It is just this is so massive right now, I think it is one of those things you sit back and say it is too big for us to work with. But I like Mr. Grobman--it is only going to get bigger and bigger and more expensive if we don't do it. Mr. GROBMAN. Absolutely. And I think, following up on that comment, one of the things we need to look at is the opportunity cost of continuing to try to protect Social Security numbers from becoming public, when we know that they are already public in so many cases. So, although there are a number of interesting efforts put forward in the last few years to reduce the disclosure of Social Security numbers, what I would ask is what if we re- purposed all of those efforts into building a modern authentication system so that we just simply use Social Security number as an identity, not an authenticator. Mr. KELLY. Very good. Thank you. Chairman JOHNSON. The gentleman's time has expired. Mr. Pascrell, you are---- Mr. PASCRELL. Thank you, Mr. Chairman. A great panel. I want to start by--Mr. Lester, would you respond to Mr. Larson's question that you didn't get a chance to respond to before? Mr. LESTER. Sure. So I think you are talking about the cost---- Mr. PASCRELL. You got 30 seconds. Mr. LESTER. I think you are talking about the costs of regulation, right? So Mr. Rosenzweig talked about the cost of regulating this, and I would just like to mention a cost which is 16.7 billion, to be precise. That is the amount that was stolen as a result of identity theft in 2017. The cost of not regulating is in the billions. And furthermore, what we are talking about is restoring the Social Security number to its original purpose, which is to be used only by the Social Security Administration. That is what it was intended for. Congress has many times looked at this. When they passed the Privacy Act in 1974, that is originally what it was intended to do. So---- Mr. PASCRELL. Thank you. Mr. LESTER. Yes. Mr. PASCRELL. Thank you. Last month, Mr. Grant, the Ways and Means Committee marked up a bill to protect children and consumers from identity theft--it was H.R. 5192--by helping reduce the prevalence of synthetic identity fraud. The bill would do this by facilitating the validation of identifying information provided by lenders, and upon the consent of the customer--consumer, rather, I am sorry--through a database maintained by the Social Security Administration. The bill is considered an important step that Congress took to help prevent identity theft. But I wanted to get your view very quickly about what the extent this validation system will solve the problem or not. What is your thoughts? Mr. GRANT. So I actually talked about this a bit in my written testimony, but didn't get to it in my opening statement. I think it is a great first step. The idea actually goes to a key point that I flagged in my opening statement, which is can we shift the model a little bit when it comes to identity verification services, so that government agencies like the SSA that are the authoritative roots of trust when it comes to my data--they have got the truth, in terms of what my name and my SSN are--why can't I ask them when I am opening an account to let my bank check to see if there really is a Jeremy Grant with my SSN and date of birth in their system? And so this new bill, if it passes--and I think it is also in the Senate reg reform package for banking that is currently in front of the House--will be a good first step. But two things I would add to that. It is only limited to account openings covered under the Fair Credit Reporting Act. I can't imagine, as a consumer, why I wouldn't want to ask SSA to validate that for everybody. And then I think the other question that has come up is if we are worried about synthetic identity fraud, this will take care of new account openings going forward. But there is probably, you know, thousands, if not millions of synthetic accounts that are out there today. And so, one question has been should financial institutions have an opportunity to have a one-time window where they could retroactively put existing accounts out there to make sure that things match? Mr. PASCRELL. Thanks, Mr. Grant, I appreciate that. Look, there is widespread data breaches at the Office of the Personnel Management, Home Depot, J.P. Morgan, Target, U.S. Postal Service, and, of course, Equifax. And they highlight the need to focus our attention on how better to authenticate identities. From a consumer protection standpoint, this is outrageous. Hackers assessed--accessed personally-identifiable information from millions of customer accounts. In the wrong hands, access to Social Security numbers, birth data, address, driver's license number could turn someone's life upside down. We must do everything possible to establish privacy safeguards Social Security (sic). Protecting the individual's personal information to ensure their identities are protected must be one of our top priorities. Should the burden be on the government to create a unique identifier to identify individuals, or should it be on the private corporations to establish unique identifiers with their clients? Anybody? Mr. Lester. Mr. LESTER. Right. So I think that is where the importance of context-specific identifiers comes into play. So if you are transacting with a company you have a unique identifier for that company. That way, if an identity thief steals that identifier, they do not have access to all your accounts, and they cannot open new accounts in your name and destroy your financial life. Mr. LEWIS. Congressman, if I could just add, in the many attempts we have had to come up with a national identifier, we have learned that there is only one trusted source, and that