A California law firm announced today it has filed a class action lawsuit against Sony / Sony Computer Entertainment America over the PlayStation Network security breach that lead to millions of customers' personal data and credit card information being stolen. In a complaint filed today in the Federal Court for the Northern District of California, Ira Rothken (of the Rothken Law Firm and John Parker of Kershaw, Cutter & Ratinoff, LLP) alleged that Sony / SCEA did not do "take reasonable care to protect, encrypt, and secure the private and sensitive data" of PlayStation Network users. The firm is seeking monetary compensation, credit monitoring, and other relief for all consumers impacted by the security breach.
"Sony's breach of its customers' trust is staggering," Parker said in a statement. "Sony promised its customers that their information would be kept private. One would think that a large multinational corporation like Sony has strong protective measures in place to prevent the unauthorized disclosure of personal information, including credit card information. Apparently, Sony doesn't."
"We brought this lawsuit on behalf of consumers to learn the full extent of Sony PlayStation Network data security practices and the data loss and to seek a remedy for consumers," added Rothken. "We are hopeful that Sony will take this opportunity to learn from the network vulnerabilities, provide a remedy to consumers who entrusted their sensitive data to Sony, and lead the way in data security best practices going forward."
The law firm is encouraging PSN and Qriocity users to contact them at 415-924-4250 or visit ww.techfirm.com for information on joining the lawsuit.
Source: GameSpy




Comments
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I'm a bit confused how the lawsuit can state credit card info was stolen, when the incident is still being investigated and they just don't know yet.
I've received an statement by email from sony stating that there's no evidence that credit card info was taken, but advise caution in case they're wrong.
This is a good reminder that there's no such thing as a completely secure computer. There will always be vulnerabilities, there will always be risks, and there's no such thing as a completely secure service on the internet. The only thing you can do is make is as secure as you can, but there will always be someone out there with the knowledge to get in if they want to.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Technically, they couldn't really be sued IF the data was stolen, but rather IF the data was badly protected. It's just that you usually don't find out the later unless the prior occurs. But the attention they attracted could very well prove their undoing because if their security was below the requirements of the laws of various countries in which they operated (and every evidence points to that currently), then they could end up suffering the full wrath of the law for not protecting against the possibility that never was.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Hey, Dorth, is there a resource I can find that shows exactly what Sony's security measures were? All I could find is speculation as to what they actually used. If I'm even half-right and Sony used adequate protection as opposed to excellent protection, or poor protection, the whole class-action lawsuit would fall to pieces.
However, if they were using poor porotection as you say, then they are in some deep doo-doo.
_____________________________________________________________________________
"Power means nothing without honor and pride."
http://grifsgamereviews.blogspot.com My video game review site.
Atlanta Video Games Examiner for examiner.com
Atlanta Video Games Examiner for examiner.com
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Well, yeah, go on Youtube and look at the various hacking videos of the PS3 and PSN. Or Google them. You don't have to use them, but they go in very detailed steps and you can see just how bad SONY messed up. Worst is, this is for the whole world to see, but with the current law in the USA, that evidence is not even acceptable in court :|
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I knew about the YouTube, but I meant I figured that you knew where to find Sony's exact protection measures, their encryption, their firewalls, and such. Something that can prove in court that their protection was inadequate other than the fact that they got hacked.
_____________________________________________________________________________
"Power means nothing without honor and pride."
http://grifsgamereviews.blogspot.com My video game review site.
Atlanta Video Games Examiner for examiner.com
Atlanta Video Games Examiner for examiner.com
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I'm not joining this lawsuit as Sony is trying to fix the problem and the network will be back soon.
A little conpensation for the down time would be nice, like a little money in the PSN wallet to spend how we please, but I'll be happy to have it back.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
As you don't pay for the service I can't see why you should receive compensation in regards to there being down-time.
Receiving compensation in regards to fraud that occurred on your credit/debit card due to the hack is a different matter and should be considered if the scenario every arouse. It would be interesting if people had various online accounts hacked due to the stolen data and if it occurred during the long period where Sony refused to announce any details relating to the hack.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I never said I believe I should, I just said it'd be nice. Over all I'd be happy with it being back on.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I don't think there's been any evidence of fraud or identity theft or anything like that yet so as far as compensation goes in that regard, Sony's probably clear.
I did read an article about two people claiming their bank accounts got nailed, but that's hardly compelling evidence.
If anything illegal has actually been done i imagine we would have heard about it by now. There will almost definitly be an increase in phishing attempts. But if someone actually falls for one of those, it kind of falls under the "Your own damn fault" category for me.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Some people over on Wired are claiming that they and their other PSN friends have started getting unusual calls/phishing from people claiming that they signed up for various promotions and such with their credit card.
