A. Perez, Netlok, 6/9/2025
Supreme Court Allows DOGE Access to Social Security Database: Privacy Implications for the Future
The Supreme Court Ruling
On June 6, 2025, the U.S. Supreme Court ruled 6-3 to allow the Department of Government Efficiency (DOGE) unfettered access to Social Security Administration (SSA) databases containing sensitive personal information on millions of Americans 1, 2, 3. The Court granted the Trump administration’s emergency request to lift a lower court injunction that had previously restricted DOGE’s access to these systems due to privacy concerns 4, 5.
In an unsigned three-paragraph order, the majority concluded that “under the present circumstances, SSA may proceed to afford members of the SSA DOGE Team access to the agency records in question in order for those members to do their work”6, 7. The decision overturned a ruling by U.S. District Judge Ellen Hollander in Maryland, who had found that DOGE’s broad access likely violated federal privacy law 8.
This SCOTUS decision concerns Netlok and other cybersecurity companies because we are required to protect Personal Private Information (PPI). However, if DOGE’s collection and storage of PPI is hacked into by nation-states and bad actors, PPI becomes public information, which begs the question, “Is Privacy Dead?”
What Data is at Risk
The Social Security Administration’s databases contain some of the most sensitive personal information held by the federal government 9, 13. This includes:
As privacy expert Kathleen Romig, a former SSA employee, noted, the agency possesses personal data about most Americans that spans “from cradle to grave”13.
Legal Challenges and Privacy Act Violations
The Privacy Act of 1974
The legal battle centers on the Privacy Act of 1974, a Watergate-era law designed to protect Americans’ personal information from federal government misuse 12, 17. This landmark legislation establishes strict limitations on how federal agencies can collect, use, and disclose personal information, requiring consent for most data sharing and imposing penalties for unauthorized access 17, 18.
Legal experts argue that DOGE’s access represents “an egregious violation of the Act” and potentially “the worst violation of the Privacy Act since its enactment in 1974” 18, 19. More than a dozen lawsuits have been filed invoking the Privacy Act to challenge DOGE’s data access across multiple federal agencies 20, 23.
Court Dissents and Concerns
Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, issued a blistering dissent warning that the decision “creates grave privacy risks for millions of Americans” 24. Jackson criticized the majority for allowing DOGE “unfettered access to this personal, non-anonymized information right now — before the courts have time to assess whether DOGE’s access is lawful” 47.
The dissenting justices emphasized that the government had failed to demonstrate any necessity for bypassing existing privacy protections 24.
Privacy Implications Going Forward
Weakening of Federal Privacy Protections
Privacy advocates warn that this ruling sets a dangerous precedent by prioritizing administrative efficiency over individual privacy rights 29. As American Oversight Executive Director Chioma Chukwu stated, “The Court’s shielding of those in power while stripping protections from the American people sets a dangerous precedent and is exactly backwards in a functioning democracy” 2.
The decision effectively undermines the foundational principle that has governed SSA for nearly 90 years: an expectation of privacy concerning its records 24. Legal experts worry this could “turn privacy law into an empty promise” 9.
Expansion of Government Data Access
The ruling may embolden similar data-sharing initiatives across the federal government 27. DOGE has already sought access to sensitive databases at the Treasury Department, Education Department, and Office of Personnel Management 10, 14. The Supreme Court’s backing of DOGE’s Social Security access could facilitate broader government data consolidation efforts 11, 15.
Increased Risk of Data Breaches and Misuse
Security experts have raised alarm about the risks associated with DOGE’s data access practices 25, 28. Recent investigations have revealed over 150 government database servers exposed to the internet, creating unprecedented vulnerabilities to cyberattacks 25, 28. The combination of expanded data access and weakened security protocols creates “grave privacy risks” for millions of Americans 4.