is the government. And that is why SSA is the default identifier. People don't trust other sources. Mr. PASCRELL. Mr. Chairman--thank you, but I must add this point to you. Are we really serious about doing this? Are we really serious about changing the culture, which is a different thing? And why haven't we done more? We need to ask ourselves that question. Chairman JOHNSON. You are right. Thank you for your questions. Mr. Rice, you are recognized. Mr. RICE. You know, this is a incredibly complicated problem, but it is not new. This is not new. Identity theft has existed since people had identities, right? Our--thinking back to law school and commercial paper, and in order to allow for the free flow of commerce, we had laws to protect consumers with commercial paper. So a bank had a duty to know your signature, right? So if somebody forged your check, that wasn't your problem, it was the bank's problem. And that kind of applies here, too, doesn't it? I mean if somebody negligently releases your personal information, don't they have a liability for that? Mr. Lester. Mr. LESTER. Absolutely. The burden is on the companies that collect this information. It is important to stress that Equifax chose to collect the information on consumers. Consumers did not provide that information to Equifax. And in fact, when Equifax is breached, they are the ones that put the cost on the consumer by charging them for credit freezes and fraud monitoring. And I think it is also important to stress that there needs to be---- Mr. RICE. Did Equifax---- Mr. LESTER [continuing]. A private right of action---- Mr. RICE. Did Equifax have liability for that? Mr. LESTER. Absolutely, which is why I need to stress that there needs to be, in any privacy law, private right of action for consumers to get redress. Mr. RICE. So you are advocating for specific identifiers for everything. And I think I heard Mr. Grant say he didn't have a problem with Social Security as a national identifier. I think you said the same thing, Mr. Grobman, and you did, too, Mr. Rosenzweig. And I kind of agree with you. I mean everybody has got an identifier, right? It is their name, at the very least. But the name is not unique. I mean there is a lot of Tom Rices out there. So you need some type of a national identifier, I would think, to make commerce work. And I don't know why Social Security couldn't be that. But it can't be an authenticator, because it is not private any more. Right? Mr. Rosenzweig. Mr. ROSENZWEIG. Using my Social Security number as an authenticator is as stupid as using the last four letters of my last name as my authenticator. It--or the last four digits of my phone number, which is another--mobile phone numbers, now that they are mobile, everybody has one and it is probably one you are going to keep for the rest of your life, even if you move to Washington. Mr. RICE. And I just think that--I mean, personally, just as a matter of common sense, I think completely--the idea that you would completely identify--I mean eliminate any sort of unique identifier is just not practical. I mean we have got to have some kind of unique identifier, and I don't know why it couldn't be your Social Security number. So I would think that the way to attack this problem-- because this--I don't care what we do, I don't care if we come up with the most, you know, beautiful and complex system that would do away with any hacking today, tomorrow the hacker is going to figure out something different. This is not new, it has been going on since the beginning of time, and it is going to keep on going on. So I would think that the way to attack this is kind of like they did with commercial paper, and that we should put liability on people who negligently release your information. Mr. Rosenzweig. Mr. ROSENZWEIG. Well, there has been at least one proposal by a colleague of mine who was in the last Administration to make people strictly liable for that. For myself, I would probably prefer a negligence standard over strict liability, but I do think that what you are onto is exactly the right economic answer, which is putting the obligations on the least cost avoider. One of the reasons that I kind of like my fanciful proposal of publication is that it makes it impossible for anyone to maintain the idea of security for the Social Security number as an authenticator. Liability would be another opportunity. Mr. RICE. What do you think about that, Mr. Grobman? Mr. GROBMAN. Oh, cyber crime is a market-driven enterprise. Cyber criminals are looking to steal things of value. And the reason that cyber criminals are looking to steal Social Security numbers is in today's world they have value because they can be used as an authenticator. One of the most practical ways to stop the theft is to de- value what they are going after. And that is, in general, a much more practical mechanism at scale than trying to have the world---- Mr. RICE. Okay, I got to stop because I only have 10 seconds. If you all would respond to this by raising your hand, do any of you--who of you have a problem with using Social Security numbers as an identifier, but not an authenticator? One. One out of eight. Thank you. Chairman JOHNSON. The time has expired. Ms. Sanchez, you are recognized. Ms. SANCHEZ. Thank you, Mr. Chairman, and thank you to all of our witnesses. Social Security numbers were originally created as a way to track earnings, and were never meant to be used as an identifier in the private sector. The Social Security number has since morphed into a tool used to identify and authenticate individuals in a number of different situations, greatly expanding the universe of people and companies who have access to this incredibly valuable information. The