Hard to say how credible they are though.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
This was bound to happen sooner or later. Even if the lawfirm was only doing it for the money you can'r deny that Sony got themselves into this mess.
http://www.magicinkgaming.com/
Re: Law Firm Prepares for First PSN Class Action Lawsuit
gellymatos can deny whatever he wants. And does.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Wait, what am I denying? As long as I'm getting a personal attack without any sort of provocation on my part, I could at least get that much information, right?
"The difference between genius and stupidity is that genius has its limits." -Albert Einstein
Re: Law Firm Prepares for First PSN Class Action Lawsuit
You've pretty consistently denied negligence on Sony's part.
Not a personal attack at all. Calling Jedidethfreak an irredeemable nitwit is personal (if totally accurate). I'm not criticizing you as a person, just the stance you've taken.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I think you've misunderstood my comments. I was not trying to state any sort of denail of negligence done by Sony. More of an irritation for civil suits this early on and the way they've been carried out.
And you're right, it wasn't a personal attack. Just criticism. Criticism that was totally of, but certainly not a personal attack.
"The difference between genius and stupidity is that genius has its limits." -Albert Einstein
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I'm on the fence on this one. On one hand, I don't think it's entirely negligence, per se. From what I understand, Sony had a pretty good securty setup. It just wasn't good enough.
On the other hand, BECAUSE it wasn't good enough, someone got in.
I'm inclined to believe that this was a case of a hacker being better than Sony's protective measures.
That being said, why is there next to no attention being paid to the hacker(s) who actually committed the breach? Are they gonna get off scott-free because Sony's riding a PR shitstorm? I certainly hope not. It's because of THEM, not Sony, that everyone else is screwed.
"Power means nothing without honor and pride."
http://grifsgamereviews.blogspot.com My video game review site.
Atlanta Video Games Examiner for examiner.com
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Grif, sorry, but what? Sony has an abysmal security. Not only was their encryption method poor, their random seed was FIXED! It constantly generated the exact same number. Every time. That's how the whole OS was brought to its knee in the first place and this is just the continuation of the same story. This level of incompetence in the encryption field is unbelievable and has probably already lead to the firing of a few persons. Mind you, I agree that a behemoth like Sony, not every person knows what every other person knows, but that level of failure on the security front is still inexcusable. A junior techie knows better.
As for the breach, they will need to be found out, with everything they did, but strangely enough, the PR nightmare that Sony is having might be exactly what could save a lot of people's information or lead to the thief's capture. The reason is simple, they basically have a humongous target drawn on the data they could have stolen, which is the equivalent of marked money. If they try to use it in any way that would get noticed, they will be quickly found out. So if they're smart enough to understand that, they might have already destroyed any traces of their wrongdoing and be working very hard to destroy any evidence. If they don't, they should be caught rather quickly.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Wow, I didn't know they had a fixed random seed. That's insane!
On the upside - if they truly were this bad - there is no way they were PCI Compliant (and I'll bet they were on paper) which means that their negotiations with VISA as far as fees per transaction are probably about to double or triple (as well as a fine for breach of audit) which will amount to a large dollar figure penalty for this screw up.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I see. Apparently I was misinformed about Sony's security measures. If they were as bad as you say they were, they were practically begging to be breached.
You make a good point about the potentially stolen information leading back to the one who's responsible for it all. I hope they're caught quickly.
I dunno what the guy was thinking that made it seem like a good idea. He ruined the PSN for over 70 million people for his personal agenda, whatever the hell it was.
I propose the death penalty.
Twice.
_____________________________________________________________________________
"Power means nothing without honor and pride."
http://grifsgamereviews.blogspot.com My video game review site.
Atlanta Video Games Examiner for examiner.com
Atlanta Video Games Examiner for examiner.com
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Lol. I'm actually starting to be able to parse your humor. Nice. (Do tell me it was a joke, right?)
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Nope, no joke. I'm a Texas gun-hugger totalitarian who thinks everyone should die for jaywalking or trespassing. (Yes, that was a joke)
Sarcasm is fun.
_____________________________________________________________________________
"Power means nothing without honor and pride."
http://grifsgamereviews.blogspot.com My video game review site.
Atlanta Video Games Examiner for examiner.com
Atlanta Video Games Examiner for examiner.com
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Oh, look, a law firm filing a lawsuit so soon, and without being actually asked to by a plantiff. How noble of them.
