RE: CRIME Firms Look to Limit Liability for Online Security Breac hes

From: Dave Lennert (davel@private)
Date: Fri Mar 19 2004 - 11:00:08 PST

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    My experience has been that employees are not allowed to accept modifications to company written contracts.
     
    The only way I've seen a company change this type of stuff is if a ground swell of public opinion erupts, usually as reported by media.  I therefore now complain to trade rags and PC Magazine, rather than directly to the company, in hopes they will write some column publicizing the practice and how it is anti-consumer.
    
      _____  
    
    From: Dorning, Kevin E - DI-3 [mailto:kedorning@private] 
    Sent: Friday, March 19, 2004 10:12 AM
    To: 'Sasha Romanosky'; crime@private
    Subject: RE: CRIME Firms Look to Limit Liability for Online Security Breac hes
    
    
    The answer is easy.  Don't use their services if they won't accept their part of the risk.
     
    Maybe we need to take some lessons from our own contract negotiators and attorneys.  They tell me that I should never accept the standard contract offered up front, but should take that contract, edit and add clauses that protect me (us) and offer that as a counter.  
    I've never tried it when purchasing personal cell service.  It might be fun to try.
     
    Kd>
    
    -----Original Message-----
    From: Sasha Romanosky [mailto:sasha_romanosky@private]
    Sent: Friday, March 19, 2004 9:33 AM
    To: crime@private
    Subject: CRIME Firms Look to Limit Liability for Online Security Breaches
    
    
     
    Ohhh, news like this really burns me up. 
     
     
    http://www.washingtonpost.com/wp-dyn/articles/A31874-2004Mar4.html <http://www.washingtonpost.com/wp-dyn/articles/A31874-2004Mar4.html> 
     By Jonathan Krim
    Washington Post Staff Writer
    Friday, March 5, 2004; Page E01 
    
    
    In the face of ongoing attacks by computer hackers, some companies that store their customers' personal data are adopting a new defensive tactic: If your information is stolen, they're not legally responsible. 
    
    Across the Internet, retailers and other service providers that handle consumer transactions are requiring customers to agree to waive any right to sue the companies if the businesses are hacked, regardless of how secure their systems are. 
    
    The waivers are contained in lengthy terms-of-use agreements that consumers often click to accept without reading closely. 
    
    "You agree to assume all risk and liability arising from your use of Verizon Wireless's online services, including the risk of breach in the security" of its system, according to the mobile-phone giant's use agreement, if you choose to use its online billing system. 
    
    American Airlines' Web site sports similar language, warning that it is not liable for break-ins by outsiders "regardless of whether American Airlines was given . . . notice that damages were possible."  
    
    .... 
    
     
    
     
    



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