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Sony Sued Over PSN Security Issues, PSN Terms Exclude Liability


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205w ago - Update #2: MCST.ca has reported that Canadian Natasha Maksimovic has also filed suit (PDF) against Sony via McPhadden Samac Tuovi LLP for the recent PSN security breach.

Update: MSNBC 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."





Sony Sued Over PSN Security Issues, PSN Terms Exclude Liability

Sony Sued Over PSN Security Issues, PSN Terms Exclude Liability

Sony Sued Over PSN Security Issues, PSN Terms Exclude Liability

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#291 - B4rtj4h - 203w ago
B4rtj4h's Avatar
That's not totally right

Sony is giving a Free game, 30 Days PSN+ and some other nice goodies. It's true that ALL that you download in PSN+ is bound to 30 days of use... And Sony would not be the first to pros pone a deadline :P... look at Valve with HL2 Ep 3? Or what about Gran Turismo 5?

#290 - ZoukJonas - 203w ago
ZoukJonas's Avatar
But why Sony is keep changing those deadlines? They just should pick a date and be ready when they have promise it.. And hows that welcome package? It's like 30 days free plus membership and if you download some games for there, they just dont work after that 30 days have passed.

Or is't Sony puplished something new for that package.? I dunno. I'm just too eager to get back to playing some NHL 11 and Black Ops.. I wanna own some noobs.

BR. Joonas

#289 - B4rtj4h - 203w ago
B4rtj4h's Avatar
STOP wanking about how long PSN is out lol... What you rather have?? PSN that is lousy and not safe? Or PSN that is fun and safe?

We will get PSN next week when the testing goes well. The main problem is that it's not just PSN thats at stake here... but also their movie and music system. Until all is safe and secure they will get PSN up!

Btw the welcome back package is gonna be a nice one.

#288 - andmethis - 203w ago
andmethis's Avatar
Thank you psn for somewhat forcing me to try xbl. I finally gave my free trial a spin. Might have to purchase an active membership at the rate Sony is going.

#287 - elser1 - 204w ago
elser1's Avatar
Thanks for the update, all i can say is hurry up ya bastards..

LOL

#286 - PS4 News - 204w ago
PS4 News's Avatar
As a follow-up to yesterday's PSN updates and delay due to stolen data that has since been removed, Sony's Senior Director of Corporate Communications & Social Media Patrick Seybold has posted another brief PlayStation Network update as follows:

As you may know, we've begun the process of restoring the service through internal testing of the new system.

We're still working to confirm the security of the network infrastructure, as well as working with a variety of outside entities to confirm with them of the security of the system. Verifying the system security is vital for the process of restoration. Additional comprehensive system checks and testing are still required, and we must complete that process before bringing the systems online.

As you've heard us say, our utmost priorities are the security of the network and ensuring your data is safe. We won't restore the services until we can test the system's strength in these respects.

When we held the press conference in Japan last week, based on what we knew, we expected to have the services online within a week. We were unaware of the extent of the attack on Sony Online Entertainment servers, and we are taking this opportunity to conduct further testing of the incredibly complex system.

We know many of you are wanting to play games online, chat with your friends and enjoy all of the services PlayStation Network and Qriocity services have to offer, and trust me when I say we're doing everything we can to make it happen. We will update you with more information as soon as we have it. We apologize for the delay and inconvenience of this network outage.






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#285 - leukotic - 204w ago
leukotic's Avatar
But it’s important to note that Anonymous does not directly deny involvement in the attack on the PSN in the announcement — it only denies involvement in the credit card and information theft.


Seems like it could be what I predicted, anon did do it, but never actually took any information. They just made it look that way so Sony would go through all the trouble they are now as if the data was stolen.

If that's the case, it is pretty ingenious. Plus this is better for all the PSN/SOE users with legit personal info and CC info, because if it was anon and they never took it, then we don't need to worry about potential ID theft or CC fraud (at least not from this particular attack anyway).

#284 - xUb3rn00dlEx - 204w ago
xUb3rn00dlEx's Avatar
Hmmm. Interesting point there boss. I guess until proper evidence is presented we can only speculate, but I'm siding with Anon. for now, as I've just about had enough of their garbage. That's one hell of a compensation plan... LOL. I believe next generation I will go with another console manufacturer perhaps?

I stick by my earlier argument, we gamers should be handed management over of the company, set up a PS3 Gaming Union or something. I for one, would be very interested to see exactly how a company co-operating directly with the consumer in a partnership would work out.

#283 - PS4 News - 204w ago
PS4 News's Avatar
Today's update, as expected Anonymous has denied Sony's accusations. From: venturebeat.com/2011/05/05/anonymous-denies-psn-outage/
Hacktivism group Anonymous, which routinely attacks major corporations and takes up political causes, said today it is not responsible for the theft of sensitive information and credit card data from Sony's Playstation Network (PSN) online gaming network.

"If a legitimate and honest investigation into credit card theft is conducted, Anonymous will not be found liable," the group stated in a press release.

"While we are a distributed and decentralized group, our 'leadership' does not condone credit card theft," the group stated in a press release. "We are concerned with the erosion of privacy and fair use, the spread of corporate feudalism, the abuse of power and the justifications of executives and leaders who believe themselves immune personally and financially for the actions they undertake in the name of corporations and public office."

It's true that the theft does not fit the modus operandi of Anonymous, which is usually concerned with disrupting companies that get in the way of free speech and political causes. But it's important to note that Anonymous does not directly deny involvement in the attack on the PSN in the announcement – it only denies involvement in the credit card and information theft.



#282 - Lucifer Kain - 204w ago
Lucifer Kain's Avatar
If Anonymous had nothing to do with the attack maybe Sony put that file on their own server, you know for the Lulz.

 

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