Future Legislative Response
The ruling is likely to accelerate legislative efforts to strengthen data protection laws 27. Congress is already considering bills like the Social Security Data Protection Act, which would impose strict audit requirements on agencies handling sensitive information 27. State-level privacy legislation may also be strengthened in response to federal privacy rollbacks 27.
Expert Analysis and Ongoing Concerns
Privacy law experts have described DOGE’s data practices as representing a fundamental shift away from established privacy protections 18, 20. Professor Danielle Citron noted that the Privacy Act was created specifically to address concerns about government agencies accessing sensitive databases without proper safeguards 12.
The American Civil Liberties Union has demanded transparency about DOGE’s data practices, filing Freedom of Information Act requests to uncover the full extent of the agency’s access to Americans’ personal information 11. The organization warned that DOGE has already started “removing some protections around personal data” 11.
Democracy Forward, representing the plaintiffs in the Social Security case, stated that the ruling would “jeopardize the data of millions of Americans” and vowed to continue using “every legal avenue available to prevent unelected officials from misusing the public’s most sensitive information” 24.
Conclusion
The Supreme Court’s decision to allow DOGE access to Social Security databases marks a significant erosion of privacy protections that have safeguarded Americans’ personal information for decades 2, 18. While the administration argues this access is necessary to combat fraud and modernize government systems 6, 10, privacy advocates warn of unprecedented risks to data security and individual privacy rights 2, 19.
The ruling’s long-term implications extend beyond Social Security data, potentially opening the door for expanded government surveillance and data collection without adequate oversight15, 27. As legal challenges continue in lower courts, the ultimate impact on American privacy rights will depend on how aggressively the government pursues data access and whether Congress acts to strengthen privacy protections 20, 23.
With the Biden Administration announcing new guidelines for AI safety – including requiring innovators to share critical information with the federal government – it is clear that cybersecurity stakeholders must also defend against the serious threat AI poses to online security, privacy, and data protection.
Fortunately, Photolok IdP is available today and has been tested and found to protect against AI attacks. Photolok, a passwordless IdP, employs photos in place of passwords and uses OAuth for authentication and Open ID Connect for integration. To understand Photolok and how it protects against AI attacks, it is important to understand how AI/ML tools and techniques have made it easier for hackers to get around current password security methods.
AI/ML tools are enabling hackers to scrape the internet for personal data and find passwords. When combined with social engineering, AI technics can decipher passwords far more quickly than earlier systems. The reality is that AI password crackers can breach most passwords in seconds and more difficult ones in minutes. For example, hackers can attempt millions of possible passwords each minute using AI-driven brute-force attacks that enable hackers to take advantage of password complexity flaws. While longer passwords and phrases make it more challenging, as computational capabilities of AL and ML continue to evolve, those solutions will experience a significant reduction in efficacy.
AI technologies are also negating the cybersecurity value of two-factor authentication. For example, the common use of CAPTCHAs, known as Completely Automated Public Turing test to tell Computers and Humans Apart, are becoming obsolete. AI bots have become so adept at mimicking the human brain and vision that CAPTCHAs are no longer a barrier.
Making CAPTCHAs more complex is not the answer. Cengiz Acartürk, a cognition and computer scientist at Jagiellonian University in Kraków, Poland, says that there’s a problem with designing better CAPTCHAs because they have a built-in ceiling. “If it’s too difficult, people give up,” Acartürk says. Whether CAPTCHA puzzles are worth adding to a website may ultimately depend on whether the next step is so important to a user’s experience that a tough puzzle won’t turn away visitors while providing an appropriate level of security. AI bots are better than humans at solving CAPTCHA puzzles (qz.com)
Another way AI undermines passwords is via the use of keylogging. The use of AI can enable keyloggers to keep track of your keystrokes in order to retrieve your passwords. According to a University of Surrey study, artificial intelligence can be trained to recognize the key that is being pressed more than 90% of the time simply by listening to it. Using an Apple MAC Pro, the group recorded the sound of 25 distinct finger and pressure combinations being used to press each key on the laptop. The noises were captured during a conversation on a smartphone and during a Zoom meeting. A machine learning system was then trained to recognize the sound of each key using some of the data that had been provided to it. The algorithm was able to accurately identify which keys were being pressed 95% of the time for the call recording and 93% of the time for the Zoom recording when it was evaluated using the remaining data. What secrets can AI pick up on by eavesdropping on your typing? (govtech.com)
To combat these attack vectors, Photolok randomizes photos to mediate AI/ML attacks so that AL/ML tools cannot identify and/or learn any patterns, which prevents AI/ML breaches. Photolok uses steganographic photos (random codes hidden in the photo) to hide the attack points from nefarious hackers, while randomly placing the user’s photo on each photo panels to prevent keylogging and other security attack methods. Photolok also blocks horizontal penetrations and defends against external threats, such as ransomware, phishing, shoulder surfing, and man-in-the-middle assaults.
