MATRIX and others should be aware of this > California Civil Code § 1798.82 - GoFuckYourself.com

KRL · 10-29-2003, 01:46 AM

California Civil Code § 1798.82 ? New Duties to Disclose A "Security Breach"

California has revised its business laws to require notification of customers if a "security breach" leads to the disclosure of customers' personal data. The new law is codified as an amendment to California Civil Code § 1798.82 and takes effect on July 1, 2003. It applies to any person or business that conducts business in California if the entity possesses "computerized ... personal information." If a "breach of the security system" occurs, defined as any unauthorized acquisition of personal data, the business must inform affected persons "immediately" unless law enforcement requests a delay. Consumers have a private right of action under the law for injunctive and civil damages relief, but no specific monetary penalties are suggested.

While the California law sets forth several types of notice that will be considered adequate, including written notice, these may be burdensome. Fortunately, the law also provides that notice will be deemed compliant if it is made in a manner specified in a company's existing "information security policy." Businesses, therefore, may wish to specify notification methods in their user agreements or privacy statements. Few businesses currently do so.

Summary

Taken together, the In Re Pharmatrak case and the California law reinforce the importance of the content of privacy statements and ensuring adoption of privacy practices that facilitate compliance with applicable law. Online businesses should periodically review their privacy statements, particularly as their uses of customer data change over time. To take advantage of California Civil Code § 1798.82, business should consider adding a clause explaining how legal notices will be disseminated to users if required. The clause need not include the words "security breach" but should be clear and conspicuous. If the business is already subject to federal laws requiring specific security notices, such as the Gramm-Leach-Bliley Act (financial data) or the HIPAA Privacy Rule (medical records), the California notice can accompany one of those items.

Source: Gibson, Dunn & Crutcher a major LA Law Firm

smack · 10-29-2003, 02:24 AM

hmm so a california resident could sue them? where is matrix based? does that neccisarily matter where there offices are?

4Pics · 10-29-2003, 03:08 AM

I believe they are in California. So does that mean those of us in California can sue Matrix?

KRL · 10-29-2003, 06:05 AM

Yes, apparently there would be legal recourse based on this new law.

Juicy D. Links · 10-29-2003, 06:08 AM

KRL

My gut feeling tells me that this whole "stolen" "hacked" db stuff is nothing but other bs and a coverup.

I always go with my gut feeling , and someone aint kosher here,

someone put apiece of bacon into the passover seder

skillfull · 10-29-2003, 06:08 AM

sue those fuckers

<IMX> · 10-29-2003, 06:35 AM

I'll wait and see.

If billing providers, paysite programs, and other content providers can get taken for customer dumps (either social engineering or cracking), then I'm damn sure Matrix could.

Is the matric customer db/authentication system online?

Quote:

Originally posted by juicylinks
KRL

My gut feeling tells me that this whole "stolen" "hacked" db stuff is nothing but other bs and a coverup.

I always go with my gut feeling , and someone aint kosher here,

someone put apiece of bacon into the passover seder

Veterans Day · 10-29-2003, 06:36 AM

Hurt em in the pocket if applicable

KRL · 10-29-2003, 06:37 AM

Quote:

Originally posted by juicylinks
KRL

My gut feeling tells me that this whole "stolen" "hacked" db stuff is nothing but other bs and a coverup.

I always go with my gut feeling , and someone aint kosher here,

someone put apiece of bacon into the passover seder

I hear you Juicy. Usually where there is smoke there is fire.

Norm mentioned he had a disgruntled employee. We should hear more on this for sure.

If indeed the db was stolen or hacked I'd like to find out who else was it sold to?

Wizzo · 10-29-2003, 07:33 AM

"a unauthorized acquisition of personal data"

What does this have to do with Matrix?

quiet · 10-29-2003, 07:38 AM

let's suppose the database was in fact stolen, and acacia bought/used it. again, just suppose it... might have some interesting consequences, with respect to acacia.

KRL · 10-29-2003, 07:39 AM

Quote:

Originally posted by Wizzo
"a unauthorized acquisition of personal data"

What does this have to do with Matrix?

You're kidding right?

