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Visa Inc. last week removed breached payment processors Heartland Payment Systems Inc. and RBS WorldPay Inc. from its list of companies that are compliant with the PCI data-security rules. But analysts said the move may be more about protecting Visa itself than about safeguarding payment card data. In a terse statement issued last Friday, Visa said it was removing Heartland and RBS WorldPay from its list of service providers compliant with PCI (download PDF) in response to the recent data breaches disclosed by each company. The decision to delist the two payment processors was based on "compromise event findings," Visa said without elaborating. The company added that it would "consider" putting Heartland and RBS WorldPay back on the compliant list, but only after they are recertified by a third-party assessor. Meanwhile, reports posted by online news site BankInfoSecurity.com and several blogs that follow the payment card industry also cited a March 12 letter from a Visa executive to banks notifying them that Heartland was now "in a probationary period" during which it would have to meet more stringent security requirements than usual. Strictly speaking, Visa's actions mean that merchants can't use either Heartland or RBS WorldPay to process payments if they themselves want to remain compliant with the PCI rules, which are formally known as the Payment Card Industry Data Security Standard (PCI DSS), said Gartner Inc. analyst Avivah Litan.

The PCI DSS standard was released back in December 2004 and was quickly hailed as one of the most important private-industry data security standards ever developed. Over the past few years, however, amid a steady stream of news about breaches and thefts, the PCI DSS standards has been roundly criticized. At a congressional hearing this month, one congresswoman said, "I do want to dispel the myth once and for all that PCI compliance is enough to keep a company secure." Many would agree. A case in point noted by Network World: The breach at Hannaford Brothers, where hackers installed malware on the grocery store chain's internal servers to seize card numbers as they were swiped by customers. Hannaford was certified a PCI DSS-compliant company as the scam was in progress. Heartland Payment Systems, before its scam broke in the news, was also certified compliant by Visa. Visa defends the standard as a way to minimize theft if properly implemented, and you certainly can't blame PCI DSS entirely for recent thefts. For all we know, there would have been many more if not for the standard. Still, the general view is that the PCI DSS standard has become overly complex and has done little thus far to stop fraud, as fraud artists get sophisticated technologically.

Legal woes may be next for Heartland Payment Systems, a payment processor that reported a major security breach this week. Depending on the results of the ongoing investigation, Heartland is likely to face the threat of litigation from issuing banks, merchants and consumers, says Scott Vernick, an attorney with Fox Rothschild LLP in Philadelphia, who specializes in data theft cases. "The businesses that use Heartland as a credit card processor, as well as thousands of consumers, will be anxiously watching for any negative impact, including harm to their business reputations, and the real possibility of identity theft or fraud," says Vernick. The fact that Heartland's systems were certified as being fully in compliance with data handling rules, called the PCI standards, raises questions about the efficacy of such standards. Hannaford Brothers grocery chain was likewise fully PCI compliant when it had 300 stores hacked and 4.3 million record swiped..... "This latest incident shows how, despite companies being compliant with regulations such as PCI, they are still a long way from being secure," says Mike Rothman, senior vice president of strategy at elQnetworks.

Data security represents both a new market opportunity to sell insurance coverage and a new risk - especially for independent insurance agencies that may not be compliant with data security laws or have plans in place to protect their own companies from data breaches. While data security is an evolving issue, failing to protect data can have a huge financial impact on a company. The average total per-incident cost of a data security breach was $6.65 million, compared to an average per-incident cost of $6.3 million in 2007, according to the "U.S. Cost of Data Breach Study" conducted by data protection company PGP Corp. and information management research firm The Ponemon Institute. The PGP/Ponemon study indicated that data breach incidents cost U.S. companies $202 per compromised customer record in 2008, meaning that companies incur additional costs with an abnormal churn in lost customers. More than 84 percent of data breach cases in 2008 involved organizations that had more than one data breach. And, more than 88 percent of all cases in the study involved insider negligence. The cost of lost business continued to be the most costly effect of a breach, averaging $4.59 million or $139 per record compromised. Lost business now accounts for 69 percent of data breach costs, up from 65 percent in 2007, compared to 54 percent in the 2006 study. "After four years of conducting this study, one thing remains constant: U.S. businesses continue to pay dearly for having a data breach," said Dr. Larry Ponemon, chairman and founder of The Ponemon Institute. "As costs only continue to rise, companies must remain on guard or face losing valuable customers in this unpredictable economy." Includes video: Data Security Creating Insurance Agent Sales Opportunities

