Tuesday, January 06, 2015

Class Action

It gets stickier for Sony.

A former software engineer at [Sony Pictures] has filed the latest class-action lawsuit over the hack, claiming that his personal information “may have been compromised as a result of the security breach.” Anastasio Garcia Rodriguez, who worked at Sony Pictures from February 2011 to May 2013, claims the info obtained by the hackers “includes at a minimum his Social Security number, immigration information and visa, and passport information.” ...

First thought: It will be challenging for plaintiffs to convince a jury that Sony “failed to exercise reasonable care in the adoption, implementation, and maintenance of IT security procedures, infrastructure, personnel, and protocols”.

There's going to be a raft of experts testifying that Sony was prudent, but the Korean government used extraordinary measures to get Sony's data (and what the hell is a company supposed to do?).

If this lawsuit reaches class-action status, and a jury hears it, I'm not convinced the plaintiffs will necessarily prevail. It might not be an easy leap over the "reasonable care" barrier.


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