Insurance Dispute Lawyer Blog

The Berniard Law Firm would like to wish everyone a Happy Holiday.

Regular posting will resume in 2012! Have a happy, and SAFE, holiday season!

Sony announced yesterday that the Playstation Network (PSN) is set to return by the end of this week. Reports indicate access began to be provided to users starting on May 15 with different regions being incrementally phased in worldwide. Questions remain, however, as to the extent of previous breaches of the gaming network's security and just how safe gamers are from having the incidences of May occur again.

With its restoration of access to Playstation and Qriocity users in US, Europe and Asia, Sony is ending a month of outage that was first spurred by a breech of the networks' security. As we explored previously, that Sony has admitted that the breech occurred due to the exploit of a known vulnerability opens a rather clear inquiry of just how negligent the electronics giant was in the matter. Down since April, the Playstation gaming network and Qriocity, a movie and music service, have been sorely missed by users that frequently accessed the services for their entertainment needs. However, with that access came the disclosure of information that is now likely in the open. What this information can be used for, and the subsequent ramifications for the users, remains to be seen but there is no doubt the courts will begin seeing discussion on the damages caused.

Sony has been adamant about the upgrades they have made to their system, stating they have "been conducting additional testing and further security verification of our commerce functions in order to bring the PlayStation Network completely back online so that [their] fans can again enjoy the first class entertainment experience they have come to love." This statement, made by Sony Executive Deputy Vice President Kazuo Hirai, also came with an expression of gratitude for the patience and support offered by fans. The reality of the situation, however, is that those whose information was disclosed have zero patience for an invasion of their privacy.

Preliminary reports from Sony claim that 100 million accounts were affected by the recent breech, though if this number is accurate remains to be seen. It is obvious, though, that this number of accounts is staggering and was definitively avoidable. This availability touches upon the definition of negligence in American law; what makes this case exceptionally unique is that accounts in Asia and Europe were affected as well. Regardless of its reach worldwide, the PSN breech has, according to Sony, led to 'considerable' security upgrades to the free service. What these upgrades involve remain a secret, obviously, but many in the technology industry question how many additional vulnerabilities Sony may be aware of and what action, if any, has been taken to shore them up.

Understanding your rights in a negligence case in which personal information is disclosed is important for people in Louisiana and across the country. Those 100 million users whose accounts were exposed should undoubtedly pursue legal representation as essential private details now lie in ill-intending hands. However, should the breech have included even more than the hundred Sony claims through connected networks or other system breeches, anyone affected should quickly position themselves to protect their legal interests immediately. By contacting an attorney, someone affected in a negligence claim can begin legal proceedings that protect their claim from timing out (prescription) or being handled without them (class actions, etc.).

Contact our offices today for more information regarding this case.

In what can only be considered a confusing lapse in digital security, Sony announced another breach of their network security in late May. This news comes on the heels of the major shutdown that aggravated a world of gamers. As the length of downtime nears a month, questions linger as to how much knowledge the electronics giant had regarding system vulnerabilities and why a breach was what it took to search for solutions.

Relating to a vulnerability regarding password resets, the most recent security breach is a major headache for Sony. The Playstation 3 Network, albeit free, is relied upon by millions of users for online gaming and, more importantly, includes a wealth of personal information for all of these users. Within the first security breach, this personal information, unfortunately, also includes billing details that could lead to vulnerability for customers who only wished to enjoy their games as sold.

Regarding the most recent breach, reports indicate that users will know their account has been compromised if they received an email indicating that their password had been changed. While the information made vulnerable in this act remains unclear, it is just yet another incident in a problematic series of events that raise significant questions about the protection being utilized by Sony and the amount of negligence that may be at play. Negligence claims involve an injured party suing a defendant for the damages suffered that were avoidable through the direct intervention of that party. In short, negligence claims deal with the 'avoidable;' news reports that have come out regarding this matter indicate that Sony was aware of the vulnerability.

The full extent of what information the hackers were able to attain is still unclear and may require litigation to fully understand. However, the facts clearly indicate this case will test the specific definition of cyber security and the expectations of companies to protect the information of users, regardless on the price of said service. Following the case will be crucial not only for those individuals who may have had their information breeched but also for those looking to better understand the law and how it applies to issues like this. For that reason we will continue to blog on the matter and provide updates as they become available.

The Berniard Law Firm handles a wide variety of negligence cases, technology related or not, and would be happy to discuss this or any other matter with potential clients. Contact our offices today for more information.

The video game world was rocked recently by the shutdown of the Sony Playstation 3 Gaming Network. While a free service, the fact that gamers were unable to connect to the network and play their favorite games against both friends and strangers added a wrinkle to an already complex competition between the electronics giant and Microsoft's X-Box system and network. However, a more significant wrinkle much less publicized exists: Sony was forced to shut down their network due to a breach by external individuals that exposed their personal data.

Most likely ending as a Multidistrict Litigation (MDL) situation wherein the litigation will be handled in one court and affect the rulings and settlement opportunities of people across the country, this situation affects hundreds, if not millions, of Americans. Headquartered in California, Sony still does not have a definitive answer for its customers regarding this situation. Yesterday's news that 10 million credit card numbers may have been exposed in a data breach that involved a known vulnerability is all the more staggering.

When someone puts their faith, and personal information, in the hands of a company, let alone a giant like Sony, they believe this data will be kept secure. However, for this breach to occur, and for the company to admit it was a known issue, provides the legal basis for judicial recovery. Only time will tell what becomes of this privacy and information issue but the protection of secure data is paramount. What Sony will do to reassure its customers that they can continue to trust them remains to be seen.

The courts have consistently found there is a strict liability on the part of corporations to maintain the information of its clients in a secure manner. When they breach this duty, the courts have followed suit in holding reasonable accountability in place as to how the company should have acted while taking into account unforeseeable circumstances. The twist is the aforementioned admission on the part of Sony that the breach involved an existing and known vulnerability of the system. Proponents of suing Sony for damages would see this as a red flag similar to an automobile company, for instance, continuing to sell a car with a weak brake system.

As time goes on more and more people will begin to realize the significance of this network shutdown goes well beyond a delay in their favorite games. While the immediate impact for many has been missing out on all of the features of their favorite games, very serious breaches of corporate policy and expectations. Attorneys have begun to investigate this matter and the Berniard Law Firm is at the forefront.

If you have any questions regarding this matter, please contact our offices immediately.