ubiquity and widespread use of Social Security numbers has left consumers vulnerable to identity theft helpless to stop it. As we all know, Social Security numbers are incredibly valuable for identity thieves, and can be used to open new accounts and credit cards, or even take out mortgages, often leading to financial ruin for unsuspecting and innocent consumers. And as technology continues to advance at alarming rates, our unique Social Security numbers are increasingly vulnerable to cyber theft and fraudulent use. Recent data breaches demonstrate the urgent need to secure this information and just how valuable Social Security numbers and other personal data are. The Equifax hack alone comprised over 145 million American--pardon me, compromised over 145 million Americans' personal data, including their Social Security numbers. That is almost half of the U.S. population who are now at risk for identity theft or financial fraud. Social Security numbers have become the default identifier because they are truly unique, standardized, and can be verified. But as more and more of our personal information is available on the dark web for cheap, we need to start thinking about the best ways to identify and verify individuals. Mr. Lester, I would like to begin by asking you. Americans, consumers, don't have a full picture of what information is being collected about them. What kind of data is being collected about Americans? And are companies required to protect it? Mr. LESTER. Thank you. So first I would just like to clarify raising my hand to Representative Rice's poll question, because it wasn't a yes or no answer. I don't have a problem with the Social Security number being used as an identifier for Social Security. To answer your question, companies are now collecting vast amounts of data on consumers, and the problem is that consumers do not have control over this data. When Equifax collects data from consumers it is getting it from other commercial sources, and consumers are not providing it to Equifax. And so, in addition to limiting the use of the Social Security number in the private sector, consumers need to have control over their personal information. There needs to be a default credit freeze so that companies like Equifax can only disclose your information when consumers have affirmatively opted in. This would solve the problem of identity thieves opening up new accounts in your name, if Equifax could only pull your credit when you, as the consumer, have affirmatively given them permission to do so. Ms. SANCHEZ. Great. And--but I want to get at a--sort of a larger question that folks wonder from time to time: Are companies required to protect that information? Mr. LESTER. There is no federal standard right now for data security. The Federal Trade Commission does enforce data security when companies--you know, they have authority over unfair and deceptive practices. So if a company is representing they have good data security, like in the case with Uber, they represented over and over again our data security is great, when in fact it was non-existent. But no, there needs to be national standards that set a baseline, because states need to have the freedom to regulate upward in this area, because it is a dynamic and evolving field. So there needs to be a federal standard that sets a floor for data security. Ms. SANCHEZ. I would agree with that, and I would just say that I believe most consumers believe that companies are required to protect their information. Mr. Lester, could you talk a little more about how context- specific identifiers work, and the medical identification number that they use in Canada? Mr. LESTER. Oh. Oh, yes. So the medical identification number in Canada, as I understand it, it is a unique context- specific identifier. I am not super familiar with it. So I can certainly get back to you with more information on that. Ms. SANCHEZ. I would appreciate it, because I would be interested in knowing how that specifically works, because it might be instructive in terms of setting policy for how we begin to reign in the ubiquitous use of the Social Security number. Mr. LESTER. And there are many other examples of context- specific identifiers. In my statement I mention, like, the university identifier that is a recent innovation by universities like Georgetown, my school, where they give you a nine-digit ID number in lieu of using your Social Security number. Ms. SANCHEZ. Thank you, and I yield back. Chairman JOHNSON. Thank you. Dr. Wenstrup, you are recognized. Mr. WENSTRUP. Thank you, Mr. Chairman. I appreciate it. Thank you all for being here. Mr. Rosenzweig, I don't have a question for you, I just wanted a shot at saying your name, and I hope I got it right. [Laughter.] Mr. ROSENZWEIG. Perfect. Mr. WENSTRUP. Thank you. My question is for Ms. Berryhill. But listening to Mr. Johnson's story earlier, I am reminded of a song called ``Secret Agent Man,'' you know, and it says we are giving you a number and taking away your name. And that is a concern, obviously. But I want to ask you about getting a new Social Security number. You know, when you lose your credit card, or it gets stolen, I tell you what. That bank wants to get you a new one right away: one, because they want you to use it again; and two, they want to make sure that no more money comes out of their account, because it personally affects them, as well. And I don't see the same for the Social Security Administration in that environment because, if you think about it, when somebody's Social Security number is taken, the fraud is either at the bank, or through the IRS, a taxpayer. Maybe, if somebody is getting your Social Security check, it may affect you. I don't