Category Archives: Internal Revenue Service

Senators Urge FTC to Probe ID.me Over Selfie Data

Some of more tech-savvy Democrats in the U.S. Senate are asking the Federal Trade Commission (FTC) to investigate identity-proofing company ID.me for “deceptive statements” the company and its founder allegedly made over how they handle facial recognition data collected on behalf of the Internal Revenue Service, which until recently required anyone seeking a new IRS account online to provide a live video selfie to ID.me.

In a letter to FTC Chair Lina Khan, the Senators charge that ID.me’s CEO Blake Hall has offered conflicting statements about how his company uses the facial scan data it collects on behalf of the federal government and many states that use the ID proofing technology to screen applicants for unemployment insurance.

The lawmakers say that in public statements and blog posts, ID.me has frequently emphasized the difference between two types of facial recognition: One-to-one, and one-to-many. In the one-to-one approach, a live video selfie is compared to the image on a driver’s license, for example. One-to-many facial recognition involves comparing a face against a database of other faces to find any potential matches.

Americans have particular reason to be concerned about the difference between these two types of facial recognition, says the letter to the FTC, signed by Sens. Cory Booker (D-N.J.), Edward Markey (D-Mass.), Alex Padilla (D-Calif.), and Ron Wyden (D-Ore.):

“While one-to-one recognition involves a one-time comparison of two images in order to confirm an applicant’s identity, the use of one-to-many recognition means that millions of innocent people will have their photographs endlessly queried as part of a digital ‘line up.’ Not only does this violate individuals’ privacy, but the inevitable false matches associated with one-to-many recognition can result in applicants being wrongly denied desperately-needed services for weeks or even months as they try to get their case reviewed.”

“This risk is especially acute for people of color: NIST’s Facial Recognition Vendor Test found that many facial recognition algorithms have rates of false matches that are as much as 100 times higher for individuals from countries in West Africa, East Africa and East Asia than for individuals from Eastern European countries. This means Black and Asian Americans could be disproportionately likely to be denied benefits due to a false match in a one-to-many facial recognition system.”

The lawmakers say that throughout the latter half of 2021, ID.me published statements and blog posts stating it did not use one-to-many facial recognition and that the approach was “problematic” and “tied to surveillance operations.” But several days after a Jan. 16, 2022 post here about the IRS’s new facial ID requirement went viral and prompted a public backlash, Hall acknowledged in a LinkedIn posting that ID.me does use one-to-many facial recognition.

“Within days, the company edited the numerous blog posts and white papers on its website that previously stated the company did not use one-to-many to reflect the truth,” the letter alleges. “According to media reports, the company’s decision to correct its prior misleading statements came after mounting internal pressure from its employees.”

Cyberscoop’s Tonya Riley published excerpts from internal ID.me employee Slack messages wherein some expressed dread and unease with the company’s equivocation on its use of one-to-many facial recognition.

In February, the IRS announced it would no longer require facial scans or other biometric data from taxpayers seeking to create an account at the agency’s website. The agency also pledged that any biometric data shared with ID.me would be permanently deleted.

But the IRS still requires new account applicants to sign up with either ID.me or Login.gov, a single sign-on solution already used to access 200 websites run by 28 federal agencies. It also still offers the option of providing a live selfie for verification purposes, although the IRS says this data will be deleted automatically.

Asked to respond to concerns raised in the letter from Senate lawmakers, ID.me instead touted its successes in stopping fraud.

“Five state workforce agencies have publicly credited ID.me with helping to prevent $238 billion dollars in fraud,” the statement reads. “Conditions were so bad during the pandemic that the deputy assistant director of the FBI called the fraud ‘an economic attack on the United States.’ ID.me played a critical role in stopping that attack in more than 20 states where the service was rapidly adopted for its equally important ability to increase equity and verify individuals left behind by traditional options. We look forward to cooperating with all relevant government bodies to clear up any misunderstandings.”

