Re: found on the pentesters list;

["miedaner" <miedaner () twcny rr com>]

If a provider is held liable ( which in my opinion  - they should have some
skin in the game )

Then that opens up a line of litigation I thought should have started 10
years ago - holding security vendors liable for breaches related to their
products, merchantability, false claims, negligence etc.

I see the precedent being used for MSP's, Security Software vendors, maybe
even software vendors in general.

Could be a new line of work testifying as an expert witness concerning
vendor due dilgence.

Class action?  People who have had identity stolen because of holes in IE
browser?

I think there is a cause of action and harm is easy to prove and link also.
Which leaves you with, is my lawyer bigger than your lawyer.

If I was a law firm I would get some experts, give notice and wait.


-----Original Message-----
From: firewall-wizards-bounces () listserv icsalabs com
[mailto:firewall-wizards-bounces () listserv icsalabs com]On Behalf Of R.
DuFresne
Sent: Thursday, June 04, 2009 11:23 AM
To: 'firewall-wizards () honor icsalabs com'
Subject: [fw-wiz] found on the pentesters list;


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Seems relevant to recent discussions here;

- ---------- Forwarded message ----------
From: security curmudgeon <jericho () attrition org>
Date: Jun 3, 2009 7:54 PM
Subject: [Dataloss] Merrick Bank v. Savvis: Analysis of the Merrick
Bank Complaint
To: dataloss-discuss () datalossdb org, dataloss () datalossdb org


http://infoseccompliance.com/2009/06/03/merrick-bank-v-savvis-analysis-of-th
e-merrick-bank-complaint/

  Merrick Bank v. Savvis: Analysis of the Merrick Bank Complaint
  Posted on June 3rd, 2009 by David Navetta

  The Merrick Bank v. Savvis lawsuit has the potential to change the
  liabilty dynamic of the PCI regulatory system.  The Savvis case is one of
  the first known instances of a payment card security assessor being sued
  by a merchant bank ( the merchant bank is a third party relative to the
  Savvis-CardSystems relationship).    The Merrick Bank compliant alleges
  that it relied on Savvis certification of CardSystems  as Visa CISP
  compliant (this matter pre-dated the PCI standard), and that
certification
  was false.  After CardSystems suffered a breach exposing up to 40 million
  payment card records, Merrick allegedly incurred $16 million in payments
  to the card brands (which was ultimately transferred to issuing banks who
  suffered losses arising out of the CardSystem breach).

  If Savvis is held liable (or even if this case makes it past motion to
  dismiss or a motion for summary judgment) it has the potential to
  significantly modify the relative risk of PCI qualified security
  assessors, and in turn modify the PCI regulatory scheme.  This post
  discusses the two theories of liability alleged by Merrick:  (1)
  negligence; and (2) negligent misrepresentation.

  [..]



Thanks,

Ron DuFresne
- --
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