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Date: Tue, 18 Mar 2014 18:28:37 -0400
From: Jeffrey Walton <noloader@...il.com>
To: Kristian Erik Hermansen <kristian.hermansen@...il.com>
Cc: "full-disclosure@...ts.grok.org.uk" <full-disclosure@...ts.grok.org.uk>
Subject: Re: Bank of the West security contact?

On Mon, Mar 17, 2014 at 12:37 PM, Jeffrey Walton <noloader@...il.com> wrote:
> On Mon, Mar 17, 2014 at 12:15 PM, Kristian Erik Hermansen
> <kristian.hermansen@...il.com> wrote:
>> Just wanted to post a follow-up to this and provide some context to
>> make it known:
>>
>> * Bank of the West was contacted in 2011 to report a security issue
>>
>> * No response for 2 years
>>
>> * In late 2013, I receive a breach notification saying my own
>> sensitive personal information was compromised via the EXACT SAME
>> ISSUES I REPORTED. I also am led to believe employee information was
>> compromised, which may include Social Security Number (SSN) details.
>>
>> Conclusions?
>>
>> * Bank of the West has NO WORKING SECURITY REPORTING MECHANISM for
>> outside researchers and NO BUG BOUNTY PROGRAM
>>
>> * Bank of the West does not seem to take security and privacy
>> seriously enough, as far as I can tell
>>
>> You should know this if you are an existing or potential customer /
>> employee of Bank of the West...
> The risk equations favor "do nothing". Its cost effective to simply
> persue profits and not spend money on data security.
>
> If (when) they are breached, it only costs them the cost of a
> notification. In the US, that's the cost of bulk mail [0]. 46 states,
> DC, and Territories have Data Breach laws, and nearly none (none?)
> have any useful provisions for damages. [1]
>
> You can't recover for your time lost or services like credit
> monitoring. Every class action get tossed out [2]. I've never seen one
> go to court, and I've been watching them for years.
I might just stand corrected here (if it withstands appeal):

http://www.slyck.com/story2351_Data_Breach_Settlement_Class_Action_Lawsuit_Wins_Appeal_in_Court:

With so many recent data breaches and lacking security measures in
place, we know that there are likely to be many more lawsuits
forthcoming. However, in what’s believed to be a first win for a class
action lawsuit as a result of a data breach where none of the
plaintiffs suffered identify theft or direct losses, AvMed, a
Florida-based health insurer, lost its case in court to the tune of a
$3 million settlement agreement. On February 21, 2014, a federal judge
in the Southern District of Florida approved an Order granting motion
for final approval of a Class Action Settlement Agreement, and filed a
motion for attorneys' fees and expenses, as well as for incentive
awards.

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