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The Federal Trade Commission on Thursday cracked down—albeit mildly—on an E-Commerce site that the government made security claims that were “deceptive and violated federal law.”
But the FTC’s “punishment” was to order the site to sin no more and ordered it to comply with a much less severe set of security rules than PCI does. In short, what does this “punishment” say to all of the e-tail sites out there today that truly care about security? Read more. |
January 20th, 2008 at 1:25 am
I am going to disagree with you on the nature of the punishment.
1) When the FTC determines whether or not an entity is compliant or not, it uses a “reasonable and appropriate” standard. And, further, it looks at applicable industry and regulatory requirements to determine whether or not the entity me its “reasonable and appropriate standard.” So, the evaluation which was used to define the penalties is PCI plus any other requirements.
2) The company has most likely already incurred penalties – fines, penalties, reimbursement costs, investigation costs, and litigation costs – at an average cost of $180 per compromised account.
3) The company experiences negative publicity. TJ Maxx is the exception – most companies experience stock and/or sales declines.
4) Don’t discount the cost of the bi-annual security audit. PCI assessments are not a substitute for what the FTC is looking for. Rather, what the FTC is looking for is SAS 70 Type II audits. And, the costs of SAS 70 Type II Audits for companies of any size range for between $75,000 to %$250,000 or more. Mulitply this by 10 and you have significant penalties.
5) And, the audits have to be reported back to the FTC. The FTC reviews and has to approve the results of the assessment. If the entity fails the FTC review, then the settlement with the FTC can be revoked and new penalties assessed by the FTC.
6) And, since the entity does deal with PCI, then they automatically become a level merchant instead of whatever level they were before – and most likely they were not Level1. As a result, they now have another penalty – the PCI Assessment costs with VISA oversight.
7) And, there are hidden costs of making sure the entity is meeting FTC requirements which include attorney’s fees, shifting of Executive Management’s focus from business to legal and regulatory issues, etc.
There is much more to this than meets the eye. The FTC penalty basically establishes a federal agency as a business partner/governor nosing around the business for a period of 20 year. Few if any entities would consider this a slap on the wrist.