KRL · 10-29-2003, 07:43 AM

Quote:

Originally posted by quiet
let's suppose the database was in fact stolen, and acacia bought/used it. again, just suppose it... might have some interesting consequences, with respect to acacia.

Most definitely.

Another possibility could be some talented fucking webmaster among us who has bought Acacia stock, knew Matrix had a nice list, knew a way to get it by either an inside contact scheme or hacking their server, and thought this expanded hunt to drag in more webmasters would boost the stock up.

Follow the money trail.

Wizzo · 10-29-2003, 07:43 AM

Quote:

Originally posted by KRL

You're kidding right?

Nope... and if you think they didn't "authorize" Acacia to have that database.... pass whatever your smokin' around!

KRL · 10-29-2003, 07:45 AM

Quote:

Originally posted by Wizzo

Nope... and if you think they didn't "authorize" Acacia to have that database.... pass whatever your smokin' around!

I've done business with Matrix, and I'm giving Norman the benefit of the doubt for right now. That's only fair until we see and find the truth.

There is no doubt in my mind though that this recent wave came from Matrix's db.

Wizzo · 10-29-2003, 07:49 AM

Quote:

Originally posted by KRL

Another possibility could be some talented fucking webmaster among us who has bought Acacia stock, knew Matrix had a nice list, knew a way to get it by either an inside contact scheme or hacking their server, and thought this expanded hunt to drag in more webmasters would boost the stock up.

Follow the money trail.

Yea, that's what happened... If I hacked the Matrix DB, I'd sell it to Acacia, not someone in the biz that knows what it's worth, on hopes it would boost the stock....right!

Face it.... Many were sold out by one of our own...

doober · 10-29-2003, 08:05 AM

BS or nOt, this whole thing stinks!

VirtuMike · 10-29-2003, 08:47 AM

I think Wizzo has a very good point here.

WiredGuy · 10-29-2003, 09:06 AM

I wonder if anyone has filed complaints with the district attorney, FTC or other government agency in respect with the whole matrix matter, either for possible stock manipulation or simply for privacy violations.

WG

stocktrader23 · 10-29-2003, 09:12 AM

Quote:

Originally posted by Wizzo

Yea, that's what happened... If I hacked the Matrix DB, I'd sell it to Acacia, not someone in the biz that knows what it's worth, on hopes it would boost the stock....right!

Face it.... Many were sold out by one of our own...

Do you have any clue what a 1 point move does if you hold alot of stock in a company? He didn't say they wanted their 10 shares to go up. Who knows how much money could be involved.

stocktrader23 · 10-29-2003, 09:17 AM

Quote:

Originally posted by Wizzo

Yea, that's what happened... If I hacked the Matrix DB, I'd sell it to Acacia, not someone in the biz that knows what it's worth, on hopes it would boost the stock....right!

Face it.... Many were sold out by one of our own...

Wizzo · 10-29-2003, 09:26 AM

Quote:

Originally posted by stocktrader23
Do you have any clue what a 1 point move does if you hold alot of stock in a company? He didn't say they wanted their 10 shares to go up. Who knows how much money could be involved.

I'm very well aware, but your telling me that someone that:

Has the skillz to hack into Matrix and steal the DB and Has enough money or credit to purchase Large blocks of Acacia stock wouldn't find a better plan for profiting from their "assets"....

I could come up with dozens, if not 1000s of better plans to use those similar acts, that would make more money even if it caused Acadia's stock to double.

I personally don't hack and/or manipulate stock, because I'm not fond of prison, but it seems like far fetched theory at best....I still contend we were sold out by one of our own...

Wizzo · 10-29-2003, 09:30 AM

Quote:

Originally posted by stocktrader23

<img src="http://data.moneycentral.msn.com/scripts/chrtsrv.dll?Symbol=ACTG&C1=2&C2=&C5=9&C6=2003&C7=1 1&C8=2003&C9=0&CE=0&D3=0&D5=0&E1=0">

Yea, didn't this happen in the last week or so, looks like the plan is working well....

