[Clips] Credit Data Firm Might Close

2005-07-22 Thread R.A. Hettinga

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http://www.washingtonpost.com/wp-dyn/content/article/2005/07/21/AR2005072102465_pf.html

 The Washington Post

 washingtonpost.com
 Credit Data Firm Might Close
 After Databases Hacked, Customers Cancel Contracts

 By Jonathan Krim
 Washington Post Staff Writer
 Friday, July 22, 2005; D02

 The head of a payment processing firm that was infiltrated by computer
 hackers, exposing as many as 40 million credit card holders to possible
 fraud, told Congress yesterday that his company is facing imminent
 extinction because of its disclosure of the breach and industry's reaction
 to it.

 As a result of coming forward, we are being driven out of business, John
 M. Perry, chief executive of CardSystems Solutions Inc., told a House
 Financial Services Committee subcommittee considering data-protection
 legislation. He said that if his firm is forced to shut down, other
 financial companies will think twice about disclosing such attacks.

 Visa USA Inc. and American Express Co. recently announced after
 investigating the breach at CardSystems' Tucson, Ariz., facility that they
 would no longer allow the firm to process transactions made with their
 cards.

 Atlanta-based CardSystems is one of several firms that serve as a
 little-known hub in the nation's commerce system, transferring payments
 between the banks of credit card-using consumers and the banks of the
 merchants where purchases are made.

 Perry called the decisions by Visa and American Express draconian and said
 that unless Visa reconsiders, CardSystems would close and put 115 people
 out of work. CardSystems handles only a small percentage of American
 Express transactions, while Visa accounts for a large part of its business.

 Perry said closing his company could disrupt the ability of merchants to
 complete transactions, since it might take time for them to arrange for
 alternate payment processors. For that reason, Visa said it is not cutting
 off the company until Oct. 31.

 While Perry said his company is doing everything it can to ensure that such
 a breach never occurs again, Visa said it could not overlook that
 CardSystems knowingly violated contractual requirements for how long credit
 card data were supposed to be stored and how they were secured.

 Rosetta Jones, a Visa USA spokeswoman, said after the hearing that the
 credit card giant also has had difficulty getting sufficient information
 from CardSystems since the breach occurred. Nonetheless, at the urging of
 Rep. Rick Renzi (R-Ariz)., Visa agreed to another meeting with CardSystems
 before it severs ties with the firm.

 Neither Perry nor representatives of the major credit card companies could
 explain at the hearing why an audit of CardSystems in 2003 did not address
 its computer vulnerabilities or its practice of retaining some data for
 research purposes.

 Of the 40 million credit card numbers in CardSystems' data banks, roughly
 240,000 are known to have been downloaded in May by the hackers, who
 implanted malicious computer code into the company's network last fall to
 gain access to the information.

 The files did not contain Social Security numbers, driver's license data or
 other personal information frequently targeted by identity thieves.

 Perry said that he knows of no purloined credit card numbers that were used
 fraudulently, although MasterCard -- which first announced the breach to
 the public last month -- said that a small number of card numbers were
 misused.

 Law enforcement agencies, including the FBI, are investigating the incident.

 Subcommittee members, while condemning the data breaches that have exposed
 millions of consumers to possible fraud or identity theft in the past year,
 disagreed on what Congress should do about it.

 The CardSystems incident is a spectacular failure of private industry to
 effectively secure personal data, Rep. Carolyn B. Maloney (D-N.Y.) said in
 urging greater regulation. We need to provide the legal structure to fix
 it.

 In response, Rep. Tom Price (R-Ga.), admonished members against greater
 regulation and greater penalties, which is oftentimes the knee-jerk
 reaction to problems.

 With numerous House and Senate bills already introduced to address identity
 fraud and theft, and several more being prepared, both parties expect
 legislative action.

 Most bills would require disclosure of breaches, though the industry
 supports limiting notification to cases in which there is significant risk
 that the data could be used for fraud or identity theft.

 Representatives of the credit card companies yesterday also supported
 proposals to extend federal security requirements to payment processors,
 not just banks and financial

Re: [Clips] Credit Data Firm Might Close

2005-07-22 Thread Perry E. Metzger

  The head of a payment processing firm that was infiltrated by computer
  hackers, exposing as many as 40 million credit card holders to possible
  fraud, told Congress yesterday that his company is facing imminent
  extinction because of its disclosure of the breach and industry's reaction
  to it.

Seems reasonable to me...

  As a result of coming forward, we are being driven out of business, John
  M. Perry, chief executive of CardSystems Solutions Inc., told a House
  Financial Services Committee subcommittee considering data-protection
  legislation. He said that if his firm is forced to shut down, other
  financial companies will think twice about disclosing such attacks.

That implies that they had a choice about coming forward, and that
they heroically did so and are being punished for it. In fact, they
screwed up horribly, hid this screwup from auditors (or somehow passed
the audit anyway without the auditors discovering the screwup -- which
is unclear) and then were forced to come forward with the fact that
their screwup was exploited by bad guys. Other firms will not Thing
twice about disclosing such attacks because as a matter of law,
contract and fiduciary responsibility they had no choice. I doubt they
wanted to tell people what had happened -- they were forced to -- and
they should not get points for simply following their legal
obligations.

  [he] called the decisions by Visa and American Express draconian and said
  that unless Visa reconsiders, CardSystems would close and put 115 people
  out of work. CardSystems handles only a small percentage of American
  Express transactions, while Visa accounts for a large part of its business.

It seems to me that, without fear that failing to live up to their
fiduciary responsibilities will result in the destruction of their
livelihoods, there is no incentive for people to do the right
thing. Mr. John M. Perry should be happy that he is only losing his
job and likely the ability to get another one like it -- he could be
going to jail instead. If he and his employees had merely done their
job, as they were obligated to do by contract, nothing bad would have
happened to them. It is not draconian to be forced out of business
for revealing the confidential financial information of FOURTY MILLION
PEOPLE because you not only failed to secure your systems but also
deliberately disobeyed your contractual obligation not to store
cardholder data so that you could do data mining.

  While [John M.] Perry said his company is doing everything it can
  to ensure that such a breach never occurs again, Visa said it could
  not overlook that CardSystems knowingly violated contractual
  requirements for how long credit card data were supposed to be
  stored and how they were secured.

Seems like a reasonable opinion on the part of Visa. I'm frankly
shocked that they are doing the right thing here -- I was expecting
they'd gloss over the whole thing. Good for them!

  The CardSystems incident is a spectacular failure of private industry to
  effectively secure personal data, Rep. Carolyn B. Maloney (D-N.Y.) said in
  urging greater regulation. We need to provide the legal structure to fix
  it.

Hmm. Interesting. The Corporate Death Penalty -- the bad company being
driven out of business -- is apparently not enough. We need to pass
more laws so we can show we really mean it!


-- 
Perry E. Metzger[EMAIL PROTECTED]

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