firewall-wizards Digest, Vol 38, Issue 2

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Today's Topics:

1. Re: found on the pentesters list; (miedaner)

----------------------------------------------------------------------

Message: 1
Date: Mon, 8 Jun 2009 09:32:28 -0400
From: "miedaner" <miedaner@twcny.rr.com>
Subject: Re: [fw-wiz] found on the pentesters list;
To: "Firewall Wizards Security Mailing List"
<firewall-wizards@listserv.icsalabs.com>,
"'firewall-wizards@honor.icsalabs.com'"
<firewall-wizards@listserv.cybertrust.com>
Message-ID: <DLEJKHFJGLFILMOIIBLPOEJLCLAA.miedaner@twcny.rr.com>
Content-Type: text/plain; charset="us-ascii"

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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Hash: SHA1

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
- --
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
admin & senior security consultant: sysinfo.com
http://sysinfo.com
Key fingerprint = 9401 4B13 B918 164C 647A E838 B2DF AFCC 94B0 6629

These things happened. They were glorious and they changed the world...,
and then we fucked up the endgame. --Charlie Wilson
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End of firewall-wizards Digest, Vol 38, Issue 2
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