As Cyberscoop reported on Apr. 14, the House Oversight and Reform Committee last month began an investigation into ID.me’s practices, with committee chairwoman Carolyn Maloney (D-N.Y.) saying the committee’s questions to the company would help shape policy on how the government wields facial recognition technology.

A copy of the letter the senators sent to the FTC is here (PDF).

IRS To Ditch Biometric Requirement for Online Access

The Internal Revenue Service (IRS) said today it will be transitioning away from requiring biometric data from taxpayers who wish to access their records at the agency’s website. The reversal comes as privacy experts and lawmakers have been pushing the IRS and other federal agencies to find less intrusive methods for validating one’s identity with the U.S. government online.

Late last year, the login page for the IRS was updated with text advising that by the summer of 2022, the only way for taxpayers to access their records at irs.gov will be through ID.me, an online identity verification service that collects biometric data — such as live facial scans using a mobile device or webcam.

The IRS first announced its partnership with ID.me in November, but the press release received virtually no attention. On Jan. 19, KrebsOnSecurity published the story IRS Will Soon Require Selfies for Online Access, detailing a rocky experience signing up for IRS access via ID.me. That story immediately went viral, bringing this site an almost unprecedented amount of traffic. A tweet about it quickly garnered more than two million impressions.

It was clear most readers had no idea these new and more invasive requirements were being put in place at the IRS and other federal agencies (the Social Security Administration also is steering new signups to ID.me).

ID.me says it has approximately 64 million users, with 145,000 new users signing up each day. Still, the bulk of those users are people who have been forced to sign up with ID.me as a condition of receiving state or federal financial assistance, such as unemployment insurance, child tax credit payments, and pandemic assistance funds.

In the face of COVID, dozens of states collectively lost tens of billions of dollars at the hands of identity thieves impersonating out-of-work Americans seeking unemployment insurance. Some 30 states and 10 federal agencies now use ID.me to screen for ID thieves applying for benefits in someone else’s name.

But ID.me has been problematic for many legitimate applicants who saw benefits denied or delayed because they couldn’t complete ID.me’s verification process.  Critics charged the IRS’s plan would unfairly disadvantage people with disabilities or limited access to technology or Internet, and that facial recognition systems tend to be less accurate for people with darker skin.

Many readers were aghast that the IRS would ask people to hand over their biometric and personal data to a private company that begin in 2010 as a way to help veterans, teachers and other public servants qualify for retail discounts. These readers had reasonable questions: Who has (or will have) access to this data? Why should it be stored indefinitely (post-verification)? What happens if ID.me gets breached?

The Washington Post reported today that in a meeting with lawmakers, IRS officials said they were considering another identity verification option that wouldn’t use facial recognition. At the same time, Senate Finance Committee Chairman Ron Wyden (D-Ore.) challenged the Treasury Department and IRS to reconsider the biometric requirements.

In a statement published today, the IRS said it was transitioning away from using a third-party service for facial recognition to help authenticate people creating new online accounts.

“The transition will occur over the coming weeks in order to prevent larger disruptions to taxpayers during filing season,” the IRS said. “During the transition, the IRS will quickly develop and bring online an additional authentication process that does not involve facial recognition. The IRS will also continue to work with its cross-government partners to develop authentication methods that protect taxpayer data and ensure broad access to online tools.”

“The IRS takes taxpayer privacy and security seriously, and we understand the concerns that have been raised,” IRS Commissioner Chuck Rettig wrote. “Everyone should feel comfortable with how their personal information is secured, and we are quickly pursuing short-term options that do not involve facial recognition.”

The statement further stressed that the transition announced today does not interfere with the taxpayer’s ability to file their return or pay taxes owed. “During this period, the IRS will continue to accept tax filings, and it has no other impact on the current tax season,” the IRS said. “People should continue to file their taxes as they normally would.”

It remains unclear what other service or method the IRS will use going forward to validate the identities of new account signups. Wyden and others have urged the IRS to use Login.gov, a single sign-on service that Congress required federal agencies to use in 2015.

