found on the pentesters list;

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1



Seems relevant to recent discussions here;

- ---------- Forwarded message ----------
From: security curmudgeon <[email protected]>
Date: Jun 3, 2009 7:54 PM
Subject: [Dataloss] Merrick Bank v. Savvis: Analysis of the Merrick
Bank Complaint
To: [email protected], [email protected]


http://infoseccompliance.com/2009/06/03/merrick-bank-v-savvis-analysis-of-the-merrick-bank-complaint/

  Merrick Bank v. Savvis: Analysis of the Merrick Bank Complaint
  Posted on June 3rd, 2009 by David Navetta

  The Merrick Bank v. Savvis lawsuit has the potential to change the
  liabilty dynamic of the PCI regulatory system.  The Savvis case is one of
  the first known instances of a payment card security assessor being sued
  by a merchant bank ( the merchant bank is a third party relative to the
  Savvis-CardSystems relationship).    The Merrick Bank compliant alleges
  that it relied on Savvis certification of CardSystems  as Visa CISP
  compliant (this matter pre-dated the PCI standard), and that 
certification
  was false.  After CardSystems suffered a breach exposing up to 40 million
  payment card records, Merrick allegedly incurred $16 million in payments
  to the card brands (which was ultimately transferred to issuing banks who
  suffered losses arising out of the CardSystem breach).

  If Savvis is held liable (or even if this case makes it past motion to
  dismiss or a motion for summary judgment) it has the potential to
  significantly modify the relative risk of PCI qualified security
  assessors, and in turn modify the PCI regulatory scheme.  This post
  discusses the two theories of liability alleged by Merrick:  (1)
  negligence; and (2) negligent misrepresentation.

  [..]



Thanks,

Ron DuFresne
- -- 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
         admin & senior security consultant:  sysinfo.com
                         http://sysinfo.com
Key fingerprint = 9401 4B13 B918 164C 647A  E838 B2DF AFCC 94B0 6629

These things happened. They were glorious and they changed the world...,
and then we fucked up the endgame.    --Charlie Wilson
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.5 (GNU/Linux)

iD8DBQFKJ+bgst+vzJSwZikRAjeNAJ9c5X3tEqQfY7BaXI5T7SdpyJalMACcCHBz
v74EaCfeStiJ/cH5WF+kfG4=
=ESf9
-----END PGP SIGNATURE-----