By Chuck Brooks
Traditionally, strong passwords have been a first-tier defense against cyber-attacks and breaches. However, with the development of AI and ML tools, the effectiveness of cyber-defense has been thoroughly diminished, especially from more sophisticated cyber actors who use AI/ML tools to circumvent password defenses. Despite the drawbacks of passwords, cyber decision-makers (CTOs, CISOs, etc.) have been hesitant to abandon them. But an innovative passwordless solution is available that can facilitate that change from passwords and enhance security strategies. It’s Netlok’s Photolok, a passwordless IdP, which employs images in place of passwords and uses OAuth for authentication and Open ID Connect for integration.
Photolok is user-friendly and provides enhanced security not available with other solutions. Photolok’s randomization of photos mediates AI/ML attacks because they cannot identify and/or learn any patterns and, therefore, prevents AI/ML breaches. The proprietary photos are used to hide attack points from nefarious actors, streamline the login process, and make point-and-click navigation easy to use.
With Photolok, bots are unable to recognize which photographs to attack. Any automated attack is substantially neutralized by the randomization of photo localizations. Moreover, the digital information hidden behind the images—which can be updated every time a login attempt is made—won’t be gathered by the bots. Any automated bot attempt to get access will certainly fail and result in the user’s account being instantly locked out.
Photolok makes the identity authentication journey easier for humans to manage. The photos are easy to remember, connect with people, and provide privacy protection. Photolok’s simplicity makes it intuitive and removes language and literacy barriers that make passwords difficult to operate. Getting rid of passwords also eliminates the costly process of password resetting and following password rules, which makes Photolok very cost-effective. To change and/or add new photos, users select and label a photo that are automatically saved in seconds.
Photolok IdP is an identity provider and an authentication server with Open ID Connect making it easier to integrate apps and APIs. With Photolok, users upload pictures from Photolok’s custom library to be used as identifiers. To authenticate their identity, the user just uploads, labels, and chooses security photos from Photolok’s custom library.
Photolok IdP can be used as a standalone MFA alternative. The availability of robust authentication techniques like multi-factor authentication (MFA) can greatly lower the risk of data loss or compromise and is one of the main benefits of adopting an identity provider (IdP). Photolok MFA IdP can confirm the user’s identity, making it more difficult for malicious parties to access private information without authorization.
Deploying single sign-on (SSO) technology also simplifies the user experience, which is another advantage of adopting an identity provider like Photolok. When used with a federator like Okta Workforce, users won’t need to remember numerous passwords, usernames, or backup authentication techniques, which lowers the total quantity of data that a business’s system must constantly monitor. For example, Netlok uses Photolok to login to its Okta Workforce account to immediately access a wide pool of apps and APIs.