“Login.gov is already used to access 200 websites run by 28 Federal agencies and over 40 million Americans have accounts,” Wyden wrote in a letter to the IRS today. “Unfortunately, login.gov has not yet reached its full potential, in part because many agencies have flouted the Congressional mandate that they use it, and because successive Administrations have failed to prioritize digital identity. The cost of this inaction has been billions of dollars in fraud, which has in turn fueled a black market for stolen personal data, and enabled companies like ID.me to commercialize what should be a core government service.”

Login.gov is run by the U.S. General Services Administration, which told The Post that it was “committed to not deploying facial recognition…or any other emerging technology for use with government benefits and services until a rigorous review has given us confidence that we can do so equitably and without causing harm to vulnerable populations.”

IRS to Make ID Protection PIN Open to All

The U.S. Internal Revenue Service (IRS) said this week that beginning in 2021 it will allow all taxpayers to apply for an identity protection personal identification number (IP PIN), a single-use code designed to block identity thieves from falsely claiming a tax refund in your name. Currently, IP PINs are issued only to those who fill out an ID theft affidavit, or to taxpayers who’ve experienced tax refund fraud in previous years.

Tax refund fraud is a perennial problem involving the use of identity information and often stolen or misdirected W-2 forms to electronically file an unauthorized tax return for the purposes of claiming a refund in the name of a taxpayer.

Victims usually first learn of the crime after having their returns rejected because scammers beat them to it. Even those who are not required to file a return can be victims of refund fraud, as can those who are not actually due a refund from the IRS.  

Many of the reasons why refund fraud remains a problem have to do with timing, and some of them are described in more detail here. But the short answer is the IRS is under tremendous pressure to issue refunds quickly and to minimize “false positives” (flagging legitimate claims as fraud) — even when it may not yet have all of the information needed to accurately distinguish phony filings from legitimate ones.

One way the IRS has sought to stem the flow of bogus tax refund applications is to issue the IP PIN, which is a six-digit number assigned to eligible taxpayers to help prevent the use of their Social Security number on a fraudulent income tax return. Each PIN is good only for the tax year for which it was issued.

But up until now, the IRS has restricted who can apply for an IP PIN, although it has over the past few years issued them proactively to some taxpayers as part of a multi-state experiment to determine if doing so more widely might reduce the overall incidence of refund fraud.

The IRS says it will make its Get IP PIN tool available to all taxpayers in mid-January. Until then, if you haven’t already done so you should plant your flag at the IRS by stepping through the agency’s “secure access authentication” process.

Creating an account requires supplying a great deal of personal data; the information that will be requested is listed here.

The signup process requires one to validate ownership of a mobile phone number in one’s name, and it will reject any voice-over-IP-based numbers services such as those tied to Skype or Google Voice. If the process fails at this point, the site should offer to send an activation code via postal mail to your address on file.

New IRS Site Could Make it Easy for Thieves to Intercept Some Stimulus Payments

The U.S. federal government is now in the process of sending Economic Impact Payments by direct deposit to millions of Americans. Most who are eligible for payments can expect to have funds direct-deposited into the same bank accounts listed on previous years’ tax filings sometime next week. Today, the Internal Revenue Service (IRS) stood up a site to collect bank account information from the many Americans who don’t usually file a tax return. The question is, will those non-filers have a chance to claim their payments before fraudsters do?

The IRS says the Economic Impact Payment will be $1,200 for individual or head of household filers, and $2,400 for married filing jointly if they are not a dependent of another taxpayer and have a work eligible Social Security number with adjusted gross income up to:

  • $75,000 for individuals
  • $112,500 for head of household filers and
  • $150,000 for married couples filing joint returns

Taxpayers with higher incomes will receive more modest payments (reduced by $5 for each $100 above the $75,000/$112,500/$150,000 thresholds). Most people who who filed a tax return in 2018 and/or 2019 and provided their bank account information for a debit or credit should soon see an Economic Impact Payment direct-deposited into their bank accounts. Likewise, people drawing Social Security payments from the government will receive stimulus payments the same way.

