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Page 3 of 4 from The End of Privacy
Adam L. Penenberg, Forbes Magazine, 11.29.99
This gave him the ability to map my routines, if he had chosen to do so: how much
cash I burn in a week ( $400), how much I deposit twice a month ( $3,061), my
favorite neighborhood bistro (the Flea Market Cafe), the $720 monthly checks I
write out to one Judith Pekowsky: my psychotherapist. (When you live in New
York, you see a shrink; it's the law.) If I had an incurable disease, Cohn could
probably find that out, too.
He had my latest phone bill ( $108) and a list of long distance calls made from
home--including late-night fiber-optic dalliances (which soon ended) with a woman
who traveled a lot. Cohn also divined the phone numbers of a few of my sources,
underground computer hackers who aren't wanted by the police--but probably
should be.
Knowing my Social Security number and other personal details helped Cohn get
access to a Federal Reserve database that told him where I had deposits. Cohn
found accounts I had forgotten long ago: $503 at Apple Bank for Savings in an
account held by a long-ago landlord as a security deposit; $7 in a dormant savings
account at Chase Manhattan Bank; $1,000 in another Chase account.
A few days later Cohn struck the mother lode. He located my cash management
account, opened a few months earlier at Merrill Lynch &Co. That gave him a peek at
my balance, direct deposits from work, withdrawals, ATM visits, check numbers
with dates and amounts, and the name of my broker.
That's too much for some privacy hawks. "If someone can call your bank and get
them to release account information without your consent, it means you have no
privacy," says Russell Smith, director of Consumer.net in Alexandria, Va., who has
won more than $40,000 suing telemarketers for bothering him. "The two issues are
knowledge and control: You should know what information about you is out there,
and you should be able to control who gets it."
How did Cohn get hold of my Merrill Lynch secrets? Directly from the source. Cohn
says he phoned Merrill Lynch and talked to one of 500 employees who can tap into
my data. "Hi, I'm Dan Cohn, a licensed state investigator conducting an investigation
of an Adam Penenberg," he told the staffer, knowing the words "licensed" and
"state" make it sound like he works for law enforcement.
Then he recited my Social Security, birth date and address, "and before I could get
out anything more he spat out your account number." Cohn told the helpful worker:
"I talked to Penenberg's broker, um, I can't remember his name...."
"Dan Dunn?" the Merrill Lynch guy asked. "Yeah, Dan Dunn," Cohn said. The staffer
then read Cohn my complete history--balance, deposits, withdrawals, check
numbers and amounts. "You have to talk in the lingo the bank people talk so they
don't even know they are being taken," he says.
Merrill's response: It couldn't have happened this way--and if it did, it's partly my
fault. Merrill staff answers phoned-in questions only when the caller provides the
full account number or personal details, Merrill spokesperson Bobbie Collins says.
She adds that I could have insisted on an "additional telephonic security code" the
caller would have to punch in before getting information, and that this option was
disclosed when I opened my CMA. Guess I didn't read the fine print, not that it
mattered: Cohn says he got my account number from the Merrill rep.
Sprint, my long distance carrier, investigated how my account was breached and
found that a Mr. Penenberg had called to inquire about my most recent bill. Cohn
says only that he called his government contact. Whoever made the call, "he posed
as you and had enough information to convince our customer service
representative that he was you," says Russ R. Robinson, a Sprint spokesman. "We
want to make it easy for our customers to do business with us over the phone, so
you are darned if you do and darned if you don't."
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