A top affliction of privacy professionals is the growing complexity of privacy laws. The number of jurisdictions regulating data privacy and the number of other laws in which privacy provisions are tucked has increased with no letup since 2000. Like the Lilliputians in Gulliver's Travels, the tiniest jurisdictions are now lassoing their privacy ropes around the mightiest of corporations. Where does this leave those who are charged with keeping their organizations privacy-compliant? Desperately looking for a way to organize news about all of these developments. I recently surveyed the landscape of possible solutions to this problem. What did I find? Three different approaches: free Web sites, newsletters and news feeds; fee-based periodicals; and fee-based databases, such as Nymity's PrivaWorks, Cecile Park Publishing's DataGuidance and law firm Morrison and Foerster LLP's Summit Privacy. What were the pros and cons of each approach? Free sources Privacy leaders with no budget will want to exploit what's free, including these options: * Morrison & Foerster's Privacy Library, probably the most comprehensive and current free online listing of privacy laws in 95 countries. * Law firm Baker & McKenzie's annual Global Privacy Handbook, which is distributed to clients and friends. * Computerworld's own Security Newsletter, which offers a regular look at news about the technical threats to personal data. * The International Association of Privacy Professionals' Daily Dashboard, Canada Dashboard Digest and monthly Inside 1to1: Privacy. These are the best available free news feeds on privacy.

Visa Inc.'s top risk management executive today dismissed what she described as "recent rumblings" about the possible demise of the PCI data security rules as "premature" and "dangerous" to long-term efforts to ensure that credit and debit card data is secure. Speaking at Visa's Global Security Summit in Washington, Ellen Richey, the credit card company's chief enterprise risk officer, insisted that despite recent data breaches at two payment processors, the Payment Card Industry Data Security Standard (PCI DSS) "remains an effective security tool when implemented properly." Richey added that breaches such as the ones at Heartland Payment Systems Inc. and RBS WorldPay Inc. were shaping public opinion and obscuring what otherwise has been "substantial progress" on the security front over the past year. "I'm sure that everyone in this room has read the headlines questioning how an event of this magnitude could still happen today," Richey said, referring to the Heartland breach. "The fact is, it never should have" - and indeed wouldn't have if Heartland had been vigilant about maintaining its PCI compliance, according to Richey. "As we've said before," she continued, "no compromised entity has yet been found to be in compliance with PCI DSS at the time of a breach." Pointing to Visa's decision last week to remove both of the breached payment processors from its list of PCI-compliant service providers, Richey said that Heartland would face fines and probationary terms that were proportionate to the still-undisclosed magnitude of the breach. "While this situation is unfortunate, it does not make me question the tools we have at our disposal," she said of the PCI rules.

A very heated reaction has followed the interview I conducted yesterday with Robert Carr, CEO of Heartland Payment Systems. One reader even said the resulting Q&A made his "blood boil." Why the outrage? Because Carr did something a lot of people find unacceptable. He threw someone else under the proverbial bus for his company's failure to keep customer credit and debit card numbers out of evil hands. Specifically, he thrust an angry finger at the QSAs who came in to inspect the security controls Heartland had in place to meet the requirements of PCI security. In the article, [Heartland CEO on Data Breach: QSAs Let Us Down] Carr said, "The audits done by our QSAs (Qualified Security Assessors) were of no value whatsoever. To the extent that they were telling us we were secure beforehand, that we were PCI compliant, was a major problem. The QSAs in our shop didn't even know this was a common attack vector being used against other companies. We learned that 300 other companies had been attacked by the same malware. I thought, 'You've got to be kidding me.' That people would know the exact attack vector and not tell major players in the industry is unthinkable to me. I still can't reconcile that." That one comment brought down the house, and not in a favorable way. "I just read Bill Brenner's interview with Heartland Payment Systems' CEO Bob Carr and truthfully, my blood is boiling," Mike Rothman, SVP of strategy at eIQnetworks and chief blogger at Security Incite wrote in a counterpoint piece CSOonline ran today. "Basically, he's throwing his QSA under the bus for the massive data breach that happened under his watch. Basically, because the QSA didn't find anything, therefore he should be off the hook. I say that's a load of crap."

