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Category: Commentaries and Analyses

Recommended: The Curious Case of EMI v. Comerica

Posted on February 26, 2010 by Dissent

David Navetta writes: Security breaches in the online banking world continue to yield interesting lawsuits (you can read about three others in this post). The latest online banking lawsuit filed by Experi-Metal Inc. (“EMI”) against Comerica (the “EMI Lawsuit”) provides some new wrinkles that could further illuminate the boundaries of “reasonable security” under the law….

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Nl: Student info often leaked

Posted on February 26, 2010 by Dissent

Karin Spaink provides an English summary of a news story on education sector breaches in the Netherlands: The teachers union (Algemene Onderwijsbond) researched how often student information is accessible via Google. They found quite a lot: list of home addresses, student reports, progress reports, assessment reports. The union notified all the universities, faculties and training…

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The Cost Of A Breach, Heartland Style: At Least $129 Million; Might Be $229 Million

Posted on February 24, 2010 by Dissent

Evan Schuman comments: In its latest financial report, Heartland Payment Systems reported that it dropped $129 million on data breach costs last year (an incident that briefly placed Heartland on Visa’s Bad Breach Boy list). The company added that it still has a reserve of $100 million for additional expenses. As a processor, Heartland’s pain…

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HHS starts to reveal healthcare breaches reported to government

Posted on February 23, 2010 by Dissent

When HITECH was passed as part of the stimulus bill, it introduced new data breach notification requirements, including a requirement that breaches of unsecured personal health information held by covered entities or their business associates affecting more than 500 individuals be reported to the U.S. Department of Health & Human Services. The requirement was somewhat…

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Customer Vs. Bank: Who is Liable for Fraud Losses?

Posted on February 22, 2010 by Dissent

Linda McGlasson writes: At first this court case was a curiosity: Experi-Metal Inc. (EMI), a Michigan-based metal supply company, sued Comerica Bank, claiming that the bank exposed its customers to phishing attacks. But now this story shapes up as a significant test case for the banking industry, raising several key questions that must be answered…

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Employee Misuse of Computer Access Ruled Not a Crime

Posted on February 12, 2010 by Dissent

Mary Pat Gallagher reports: Using a password-accessed workplace computer in violation of company rules or policies may get you disciplined, but it’s not enough to be prosecuted in New Jersey, says a Mercer County judge in a published case of first impression. Superior Court Judge Mitchel Ostrer threw out an indictment against Princeton Borough police…

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