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	<title>Comments on: California&#8217;s Payment Card Bill Gets Another Chance</title>
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	<link>http://blog.subjunctive.com/2008/09/12/cal-pci-new-chance/</link>
	<description>Notes on Security, Privacy, and the Law</description>
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		<title>By: jtgraves</title>
		<link>http://blog.subjunctive.com/2008/09/12/cal-pci-new-chance/#comment-35</link>
		<dc:creator><![CDATA[jtgraves]]></dc:creator>
		<pubDate>Mon, 15 Sep 2008 03:42:36 +0000</pubDate>
		<guid isPermaLink="false">http://jtgraves.wordpress.com/?p=101#comment-35</guid>
		<description><![CDATA[Benjamin,

I don&#039;t see in your post any evidence that the TJX breach was not as bad as we&#039;ve been told.  Do you have information that fewer than 45 million cards were compromised?  

As I wrote in my &lt;a href=&quot;http://blog.subjunctive.com/2008/08/12/should-credit-card-issuers-reissue-cards-immediately-after-a-breach/&quot; rel=&quot;nofollow&quot;&gt;response&lt;/a&gt; to that post, I disagree that the FTC or issuers overreacted.  I also think its important that we distinguish between known effects, actual effects, and potential effects of the breach.  The DOJ indictment gave a dollar figure that could be traced to the defendant, but that doesn&#039;t imply that the figure accounts for all loss to consumers from the theft.  More importantly, a mere comparison of settlement costs to DOJ indictment numbers ignores the probability that those numbers aren&#039;t any higher precisely for the reason that issuers were prompt and diligent in replacing credit cards.]]></description>
		<content:encoded><![CDATA[<p>Benjamin,</p>
<p>I don&#8217;t see in your post any evidence that the TJX breach was not as bad as we&#8217;ve been told.  Do you have information that fewer than 45 million cards were compromised?  </p>
<p>As I wrote in my <a href="http://blog.subjunctive.com/2008/08/12/should-credit-card-issuers-reissue-cards-immediately-after-a-breach/" rel="nofollow">response</a> to that post, I disagree that the FTC or issuers overreacted.  I also think its important that we distinguish between known effects, actual effects, and potential effects of the breach.  The DOJ indictment gave a dollar figure that could be traced to the defendant, but that doesn&#8217;t imply that the figure accounts for all loss to consumers from the theft.  More importantly, a mere comparison of settlement costs to DOJ indictment numbers ignores the probability that those numbers aren&#8217;t any higher precisely for the reason that issuers were prompt and diligent in replacing credit cards.</p>
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		<title>By: Benjamin Wright</title>
		<link>http://blog.subjunctive.com/2008/09/12/cal-pci-new-chance/#comment-34</link>
		<dc:creator><![CDATA[Benjamin Wright]]></dc:creator>
		<pubDate>Mon, 15 Sep 2008 02:56:21 +0000</pubDate>
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		<description><![CDATA[Jim:  Careful reading of the indictments of the TJX data thieves show that the media, card issuers and Federal Trade Commission over-reacted to the TJX incident.  The TJX break-in was not as bad as we were led to believe.  --Ben  &lt;a href=&quot;http://legal-beagle.typepad.com/wrights_legal_beagle/2008/08/credit-card-iss.html&quot; rel=&quot;nofollow&quot;&gt;http://legal-beagle.typepad.com/wrights_legal_beagle/2008/08/credit-card-iss.html&lt;/a&gt;]]></description>
		<content:encoded><![CDATA[<p>Jim:  Careful reading of the indictments of the TJX data thieves show that the media, card issuers and Federal Trade Commission over-reacted to the TJX incident.  The TJX break-in was not as bad as we were led to believe.  &#8211;Ben  <a href="http://legal-beagle.typepad.com/wrights_legal_beagle/2008/08/credit-card-iss.html" rel="nofollow">http://legal-beagle.typepad.com/wrights_legal_beagle/2008/08/credit-card-iss.html</a></p>
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