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The Bad News For Infosec In The Target Settlement
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GonzSTL
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GonzSTL,
User Rank: Ninja
4/24/2015 | 10:13:42 AM
Re: Disturbing Settlement
I completely agree that "the law must catch up with this industry", but I don't have very high hopes for that eventuality, simply because the legislative bodies that can make that happen seem to operate in a vacuum. Take the case of the latest news regarding new proposed cyber security laws, where vague language may lead to interpretation that actually criminalizes activities by security pros (Dark Reading Radio 3/18/2015). It is frustrating and scary because the laws that intend to protect us can wind up hurting us in the long run.
RetiredUser
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RetiredUser,
User Rank: Ninja
4/24/2015 | 12:23:26 AM
Disturbing Settlement
I'm still reading the court documents, but I'm not happy with this one.  This case should have helped establish the quickly changing security ecosystem and documented the need for more adaptive security architectures, but not placed full fault upon the security professionals behind Target's architecture and Target.

I'm all for protecting the consumer; that is the aim of InfoSec.  But damning the industry that is trying to keep up with very desperate and creative criminals is like closing prisons for being unconstitutional, letting out the inmates, and then letting citizens sue the Government for letting them out when they commit crimes.  Ok, that's mostly the irritation talking, but I see little difference.

The law must catch up with this industry, with the needs of InfoSec and show a better understanding of the gray areas of blame in cases like this one.
Marilyn Cohodas
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Marilyn Cohodas,
User Rank: Strategist
4/23/2015 | 9:56:16 AM
Re: Great article...disconnect between law & tech
We're only at the very early stages of defining the parameters for acceptable risk and liability of a data breach. As the threats evolve, so too will our judicial system.  The Target settlement is only the first of many legal precedents to come. 
GonzSTL
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GonzSTL,
User Rank: Ninja
4/23/2015 | 9:32:00 AM
Re: Great article...
Sadly, many IT leaders are trapped in this old way of thinking. They have worked hard to build and establish their IT empire, bulldozing their way over those who do not think as they do. As long as organizations allow this type of behavior, where other ways to think about security are simply ignored or even shunned, IT infrastructures will remain a target rich environment. Instead of building security into every aspect of their infrastructure, following a solid security plan that involves every department in the organization, it is common to instead throw money and technology at the problem, hoping against hope that their investment will yield the desired ROI. What they fail to improve is the development of internal human resources, to provide solid analytical and technical skills necessary to defend infrastructures against the ever evolving and improving attack mechanisms.
michaelargast
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michaelargast,
User Rank: Apprentice
4/22/2015 | 4:34:57 PM
Great article...
It is misdated thinking like this (kill chains, linearity, etc) which is severely damaging organizations ability to mount effective response to determined attackers. While I could probably quibble a little with the blanket statement that 'breaches cannot be prevented'. this article does a good job of highlighting the risk of the intersection of security, liability and law.


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