"The difference between genius and stupidity is that genius has its limits." -Albert Einstein
Re: Law Firm Prepares for First PSN Class Action Lawsuit
You saying they are filling the lawsuit without being asked by the plantiff is assuming that none of the lawyers are plantiff.
Games are not restricted anymore to young people (in fact, here on GP a survey claims the average age of a gamer is 34 years old), so it is quite possible that lawyers have PS3, in fact, considering how whealty lawyers usually are, they may have PS3 with significant game collections, including on the PSN, thus implying that they also lost credit card info there.
--- Maurício Gomes twitter.com/agfgames
Re: Law Firm Prepares for First PSN Class Action Lawsuit
They're doing it as a firm, not as individual customers of Sony. They're also looking for plantiffs to join them in the lawsuit.
"The difference between genius and stupidity is that genius has its limits." -Albert Einstein
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Still doesn't mean they don't already have some plaintiffs lined up.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Hey, no need to be so sarcastic. I mean, they'll go after the hacker (or hackers) that are ultimately responsible for this as well, right?
I mean, right?
/lolz
---
With the first link, the chain is forged.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Jedi, while your ignorance of the legal system is breathtaking as usual, no, it's Sony's responsibility to go after whoever caused the breach, not Sony's customers'.
Just like it was Sony's responsibility to prevent the breach from happening in the first place.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
You're right, it is their responsibility. However, even an idiot like you can see how odd it is that Sony is the one being sued because they were stolen from.
---
With the first link, the chain is forged.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
However, even an idiot like you can see how odd it is that Sony is the one being sued because they were stolen from.
Oh my God.
See, we're back at another one of those moments where I can't help thinking you must just be trolling because no human being could possibly be as stupid as you pretend to be.
If my bank's servers get hacked and my account information goes public, MY BANK IS LIABLE.
If my grocery store transfers my credit card number over an unencrypted connection and somebody snoops it, MY GROCERY STORE IS LIABLE.
If a disgruntled employee of my ISP resets my password and posts the new password publicly, MY ISP IS LIABLE.
COMPANIES HAVE AN OBLIGATION TO PRODUCT CUSTOMER DATA, YOU IRREDEEMABLE NITWIT.
WHEN THEY FAIL TO DO THAT, THEY GET SUED. BECAUSE THEY HAVE BROKEN THE LAW.
You have got to be the only person on this site who is stupid enough to consistently describe it as "odd" when companies are sued for breaking the law.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
The only example you posted that even remotely mirrors this situation of is the first one. and you seem to be forgetting one little detail: the fact that you can't hold them liable if by all accounts their security has passed any and all regulations set.
You can't blame someone for losing your data if there was no plausible way to stop it. you can't sue a bank for giving up your money if say, the other alternative was some poor bank teller getting shot in a robbery.
There is a line at which no more can be done in a practical and plausible manner, there is no such thing as a perfect system, everything is vulnerable to some degree.
I've yet to see ANY proof of negligence as defined by legal regulations. so unless you happen to have some lying around, sony did not break any law, or commit any sueable act.
They may have made some stupid choices (such as encrypting CC info, but not personal info), but last time i checked, stupidity in itself is not a crime.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
This is pretty much where I stand right now. Until I see some hard evidence that Sony failed to take reasonable data security precautions (the personal data not being encrypted issue needs to be held up to current legal standards, no idea if it's a requirement or not), the only party who deserves any blame as far as I'm concerned is the one responsible for the hacking. I'll hold Sony accountable for piss-poor communication though.
It's pretty much fact that when you leave your personal data with somebody else you're taking a risk, especially when it comes to online services. It may be minimum risk if security is tight, but once it's out of your hands, it's out of your sight, and hackers are constantly upping their game and finding tiny holes to break through. Consumers crying about having to change all their identical passwords now were clearly practising poor personal security in the first place, so if nothing else, at least this might shake up their habits a little and they'll take more care in the future.
It's not an ideal situation by any stretch, but all this wild finger pointing is ridiculous and it doesn't surprise me that lawyers are quick to chase the ambulance.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Well, that will be the key piece... did Sony take reasonable precautions?
A bank that keeps your money in a value is not liable, a bank that keeps your money in a cardboard box labeled 'do not steal' would be liable. At the moment we simply do not know enough about their security to really comment on if it was considered reasonable. The rumor about credit card data being stored in plain text would probably not qualify, Sony's claim that the credit card data was encrypted probably would.... the other claims that Sony was logging credit card transactions in plain text probably would not either...
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Actually, stupidity that makes you break the law, while not being illegal in itself, leads to illegality.