Photolok is the first IdP to offer situational security protection in the public environments or even in unprotected remote work. The Photolok account owner can 1) Give permission for the device and browser to be used for Photolok identity and authentication entry, 2) Utilize the “Duress” photo to trigger an automated warning informing the IT that the account owner is having problems or that a malicious actor is forcing them to access their device, 3) Utilize the “One-Time Use” photo to stop shoulder surfing, and 4) Give permission for the alert message to be sent each time the user opens their account. Photolok is a major innovative development in digital security systems, particularly in its capabilities to mitigate AI generated threats. Photolok effectively removes a great deal of the shortcomings in the current security paradigm. More significantly, Photolok blocks horizontal penetrations and defends against external threats, such as ransomware, phishing, keylogging, shoulder surfing, and man-in-the-middle assaults. In effect, Photolok lessens the user’s burden while improving online digital security, which is essential for widespread adoption by both businesses and consumers.
Data breaches have become increasingly common in the last few years thanks to an increase in the sophistication of data collection and infiltration technology. The frequency and severity of such breaches are only expected to increase.
Because of this, it is crucial for organizations to take proactive measures to secure their sensitive data. To do this, it’s best to begin by exploring the reality of data breach frequency and the importance of investing in advanced authentication methods, such as Netlok’s Photolok technology, to protect against cyber threats.
According to IBM’s annual report, more than 550 organizations in the United States have been affected by serious data breaches in the past year. In total, there were more than 493 million individual ransomware attacks globally in 2022 and more than 3.4 billion phishing scam emails – including those posing as LinkedIn, which accounted for more than half of the total scam emails.
That same IBM report states that the global average cost of a data breach in 2023 has risen 15% in the past three years, to more than $4.45 million, while Cybersecurity Ventures estimates that the cost is even greater, at more than $8 trillion in 2023. They predict that the cost will only go up from there, to as much as $10.5 trillion in 2025.
Forbes reported in March of this year that, “While cybersecurity capabilities and awareness seem to be improving, unfortunately the threat and sophistication of cyber-attacks are matching that progress.” Cyber attacks have evolved from obviously false emails to well-manicured duplicates with disguised senders and from simple smash-and-grab data mining to well-planned DDOS takedowns of massive industry standards and even government software including a Ukrainian satellite.
Possibly the most threatening advancement is that of AI tools, which can process password decryption much faster than previous programs. These programs can then use the data collected to improve phishing attempts and collect even more data as well as expose vulnerabilities with assets like cryptocurrency.
Roughly 51% of organizations have plans to increase security around their customers’ data and personal information. To do this, the Cybersecurity and Infrastructure Security Agency of the United States recommends implementing multi-factor authentication (MFA) into your organization’s data security network. MFA is the use of multiple identity verification methods to ensure that only authorized individuals have access to sensitive data.
While traditionally, MFA relies on passwords and devices, these options are quickly becoming the targets of scammer AI training and replication programs. There are, however, newer options available to you for MFA. One excellent example is Netlok’s Photolok technology.
With Photolok, users are asked to verify their identity by uploading and labeling an image. This image can be of anything, and, when the user or anyone else attempts to access their information, it will appear alongside other similar images. Users will need to select the appropriate image as a secondary identification format.
Photolok also includes a method of alerting authorities in the event of a dangerous situation that may force a user to log in while under the influence of a bad actor. This Duress photo option can help to ensure a user’s safety and the prompt response of authorities in one quick and undetectable – from the user side – move.
With no passwords or questions to crack, many AI programs are rendered useless against Photolok. The system also includes protections against lateral penetrations, bots, ransomware, keylogging, SIM card swapping, and shoulder surfing with features like one-time-use photo verifications and device authorization.
The growing frequency and sophistication of data breaches in the modern world present a significant threat to organizations and individuals alike. Investing in advanced authentication methods like multi-factor authentication (MFA) is now more than ever crucial to protecting sensitive data from cyber-attacks.
With options like Netlok’s Photolok technology, organizations can implement a highly secure MFA system that is resistant to AI programs and other forms of cyber attacks. As the threat of data breaches continues to increase, it is essential for organizations to stay vigilant in protecting their data and invest in advanced security measures to safeguard against cyber criminals.
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