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The more the TJX saga goes on, the more the TJX data intrusion situation seems to be more hopeless. Every day, bits of news crops up here and there—a couple of class-action lawsuits, a congressional call for a Federal Trade Commission investigation, various associations linking specific fraudulent transactions with TJX—and TJX says practically nothing. And what it does say, it says in what many consider insulting language. For the moment, let's set aside the positively drug-crazed PR strategy, even though I truly believe that had TJX management been running Johnson & Johnson in 1982, their strategy would have been to keep silent about the cyanide-laced capsules and see how many people died. They'd then issue a statement saying, "By delaying a public announcement, with the help of top health experts, we were able to contain the problem and further strengthen our manufacturing system to prevent further intrusion. Therefore, we believe that we were acting in the best interest of our customers." And, yes, other than changing "computer security" to "health" and "computer network" to "manufacturing system," that is exactly what TJX Chairman Ben Cammarata said, explaining the month-long delay of the announcement. But what is truly most interesting about the case today is how little has leaked about what actually happened. There's plenty of speculation, but very few facts to base them on. Congressional aides and the attorneys involved in some of the class-action lawsuits have almost nothing to work with. In a Web-distributed video statement, Cammarata shed almost no new light on what had actually happened, other than this tidbit: the driver's license data that was taken came from customers who went into the stores and tried returning products without receipts. It's not definitive whether it was an external break-in or someone (perhaps an employee or former employee) accessing the system from inside. One report—initially confirmed from TJX PR—had the attacks having taken place in May, some seven months before they were discovered. Was it one incident? Ten? Did someone break in and leave a program that would continue to send data? How was it ultimately discovered? Do they have accurate records about what happened? Revealing any of this would not likely hamper any investigation. Even the details of the techniques used to break in would likely be safe to reveal, as the company has already announced that the hole the perpetrator exploited has been addressed. Then there are still the questions about the data-handling itself. Was any of it encrypted? Was the information retained in violation of PCI rules? How could the intrusion have gone on so long—seven month—without being detected? Ironically, TJX was also sued in January for improperly handling POS receipt printing (failing to truncate credit card numbers and expiration dates), but that's looking like chicken data feed compared with the rest of this. What is puzzling about this is "Why the silence?" Assuming the full details will be monumentally embarrassing—which seems to be an inescapable conclusion now—why not get it over with? Reveal the full details in a statement, hold a news conference, do a little interviews and then move on. Isn't that better than letting congressional hearings and legal depositions force the details out in what will likely be the most unflattering light possible? It seems mind-boggling for TJX executives to think that if they stonewall long enough, they'll never have to admit what they did? As far as TJX is concerned, it has several different constituencies. Some of them it cares about and others are meaningless to them. In the meaningless camp are most media, industry analysts and government officials. Those groups can say all kinds of demoralizing things, but their ability to punish TJX is minimal. In the important to TJX camp are shareholders and customers. As of this writing, all indications are that customers are shrugging this off, with nothing solid suggesting that consumers are avoiding TJX merchant locations in any meaningful way. Shareholders—and Wall Street, in general—have also not seemed especially concerned. Taking a look at the stock over the last six months shows no significant stock price pain. On Thursday, however, the company said that it is allowing for a financial hit of a penny a share for the fourth quarter because of the intrusion and specifically "costs incurred to investigate and contain the intrusion, enhance computer security and systems, communicate with customers, as well as technical, legal, and other fees incurred through the fourth quarter." The stock price dropped that day $1.08/share (about a 3.65 percent drop) to close at $28.49. At one point in the day, the share price fell to $28.37 before recovering slightly. If this marks the beginning of a true stock slide, things may change. But customers are the key. Most have not been impacted by the intrusion and, theoretically, the banks are covering most of the expenses for the few who are getting hurt. As long as customers are content, Wall Street shouldn't go too far astray and TJX will likely keep silent.
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