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About a decade back, I was at an event that had an FBI employee presenting. During his presentation, he had mentioned a story of a sys admin who had been arrested for taking a hashed PW database in his company, comparing the hashes against known compromised one's (perhaps from haveibeenpwned?), and forced a password reset for everyone who had reused a password that had separately been compromised and sent an email to each employee explaining this. One of the employees was apoplectic at the actions of the sys admin and had accused him of violating her privacy by doing this. While I do not recall which party initiated legal action against the sys admin that led to his arrest (i.e. the employee or the company), the bottom line of the story was that the FBI employee (and, by extention, whichever judge was involved in adjudication the case) considered the act of a sys admin accessing password hashes placed under his care to be a criminal breach of privacy regardless of his intent being to improve his company's security against password stuffing attacks. Assuming the FBI employee didn't just make the whole thing up (which I have no reason to believe - there are a lot of tech-stupid judges and, especially a decade ago, tech-stupid FBI employees), it might be prudent to pass this by your legal team before checking for password hashes for your employees being in haveibeenpwned. |
The Open Web Application Security Project's Application Security Verification Standard recommends that you do a hashed password check [2].
For bigger companies, sure, go talk to legal, but for young startups, my feeling is it's not worth the $200 or whatever your counsel will charge to say it's ok. I personally did not ask anyone (am cto), I just added the check.
1. https://twitter.com/troyhunt/status/1674132801837477888
2. See OWASP ASVS 4.0 2.1.7 https://github.com/OWASP/ASVS/blob/master/4.0/en/0x11-V2-Aut...