know. I am kind of asking about that. But why do we make it so difficult to get a new number when that really is the problem? Because I don't know that there is the same amount of concern on the Social Security Administration like there is at the bank when your credit card gets taken. And I know somebody mentioned it might be, like, $34 to get a new card. Well, that may be a lot on your end, but it is pretty small on the other end, where the fraud is taking place. So why is it so difficult to get a new number? Ms. BERRYHILL. So usually it is a last resort to issue a Social Security--new card, a new number, because it doesn't always solve the problem. Many times banks, other companies, will cross-reference the old number to the new number. So you haven't really solved the problem in many situations. We do look at misused--are people disadvantaged? Are they not getting a loan for their house? Are their IRS tax returns and so forth--but again, I hope that our recent change in looking at our instructions to our front line will help that. But our number, again, is really designed to collect wage information and to pay benefits. As you can see, many of the examples are really about credit card fraud, banking fraud, not about our programs. Mr. WENSTRUP. But let me get back---- Ms. BERRYHILL. Our---- Mr. WENSTRUP. Let me get back to my question. There is no harm, monetarily or otherwise, to the Social Security Administration's budget. It is usually affecting someone else. So you don't have the vested interest that the bank does in this situation. And the cross-referencing, that doesn't need to happen. They get rid of the old number. They don't need to keep that data. So I don't find that as a very good answer as to that being a problem. So I really think you need to take a look at what can be done to get somebody a new number, because that is exactly what a business is going to do. If your identifier is stolen, they have a motive to get you a new one to protect themselves. But I don't find that you are at risk when somebody's Social Security number is taken away in any way. So there is not this desire to solve this problem. But $34, if that is what it actually costs to give somebody a new card, new number, whatever the case may be, that is a pittance to the hundreds or thousands of dollars that are going out on the other end. I just want to--I want to clarify that, because there is really no detriment to the Social Security Administration, is that right? Ms. BERRYHILL. Well, I don't know if I would agree with that. Certainly, if we open up the flood gates and said everybody that wants a number come on and get one, we probably---- Mr. WENSTRUP. No, no, no, you would have to have a reason, not just say I don't like the number, it ends in an odd number and I want an even number. That--let's be realistic here. We are talking about people that have been victimized, not just anyone who wants a new number. Ms. BERRYHILL. And again, we believe that we want to do due diligence, we want to know what has happened with that number, we want to make sure that it is appropriate to assign them a new number. Mr. WENSTRUP. I get that. But why is it so hard? Why is somebody told they have to change their name? Ms. BERRYHILL. That was not an appropriate answer to say you change your name. Mr. WENSTRUP. Well, thank you. I think we need to look into that further. I yield back, thank you. Chairman JOHNSON. Thank you. Is Mr. Schweikert here? Mr. SCHWEIKERT. Mr. Chairman, I apologize. We also have the--running at the same time, so---- Chairman JOHNSON. You are recognized if you care to make some questions. Mr. SCHWEIKERT. And I actually had a couple--have you ever actually started to write down a couple questions and--where some of us have brutal disagreements on the utilization of node networks and--but it is also a threat to certain companies. So I want to go--I want to take one gigantic step backwards, because I have missed a number of the questions here. If I came to all of you, either as policy, technology experts and said how do we design almost a single portal in our society that, whether--have a combination of multi--I am a big fan of certain token tradeoffs with the biometric and a password. So you could go on there and see your last 10 years of your IRS tax returns, or of your Social Security benefits, your veterans discharge, your--you know, where all these things that we, as government--all of us, as government--hold on you, and create a single portal so you could see them, but in a way that would be safe, robust, elegant. And we have actually been sketching out a concept of sort of a, you know, pass code biometric to a token back--if I was to run down the line, A, is that just techno-Utopian; but B, would it actually not only solve our issue here on the misuse of Social Security numbers, but also some of the other policy decisions we as Congress and the bureaucracy have made of starting to blind documents for our Medicare population, and those things, and now having to get unique identifiers, and the re-issuing of such things, and the confusion and cascade of chaos I expect to come from that? And could--run down. Let's start. If I came to you and said I don't want a simple, incremental solution, I want a disruption of more--of a unified portal, can it be done? Ms. BERRYHILL. So my first concern was if that unified portal was breached, does that mean all of my information is then out there from all different---- Mr. SCHWEIKERT. It wouldn't if we designed permissions. So--and we will probably get to that, but there is a way to--so let's right now, for theoretically, just say it is--we were able to level--produce levels of security. Ms. BERRYHILL. I would certainly be