10-29-2003, 01:46 AM	#1
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	MATRIX and others should be aware of this > California Civil Code § 1798.82 California Civil Code § 1798.82 ? New Duties to Disclose A "Security Breach" California has revised its business laws to require notification of customers if a "security breach" leads to the disclosure of customers' personal data. The new law is codified as an amendment to California Civil Code § 1798.82 and takes effect on July 1, 2003. It applies to any person or business that conducts business in California if the entity possesses "computerized ... personal information." If a "breach of the security system" occurs, defined as any unauthorized acquisition of personal data, the business must inform affected persons "immediately" unless law enforcement requests a delay. Consumers have a private right of action under the law for injunctive and civil damages relief, but no specific monetary penalties are suggested. While the California law sets forth several types of notice that will be considered adequate, including written notice, these may be burdensome. Fortunately, the law also provides that notice will be deemed compliant if it is made in a manner specified in a company's existing "information security policy." Businesses, therefore, may wish to specify notification methods in their user agreements or privacy statements. Few businesses currently do so. Summary Taken together, the In Re Pharmatrak case and the California law reinforce the importance of the content of privacy statements and ensuring adoption of privacy practices that facilitate compliance with applicable law. Online businesses should periodically review their privacy statements, particularly as their uses of customer data change over time. To take advantage of California Civil Code § 1798.82, business should consider adding a clause explaining how legal notices will be disseminated to users if required. The clause need not include the words "security breach" but should be clear and conspicuous. If the business is already subject to federal laws requiring specific security notices, such as the Gramm-Leach-Bliley Act (financial data) or the HIPAA Privacy Rule (medical records), the California notice can accompany one of those items. Source: Gibson, Dunn & Crutcher a major LA Law Firm __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

10-29-2003, 02:24 AM	#2
smack Push Porn Like Weight. Industry Role: Join Date: Mar 2002 Location: Inside .NET Posts: 10,652	hmm so a california resident could sue them? where is matrix based? does that neccisarily matter where there offices are? __________________ Cry havoc and let slip the dogs of war.

10-29-2003, 06:05 AM	#4
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Yes, apparently there would be legal recourse based on this new law. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

10-29-2003, 06:08 AM	#6
skillfull Confirmed User Industry Role: Join Date: Apr 2003 Location: Quebec Calisse Posts: 4,716	sue those fuckers __________________ mind at underdark dot cc SEO Analyst Thunder-Ball.net - Member

10-29-2003, 06:36 AM	#8
Veterans Day Confirmed User Join Date: Jul 2003 Location: The Windy City Posts: 8,403	Hurt em in the pocket if applicable __________________ Build a Massive Traffic Network, Hands FREE, Totally Automated

10-29-2003, 03:08 AM	#3
4Pics Confirmed User Industry Role: Join Date: Dec 2001 Posts: 7,952	I believe they are in California. So does that mean those of us in California can sue Matrix?

10-29-2003, 06:08 AM	#5
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992	KRL My gut feeling tells me that this whole "stolen" "hacked" db stuff is nothing but other bs and a coverup. I always go with my gut feeling , and someone aint kosher here, someone put apiece of bacon into the passover seder

10-29-2003, 07:33 AM	#10
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	"a unauthorized acquisition of personal data" What does this have to do with Matrix? __________________ Looking for Opportunity!

10-29-2003, 07:38 AM	#11
quiet we'll miss you our friend. RIP Industry Role: Join Date: Sep 2001 Location: Fernie, BC Posts: 25,115	let's suppose the database was in fact stolen, and acacia bought/used it. again, just suppose it... might have some interesting consequences, with respect to acacia. __________________ we'll miss you our friend. RIP

10-29-2003, 08:05 AM	#17
doober Confirmed User Join Date: Jul 2003 Location: in yoOoo kitchen Posts: 6,984	BS or nOt, this whole thing stinks!

10-29-2003, 08:47 AM	#18
VirtuMike Confirmed User Join Date: May 2002 Location: Seat 1A Posts: 2,483	I think Wizzo has a very good point here. __________________ Host it in AMSTERDAM at EUROTIVITY! - We also offer BACKUP SERVICES! XYZZY4L

10-29-2003, 09:06 AM	#19
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,493	I wonder if anyone has filed complaints with the district attorney, FTC or other government agency in respect with the whole matrix matter, either for possible stock manipulation or simply for privacy violations. WG __________________ I play with Google.