Also, if you want to see hard proof of the failure of their encryption, just go watch some hacking conference (don't worry, you won't become evil just by looking at them) and see how both the OtherOS was worked back in and how the PSN was accessed. Each time it's because of terrible, terrible security negligence that a junior techie should know better. There is no real question that their security was sub-par, my question now is will someone be able to prove it in a court of law without using said videos/source material.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I don't think he's saying they aren't at fault, or even that it's wrong that they would be sued, I think he was just making an observation that it's just odd that that happens that way. And I agree. I would totally sue sony if my personal information was lost due to a security breach, but it's just funny to think that it's because someone else ultimately stole something that sony is liable.
It's not wishing for some crime free world, it's just a funny oddity. Like that bounty hunter on the last episode of firefly talks. "Does that seem right to you?"
In other words, he was making a joke. Sarcasm doesn't type well, but I thought the "lolz" carried it across okay.
*cue flaming response filled with many an angry caps lock*
-Austin from Oregon
Feel free to check out my blog.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
"In other words, he was making a joke."
With his posts and some of the stances he has taken in the past, it's really hard to tell the difference.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
After the second sentence I started reading that with Lewis Black's voice. Always better with Black.
I hate broccoli/ and think it totally sucks/ Why isn't it meat?
Re: Law Firm Prepares for First PSN Class Action Lawsuit
It is two different balls of wax. I'm dubious that Sony had any fault in protecting the user data, but I'm not opposed to being convinced otherwise by some, damn good, evidence. That being said, just who the hell is this group and why do they think they represent me? It just seems odd that a 3rd party can just do this without presumably being asked.
-Ultimately what will do in mankind is a person's fear of their own freedom-
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I hope it is Anonymous and I hope they nail them to the freaking wall.
-Ultimately what will do in mankind is a person's fear of their own freedom-
Re: Law Firm Prepares for First PSN Class Action Lawsuit
Sony: "We will do everything we can to find the REAL killer of the Playstation Network and bring them to justice. Just ignore the whole bits of your information that were released to these unknown bandits after we left it fairly unencrypted. That will be found to be their fault as well...not us. Now look at these new tablets we have introduced from the PR department that will sparkle and shine and distract you from what is going on! Now you will forget it ever happened! And look...they can even play Playstation 1 games and other PSN titles...wait....CRAP...."
Yeah...I'm a little BITTER about this one. Having to look into changing my cards. Hating it.
Zen aka Jeremy Powers
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PSN Gamertag: "Zenspath" (currently POINTLESS)
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Zen aka Jeremy Powers
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XBL: "PsychoticZen" PSN: "Zenspath"
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Re: Law Firm Prepares for First PSN Class Action Lawsuit
*Rothkin Law Firm reading news on PSN outage*
CHA-CHINGGG!
-Austin from Oregon
Feel free to check out my blog.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
My thought as well... Here, let me fix the story...
"We brought this lawsuit because we need to upgrade from our two-year-old BMWs to brand new Mercedes and we figure the general public is too stupid to figure out the only ones who win in these class action suits are the laywers."
You're welcome.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I know lawsuit bashing is a big thing, but keep in mind class action lawsuits are about more then just money,.. in fact money is kinda just a side effect. They are also designed to force corporate behavior changes.
For better or worse, many of our laws are written in such a way that they can only be enforced via lawsuit. There are many rules and regulations that the government has no power to proactively go out and punish companies for violating them, instead it falls on civil suits filed by non government organizations to actually force compliance. Sometimes I wonder if lobbiests intentionally make sure the laws are structured like this specificly because the public will to 'lawsuit? greedy lawyers and people oh my!'.. it is a great way to shame a lot of people into ignoring violations.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
They are also designed to force corporate behavior changes.
Yes, because an apology and a gift certificate and/or a coupon is certainly behavior changing punishment for a multibillion dollar corporation.
E. Zachary Knight
Divine Knight Gaming
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
Re: Law Firm Prepares for First PSN Class Action Lawsuit
It is still a punishment and a precedent. If a company looses a lawsuit and takes a financial hit, their stockholders usually get rather displeased if they continue the same behavior, and judges tend to be much less forgiving if a company comes up against an identical suit for the same problem again.
It isn't good, it isn't ideal, but at least it is SOMETHING and sometimes it is the only tool people have to get companies to comply with laws.
Re: Law Firm Prepares for First PSN Class Action Lawsuit
I agree it's a tool, but the fact that this firm begins the suit before there was a report of any consumer actually affected just showed that they wanted to be first on the bandwagon before another firm got it.
That's not their fault either, it's good business. So I refer to my original comment: CHA-CHINNNG!
-Austin from Oregon
Feel free to check out my blog.