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Sony Sued Over PSN Security Issues, PSN Terms Exclude Liability


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191w ago - Update #2: [Register or Login to view links] 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: [Register or Login to view links] 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 [Register or Login to view links] 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 [Register or Login to view links]: "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 [Register or Login to view links], 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."












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#306 - I hate anon - 189w ago
I hate anon's Avatar
Of course anonymous is behind it. They even said the first attack wasn't enough and now they will take further actions to get Sony's attention.

#305 - adrianc1982 - 190w ago
adrianc1982's Avatar
I really feel like its been an eternity without th psn, I know not everything is about playing but its feels like forever, hurry sony

#304 - ZooT686 - 190w ago
ZooT686's Avatar
well it's sad, but hopefully sony Inc. will figure out that it might be better to stick to running their server as a "value added feature" inherent in their very marketable product, which of course has that feature rolled into it's retail pricing scheme, than it is to try to operate an online flea market.

After all... who's fault is it that there is even on online database of credit card numbers and names acting as a carrot for internet nasties.

I do know that I made the choice of ps3 versus the 360 based on the "free" (rolled into the retail price) playstation network, and now I've got two pre/early teens here whining constantly, because it seems that sony is unable to effectively provide the service that sealed my (and who knows how many others) purchasing choices.

Now comes the big question folks, regardless of the details, sony owes the entire playstation network community a great debt.
How will they make good on this?

More importantly, how will they assure that this doesn't happen again?

#303 - superste2201 - 190w ago
superste2201's Avatar
Anonymous is anonymous, they have no 'leader', it defies the whole point of them. Any one person can say they acted on behalf of anonymous for any reason.

When someone in anonymous says it wasn't them it means it wasn't talked about between 1000's of people in a IRC chat before hand. Which makes sense as it is just a limited number of people that need to be involved.

People that 'represent' anonymous and are present in their IRC channels are mostly of limited hacking experiance and are normally teens off 4chan. Whoever did this also did it for personal gain, not to help 'consumers' as anon said was the reason for the attack.

What they fail to understand is that this hurts consumers not helps. The fact is that the average PS3 owner does not care about homebrew/cfw, they do not care about linux, they do not care about geohot or anyone else Sony is suing, they do not care about backups. They DO care about PSN, their CC details, the economy and their privacy.

I think I talk on behalf of a large chunk of the PS3 population in saying that geohot, other PS3 hackers, anonymous and people running CFW on their PS3 have negatively effected our PS3, the gaming experience and more (the financial pressure Sony is under has already forced them to sack some people).

So thank you (sarcasm intended)! It's just a shame that this ego-driven PS3 'scene' does not seem to notice or care about the average person, just themselves and trying to 'get one over' the PUBLIC COMPANY that is Sony. I emphasize public company because most of these same people seem to forgot Sony is a PUBLIC company. Not a single person, it is owned by normal people, normal people work there and all the time normal people come and go.

#302 - elser1 - 190w ago
elser1's Avatar
""7. Have you identified the individual(s) responsible for the breach?
No. ""

i take it as they haven't the names of the people, because they are anonymous, LOL

 

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