willing to work with you on any ideas that you have. But again, my concern that if one portal--everything was breached, we would be in a worse situation today. Mr. SCHWEIKERT. Okay. Ms. CURDA. It sounds like a nice, aspirational idea. And the Federal Government, in terms of designing such complex systems, does not have a great track record. And it is extremely costly, so---- Mr. SCHWEIKERT. We were thinking we would go to McAfee and---- Ms. CURDA. Very difficult to do. Mr. LESTER. So, moving towards centralized database is exactly the wrong approach. I would use the example of container ships. They are compartmentalized, so that if there is a rocky wave, all the oil is not in one container to capsize the ship. It is the same with identity. As---- Mr. SCHWEIKERT. So why do countries like Estonia and others have incredible success because you create levels of permission that require--that--it is a unified portal, but different levels of permission and pass and security? Mr. LESTER. Is that for me? Mr. SCHWEIKERT. Yes. Mr. LESTER. I don't know about the case of Estonia. As I understand, it is a much smaller---- Mr. SCHWEIKERT. Yes, what is your coding background? Mr. LESTER. I am sorry? Mr. SCHWEIKERT. Your coding---- Mr. LESTER. My coding background? I don't have a coding background. Mr. SCHWEIKERT. Okay, sorry. And I am sorry, I was trying to go more technical than that. I am not being mean. Mr. ROSENZWEIG. I would say that Estonia is a good case study. My concerns would mostly be about scalability issues. Mr. SCHWEIKERT. Yes, that is actually fair. Mr. ROSENZWEIG. It is much smaller. I think that such a system is at least feasible within the context of design. I do share some people's concerns that U.S. Government large-scale procurement programs like this never seem to actually get there. So even if we could idealize it, the government sector might---- Mr. SCHWEIKERT. Oh, yes. Mr. ROSENZWEIG [continuing]. Not quite get it---- Mr. SCHWEIKERT. And let's be brutally honest. There will be a knife fight because---- Mr. ROSENZWEIG. Yes. Mr. SCHWEIKERT [continuing]. You are interrupting a lot of bureaucracies, layers of power and authority. Mr. GROBMAN. It can absolutely be done. I think if you look at the large-scale systems that exist today for authentication, whether it is financial services, whether it is some of the models that--there is numerous capabilities. The private sector has built a set of protocols that enable one entity to do authentication, and then allow that authentication to be honored by others. Things like SAML and OATH. Really, the discussion needs to be about getting the right balance between privacy and security---- Mr. SCHWEIKERT. Well, you hit one thing I fixate on, and that is--we hit quantum. I will absolutely have to have a token, because I think--because an algorithmic is under threat (sic). Mr. GROBMAN. So one of the key points I made in my written testimony is although we haven't settled on exactly what quantum-safe algorithms to use, in the design of a new system we can design it such that we have the ability to swap algorithms out as we---- Mr. SCHWEIKERT. Well, you don't think a token system would be more robust? Mr. GROBMAN. I think that it is part of the solution, but I think that the underlying cryptography that needs to be used in the solution does need to eventually be---- Mr. SCHWEIKERT. I need to learn more. If you have something I can read---- Chairman JOHNSON. The time of the gentleman has expired. Mr. SCHWEIKERT. Oh, all right. I will talk after. But thank you for tolerating me. I need to disclose I have had a lot of caffeine. [Laughter.] Chairman JOHNSON. Thank you. To keep pace with the identity thieves we need to start thinking beyond just protecting Social Security numbers, and start thinking about how to make the numbers less valuable to criminals in the first place. You know, it is time to take a hard look, I think, at the future of Social Security numbers, and to decide what needs to change to better protect Americans from identity theft. This hearing has given us a good starting point, and I look forward to working with my colleagues in the future to figure out the next steps forward. Americans are counting on us to get this right. They want, need, and deserve nothing else. Thank you to all our witnesses for your testimony today, and I thank you to our Members for being here. With that, the--you want to? Mr. LARSON. Yes. Chairman JOHNSON. I recognize Mr. Larson---- Mr. LARSON. I want to thank---- Chairman JOHNSON [continuing]. For a comment. Mr. LARSON. I want to thank the chairman. This is indeed one of the more interesting panels that we have. And as you can tell, a number of our Members still have a lot of questions. What we would like to ask of you is that if you could submit to us in writing--because it was very valuable to get your input--we don't--and the chairman has already indicated that we, as a Committee, will meet internally to digest what you send us in writing, in terms of your solution and also the urgency that you all attach with this, especially, as the chairman has already outlined, under authentification (sic), and how we might proceed. Because there is a--this was a very fertile and productive meeting. I thank the chairman. Chairman JOHNSON. Thank you. Mr. LARSON. And I appreciate the opportunity to respond. Chairman JOHNSON. Thank you. And thank you all for being here. We appreciate your presence. With that, the Subcommittee stands adjourned. [Whereupon, at 11:36 a.m., the Subcommittee was adjourned.] [Member Submissions for the Record follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Public Submission for the Record follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]