04.27.11

Sony PlayStation Suffers Massive Data Breach

Posted in Montana Consumer Law at 4:38 pm by admin

Sony PlayStation suffers massive data breach

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The Heenan Law Firm has served as co-lead counsel in nationally certified data breach class actions.  Many states, including Montana, have laws regarding the protection of consumers’ personal financial information.

NEW YORK/BOSTON (Reuters) – Sony suffered a massive breach in its video game online network that led to the theft of names, addresses and possibly credit card data belonging to 77 million user accounts in what is one of the largest-ever Internet security break-ins.

Sony learned that user information had been stolen from its PlayStation Network seven days ago, prompting it to shut down the network immediately. But Sony did not tell the public until Tuesday.

The “illegal and unauthorized person” obtained people’s names, addresses, email address, birth dates, usernames, passwords, logins, security questions and more, Sony said on its U.S. PlayStation blog on Tuesday.

Alan Paller, research director of the SANS Institute, said the breach may be the largest theft of identity data information on record.

Children with accounts established by their parents also might have had their data exposed, Sony said.

Sony said it saw no evidence credit card numbers were stolen, but warned users it could not rule out the possibility.

“Out of an abundance of caution, we are advising you that your credit card number (excluding security code) and expiration date may have been obtained,” Sony said.

Analysts said that, while Sony has notified its customers of the breach, it still has not provided information on how user data might have been compromised.

“This is a huge data breach,” said Wedbush Securities analyst Michael Pachter, who estimated Sony generates $500 million in annual revenue from the service. “The bigger issue with Sony is how will the hacker use the info that has been illegally obtained?”

Sony said it has hired an “outside recognized security firm” to investigate.

The company said user account information for the PlayStation Network and its Qriocity service users was compromised between April 17 and April 19.

Paller said Sony probably did not pay enough attention to security when it was developing the software that runs its network. In the rush to get out innovative new products, security can sometimes take a back seat.

“They have to innovate rapidly. That’s the business model,” Paller said. “New software has errors in it. So they expose code with errors in it to large numbers of people, which is a catastrophe in the making.”

He suspected the hackers entered the network by taking over the PC of a system administrator, who had rights to access sensitive information about Sony’s customers. They likely did that by sending the administrator an email message that contained a piece of malicious software that got downloaded onto his or her PC.

Hackers have stolen personal data in the past from large companies. In 2009, Albert Gonzalez pleaded guilty to stealing tens of millions of payment card numbers by breaking into corporate computer systems at companies such as 7-Eleven Inc and Target Co.

Sony said its users could place fraud alerts on their credit card accounts through three U.S. credit card bureaus, which it recommended in its statement.

Sony, a unit of Sony Corp, said it could restore some of the network’s services within a week.

The company declined to comment on whether it was working with law enforcement or other parties in its investigation.

The online network was launched in the autumn of 2006 and offers games, music and movies to people with PlayStation consoles. It had 77 million registered users as of March 20, a Sony spokesman said.

(Reporting by Liana B. Baker; additional reporting by Jim Finkle in Boston; editing by Robert MacMillan, Kenneth Li, Bernard Orr and Andre Grenon)

04.25.11

Reclaiming Exempt Funds in Montana

Posted in Uncategorized at 10:12 pm by admin

From the State Bar of Montana

CAN MONEY BE TAKEN OUT OF YOUR BANK ACCOUNT?

A creditor may be allowed to take funds from your account due to a judgment, but there are some funds that are exempt from this garnishment. There is only a certain amount a creditor can take
from your wages. The most a creditor may take from your weekly disposable income is 25%. Also,
$217.50 of your disposable income is always exempt. Other income sources may also be exempt. Some
examples are:
• Unemployment or public assistance benefits like Social Security, LIEAP, and unemployment insurance
• Child support and spousal maintenance
• Retirement or veteran benefits
• Income from an injury illness, or disability
You can see a full list of exempt funds in the Montana Code Annotated (MCA) in section 25-13-
608. You can find the MCA at your local library, the State Law Library of Montana, or online:
• http://data.opi.mt.gov/bills/mca_toc/index.htm

THE FORMS
Once you receive a notification of seizure that money is going to be taken, you have only 10 days to file your claim of exemption with the court.
First, fill out forms Claim of Exemption and Request for Hearing along with Statement of Claimed Exemptions and Reasons.
These forms can be found by going to:
• www.MontanaLawHelp.org

PREPARING TO FILE
Along with the filled out forms, you need to make sure you file the proof that this money is legally exempt
from seizure, and should not be allowed to be taken from you. Use the calculations provided you on the
www.MontanaLawHelp.org packet to determine if too much of your pay check is being garnished.
Make sure to provide all of your bank statements, benefit statements, and pay stubs. Most benefit
programs and businesses should be able to provide you with any missing documentation upon request. Failure to attach documents proving your claim may result in your request being denied. The documents need to be attached at the time you file the claim, not afterwards.

FILING
Make three copies of all of your papers including the forms and financial statements. File the original
motion and supporting documents with the clerk of court in the county where the court that issued the writ is located. On the same day you must send another copy to your creditors or your creditors’ attorneys. To do this mail the copy to the creditor or creditors attorney using the U.S. Postal Service, Before you file with the court, contact the attorneys your creditor used in the previous judgment to find out if they will return your exempt funds without a hearing and to what address you should send the copy of your court filing.

YOUR HEARING
If everything was filed correctly the court will send a letter called an Order. It will inform you of the date and time of the hearing. Here are some general rules to help you on the day of
your hearing:
• Show up a little early on the day of your hearing to provide extra time in case of an emergency.
• You will also want to have all of the documents you filed and received for this hearing with you.
• Just explain to the judge that exempt funds were or will be taken from your bank account.