It's become the familiar refrain this year. Each time we see a major data breach related to payment card data, the breached entity says 'Gee, well we were told we were PCI compliant - how could this happen?' The PCI marketing machinery then gets into motion, reminding us all that PCI compliance is but a snapshot in time - not a warrantee against future breaches. Meanwhile, tens of thousands of consumers have their personal information exposed to potential compromise. They probably don't know or care what PCI is. They just want to know 'Why wasn't I protected?' Fair question, and it deserves an answer.

Two credit-card payment processors are offering to cover merchants' fines and penalties in the event of a data breach. However, the two companies, Heartland Payment Systems and Mercury Payment Systems, have different requirements that must be met before a merchant would qualify for coverage. For Mercury, the retailer would have to prove it was Payment Card Industry Data Security Standard-compliant (PCI DSS) at the time of a breach. "This is an enticement program to get merchants involved in PCI compliance," Jim Mackay, Mercury's vice president of marketing, told SCMagazineUS.com Friday. "Though there are critics who say that PCI does not go far enough, at least it's a step in the right direction."

Consumers face a greater risk of losing control of their data when doing business with smaller retailers, as many haven't made investments to comply with the Payment Card Industry's Data Security Standard (PCI DSS), according to a new survey. The survey, which covered 560 U.S. and multinational organizations, asked respondents a variety of questions about their investments and deployment of technology to comply with PCI DSS, which was introduced in 2005. It's an industry standard created by major credit card companies that's designed to protect customer payment data. The survey found that 55 percent of organizations only secured credit card information but not other data such as Social Security and driver's license numbers or bank account details. Also, only 28 percent of smaller companies between 501 to 1,000 employees comply with PCI DSS. That compares with more than 70 percent of large merchants with 75,000 or more employees that claimed they're compliant.

The latest phishing scam on Facebook has raised the question yet again as to whether the social networking site is dropping the ball on security measures and properly responding to privacy complaints. Facebook faced consumer fraud charges was investigated by New York Attorney General Andrew Cuomo in 2007 for allegedly responding too slowly to user complaints about harassment, pornography, or nudity from the social networking site. As a result, Facebook agreed to settlement requirement requiring it to respond to such complaints within 24 hours. But in a recent string of phishing attacks in which hackers have broken into a user's Facebook account and hit up his or her friends for money with the online chat tool, pretending to be stranded or robbed, a complaint has emerged that the privacy team at Facebook hasn't responded to users in a timely manner. Mark Neely, a Sydney-based management consultant, became aware that his Facebook account was hacked when friends called him to see if he was all right - the hacker had contacted them via Facebook chat saying that Neely had been robbed at gunpoint in London and would need them to wire him money so he could return to Australia. Neely says he filled out two online complaint forms and e-mailed the privacy team at Facebook, but it took them more than 40 hours to respond to him. In the meantime, his friends continued to call him about being contacted by the hacker. Facebook spokesman Barry Schnitt disputes Neely's figure, saying it only took 30 hours to respond. "In this case, we have restored access to the account to the rightful owner, are identifying the means by which the account was compromised (likely malware), and building in technical protections in the Facebook system to address this particular type of scheme," Schnitt said

Date: Tuesday, February 10, 2009 Time: 2:00 p.m. EST/11:00 a.m. PST Follow the link below to register: http://sc.haymarketcomm.net/r/?ZXU=775318&ZXD=33050957 Organizations are still struggling to get into compliance with PCI DSS, especially as the PCI Security Standards Council continues to update and tweak the standards. There's much to keep in mind and even more to do in order to adhere to the mandates, so what are the critical steps to get there. Experts share their know-how. Featured speakers Rich Mogull, L.L.C., Founder and Principle Analyst, Securosis Murray Rosenthal, CISA, Senior Policy Analyst - Security I&T Strategic Planning & Architecture Information & Technology Division, City of Toronto Sponsored by Symantec http://sc.haymarketcomm.net/r/?ZXU=775319&ZXD=33050957 Follow the link below to register: http://sc.haymarketcomm.net/r/?ZXU=775320&ZXD=33050957