April 28, 2011 // 1:55 am
- Update #2
that Canadian Natasha Maksimovic
has also filed suit (PDF
) against Sony via McPhadden Samac Tuovi LLP for the recent PSN security breach.
now reports that Sony's database may already be on sale in an online bazaar, stating that that low-level cybercriminals using "carder" online forums were offering to sell a database of 2.2 million credit-card numbers taken during the PlayStation Network breach.
As a result of yesterday's confirmation
from Sony that PSN account information has been compromised, today class action lawsuits are forming against the corporation despite a T&C disagreement
that states Sony is not liable for loss of data.
To quote: "We exclude all liability for loss of data or unauthorised access to your data, Sony Online Network account or Sony Online Network wallet and for damage caused to your software or hardware as a result of using or accessing Sony Online Network," the terms state.
According to the documentation
, the first of many defendants is Kristopher Johns
, 36, of Birmingham, Alabama.
To quote from CNET
: "Sony sued for PlayStation Network data breach
Like clockwork, the first lawsuit resulting from the security breach of the personal data of more than 75 million Sony PlayStation Network customers has been filed.
The suit was filed today on behalf of Kristopher Johns, 36, of Birmingham, Ala., in the U.S. District Court for the Northern District of California. Johns accuses Sony of not taking "reasonable care to protect, encrypt, and secure the private and sensitive data of its users."
He also believes Sony took too long to notify him and other customers that their personal information had been exposed. Because of that, the complaint alleges, Sony did not allow its customers "to make an informed decision as to whether to change credit card numbers, close the exposed accounts, check their credit reports, or take other mitigating actions."
The lawsuit is asking for monetary compensation and free credit card monitoring, and is seeking class action status.
Yesterday, Sony warned customers of its PlayStation Network and Qriocity service that their personal information--including customer names, addresses, e-mail addresses, birthdays, PlayStation Network and Qriocity passwords, and user names, as well as online user handles--was obtained illegally by an "unauthorized person" between April 17 and 19. The company says there is "no evidence" that credit card information was compromised, but it can't be sure yet.
In the aftermath of the breach Sony has temporarily turned off PlayStation Network and Qriocity, contracted with an outside security firm to investigate the intrusion on its network, and started to rebuild its system and security.
Johns' complaint echoes the concerns of Sen. Richard Blumenthal, a Connecticut Democrat. Blumenthal yesterday wrote a letter to Jack Tretton, president and chief executive of Sony Computer Entertainment America, saying he was troubled that the company had not notified customers sooner about the breach. He also called for Sony to provide affected customers with financial data security services, including free access to credit reporting services for two years to protect against identity theft."
Also from IGN
, to quote: "Sony Sued for PSN Security Breach
- Class action lawsuit filed this morning against SCEA.
A class action lawsuit was filed against Sony a day after the company publicly admitted that personal information from PlayStation Network was compromised by a security breach. The lawsuit was filed by the Rothken Law Firm today in a California court and alleges Sony "failed to take reasonable care to protect, encrypt, and secure the private and sensitive data."
Yesterday, Sony said it believes an unauthorized person obtained PSN user information, including members' names, addresses, birthdays, and login passwords. The company said there was no evidence that credit card information was stolen, but did not rule out that possibility.
"We brought this lawsuit on behalf of consumers to learn the full extent of Sony PlayStation Network data security practices and the data loss and to seek a remedy for consumers. We are hopeful that Sony will take this opportunity to learn from the network vulnerabilities, provide a remedy to consumers who entrusted their sensitive data to Sony, and lead the way in data security best practices going forward," said Ira P. Rothken an attorney who filed the class action complaint.
"Sony's breach of its customers' trust is staggering. Sony promised its customers that their information would be kept private. One would think that a large multinational corporation like Sony has strong protective measures in place to prevent the unauthorized disclosure of personal information, including credit card information. Apparently, Sony doesn't," commented J.R. Parker, co-counsel in the case.
The lawsuit seeks monetary compensation for the data loss and "loss of use of the Sony PlayStation Network, credit monitoring, and other relief according to proof."