But there are millions of U.S. residents — including low-income workers and certain veterans and individuals with disabilities — who aren’t required to file a tax return but who are still eligible to receive at least a $1,200 stimulus payment. And earlier today, the IRS unveiled a Web site where it is asking those non-filers to provide their bank account information for direct deposits.

However, the possibility that fraudsters may intercept payments to these individuals seems very real, given the relatively lax identification requirements of this non-filer portal and the high incidence of tax refund fraud in years past. Each year, scam artists file phony tax refund requests on millions of Americans, regardless of whether or not the impersonated taxpayer is actually due a refund. In most cases, the victim only finds out when he or she goes to file their taxes and has the return rejected because it has already been filed by scammers.

In this case, fraudsters would simply need to identify the personal information for a pool of Americans who don’t normally file tax returns, which may well include a large number of people who are disabled, poor or simply do not have easy access to a computer or the Internet. Armed with this information, the scammers need only provide the target’s name, address, date of birth and Social Security number, and then supply their own bank account information to claim at least $1,200 in electronic payments.

Page 1 of 2 in the IRS stimulus payment application page for non-filers.

Unfortunately, SSN and DOB data is not secret, nor is it hard to come by. As noted in countless stories here, there are multiple shops in the cybercrime underground that sell SSN and DOB data on tens of millions of Americans for a few dollars per record.

A review of the Web site set up to accept bank account information for the stimulus payments reveals few other mandatory identity checks to complete the filing process. It appears that all applicants need to provide a mobile phone number and verify they can receive text messages at that number, but beyond that the rest of the identity checks seem to be optional.

For example, Step 2 in the application process requests a number of data points under the “personal verification” heading,” and for verification purposes demands either the amount of the applicant’s Adjusted Gross Income (AGI) or last year’s “self-selected signature PIN.” The instructions say if you do not have or do not remember your PIN, skip this step and follow the instructions in step A above.

More importantly, it appears one doesn’t really need to supply one’s AGI in 2018. “If you didn’t file a return last year, enter 0,” the site explains.

Step 2 in the application for non-filers.

In the “electronic signature,” section at the end of the filing, applicants are asked to provide a cell phone number, to choose a PIN, and provide their date of birth. To check the filer’s identity, the site asks for a state-issued driver’s license ID number, and the ID’s issuance and expiration dates. However, the instructions say “if you don’t have a driver’s license or state issued ID, you can leave the following fields blank.

Alas, much may depend on how good the IRS is at spotting phony applications, and whether the IRS has access to and bothers to check state driver’s license records. But given the enormous pressure the agency is under to disburse these payments as rapidly as possible, it seems likely that at least some Americans will get scammed out of their stimulus payments.

The site built to collect payment data from non-filers is a slight variation on the “Free File Fillable Forms” product, which is a free tax filing service maintained by Intuit — a private company that also processes a huge percentage of tax returns each year through its paid TurboTax platform. According to a recent report from the Treasury Inspector General for Tax Administration, more than 14 million Americans paid for tax preparation services in 2019 when they could have filed them for free using the free-file site.

In any case, perhaps Intuit can help the IRS identify fraudulent applications sent through the non-filers site (such as by flagging users who attempt to file multiple applications from the same Internet address, browser or computer).

There is another potential fraud storm brewing with these stimulus payments. An app is set to be released sometime next week called “Get My Payment,” which is designed to be a tool for people who filed tax returns in 2018 and 2019 but who need to update their bank account information, or for those who did not provide direct deposit information in previous years’ returns.

It’s yet not clear how that app will handle verifying the identity of applicants, but KrebsOnSecurity will be taking a look at the Get My Payment app when it launches later this month (the IRS says it should be available in “mid-April”).