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For the past 5 years, our blog has been primarily dedicated to providing professional liability insurance coverage news and analysis for the internet, tech and media industries.  We hope you enjoy reading our blog entries and we welcome your story ideas.  Our blog is updated with new entries on about a bi-weekly basis so please bookmark our site or just use our RSS feed.

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Eleven Alleged TJX Hackers Have Been Charged

Eleven people have been charged with hacking TJX and other major retailers. Three of the defendants are from Miami, the location of 1 is unknown and the rest are based outside the U.S. in locations including the Ukraine, Estonia, China and Belarus. The Department of Justice alleges that the defendants gathered the credit/debit card info by wardriving, which involves driving around with a laptop, antenna and wireless LAN adapter in order to identify and exploit wireless networks that have ranges outside of buildings. One of the potential protections companies can employ to combat wardriving is the WPA encryption standard. As previously reported, TJX was accused of not updating its systems appropriately to meet current standards. Further, a scan of 800 retailers conducted in New York earlier this year by AirDefense found that one-third of those retailers had no security on their wireless networks and another third had weak encryption, such as the flawed protocol TJX was accused of using.

For information about evaluating insurance forms providing security and privacy protections, review LJ’s Top 5 List of What to Watch Out For and Finding Coverage for Privacy Regulatory Imposed Civil Fines.
Posted on Thursday, August 7, 2008 at 02:27PM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment

Recent Ruling Favorable to Internet Service Providers

In the Tiffany v. eBay trademark infringement case, the U.S. District Court for the Southern District of New York has ruled in favor of eBay.  Notably, the judge confirmed that eBay could not be held liable for trademark infringement based solely on its general knowledge that trademark infringement may be happening on its site.  Further, the Court determined that the burden of policing trademarks belongs with the trademark owner.  Eric Goldman’s Technology and Marketing Law Blog has an interesting overview of this entire case including a discussion of the decision’s influence on notice and takedown procedures, such as the copyright provisions under the Digital Millennium Copyright Act.  Overall, the decision appears to be good news not just for eBay but also for Internet Service Providers in general.
Posted on Tuesday, July 15, 2008 at 10:25AM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment

Naked Cowboy’s Suit Against M&M to Proceed

A U.S. District Court judge has decided that The Naked Cowboy (an entertainer known for wandering the New York Times Square area in his undies, hat and boots while playing guitar) can proceed with his claim for trademark infringement against Mars Inc.  Earlier this year, The Naked Cowboy sued Mars Inc. over a blue M&M cowboy character it developed.  The lawsuit was for $6 Million and alleged trademark infringement and violation of rights of publicity.  The U.S. District Court judge tossed the publicity claim but did not dismiss the trademark infringement claim, despite an argument by Mars Inc. that the M&M cowboy is a parody.  Of note, this story did not begin with a lawsuit as The Naked Cowboy sent a cease and desist letter first, which Mars Inc. apparently ignored.

Effects of Identity Theft on Individuals

The Identity Theft Resource Center (ITRC) has published its 5th annual Aftermath study regarding the effects of identity theft on individuals. Here are a few of the details from the study. Over a five year period, the ITRC reports that 1/3 of identity thefts were perpetrated by someone known to the victim. The next largest number of thefts arose from lost or stolen wallets or PDAs. The cost to a victim of identity theft in 2007 averaged approximately $500 in out-of-pocket expenses for an existing account. If a new account was set up, the average out-of-pocket expenses rose to nearly $1,900. This is a rise of about $500 per victim since 2006. Additionally, only 10 percent of those surveyed discovered they had been a victim of identity theft after being notified by a business.

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Posted on Monday, June 9, 2008 at 09:44AM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment

Courtroom Rankings Update

The 2008 State Liability Systems Ranking Study conducted for the U.S. Chamber Institute for Legal Reform has been released. The purpose of the study is to evaluate the fairness and reasonableness of the U.S. tort liability system. The states ranking the best were Delaware, Nebraska and Maine. Some of the worst-ranked states include West Virginia, Louisiana, Mississippi, Alabama and Illinois. Additionally, Los Angeles-California and Cook County, Chicago-Illinois were identified as the worst jurisdictions. The overall rating of the system measured primarily fair/poor but the margin was not vast as 41% of those polled ranked the state court liability system in America as only fair or poor and 55% ranked it as excellent or pretty good. The overall rating for 2008 is very similar to the findings in the 2007 study. Both 2007 and 2008 are markedly better than the overall rating in 2006. For more about earlier studies and worst courtroom data, see our previous posts.

Posted on Thursday, May 22, 2008 at 03:19PM by Registered CommenterMarcia Sutton in | CommentsPost a Comment

Identity Thieves Reel in the Big Fish

We’ve discussed phishing on this blog in the past, but a recent headline brings the concern back to mind. As expected, identity thieves continue to invent new ways to trick their victims. In this latest attack, phishing is elevated to “whaling” as attackers target executives at large companies. The current scam involves emails with a realistic looking U.S. federal court seal and a link to a subpoena.

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Posted on Tuesday, May 6, 2008 at 12:32PM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment

Damage Control a Top Priority for Information Security Professionals

CNET reports on a global survey conducted by Frost & Sullivan at the behest of the International Information Systems Security Certification Consortium (ISC)2 regarding information security. The survey included feedback from approximately 7,500 information security experts and, among its conclusions, reported that 75% of the respondents believe viruses and worms are a top security threat, followed by hackers and inside employees. Additionally, among the top priorities facing information security professionals are protecting a company’s reputation from damage, customer privacy concerns and identity theft. Further, the respondents communicating the most concern for security threats are in the financial sector, including banks and insurance companies.

Of note, the Identity Theft Resource Center reports in the 2008 ITRC Breach Report, as of 3/31/2008, that there were 167 reported breaches for this time period. Of these, approximately 25% were in the educational industry and nearly 14% were in the healthcare field. So, while the financial sector may be focused on security threats, the educational and healthcare industries shouldn’t be far behind. For more on security threats, check out the security section of our blog.

Posted on Wednesday, April 23, 2008 at 07:55AM by Registered CommenterMarcia Sutton in | CommentsPost a Comment