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Judge Tosses Class Action Over Michaels Data Breach Citing Lack of Damages (digitalguardian.com) 138

chicksdaddy writes: Data breaches have become so common that they've taken on a kind of formality. One of the phrases that often accompany such incidents goes something like this: "[Company X] has no evidence that any of the stolen information has been used inappropriately." Or you might read that "there is no evidence of fraud linked to the stolen data." Such assurances are generally interpreted as wishful thinking. But when courts are asked to weigh in on the question of damages resulting from cyber incidents in civil suits, the question of what harm resulted from the incident is very different – and very real. To put it simply: if nobody can prove harm resulting from a cyber incident, a company can't be held liable for those damages.

That fact was underscored again late last month, when a federal judge in U.S. District Court for the Eastern District of New York dismissed a class action suit against arts and crafts giant Michaels Stores that was filed in the wake of that company's widely-reported data breach. As part of her ruling, the judge, Joanna Seybert, cited a legal precedent set by the recent Supreme Court ruling in "Clapper v. Amnesty International," concluding that the plaintiffs hadn't proven that any harm resulted from the Michaels breach. "Simply put, Whalen has not asserted any injuries that are 'certainly impending' or based on a 'substantial risk that the harm will occur,'" Seybert wrote in her decision, referring to Mary Jane Whalen, the Michaels customer in whose name the class action suit was filed. "Thus, Whalen's claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction," Seybert concluded.

This isn't to say that Whalen or other Michaels stores customers were not the target of fraudsters. In fact, Whalen's attorneys presented evidence that her stolen credit card (or a clone of it) was presented for payment fraudulently in Ecuador: at a local gym and at a venue that sold concert tickets. But regulations in the U.S. exempt consumers from paying the cost of credit card fraud, and Whalen wasn't asked to pay any unreimbursed charges as a result of the fraudulent use, the court noted. Whalen's other attempts to establish "costs" associated with the breach were also disregarded. They included the cost of credit monitoring services and the cost (in time and effort) to obtain replacement cards, the intrinsic value of her credit card information and the risk of future fraud tied to the theft of her credit card data.

Submission + - Crowdfunded Linux Voice Magazine Releases First Issue CC-BY-SA

M-Saunders writes: Linux Voice, the crowdfunded GNU/Linux magazine that Slashdot has covered previously, had two goals at its launch: to give 50% of its profits back to the community after one year, and release each issue's contents under the Creative Commons after nine months. Well, it's been nine months since issue 1, so the whole thing is now online and free to share. Readers and supporters have also made audio versions of articles, for listening to on the commute to work.
Iphone

Submission + - AT&T, Google, Starbucks Back 'PMA' Wireless Power Ecosystem and Open Standar (powermatters.org)

IPAQ2000 writes: AT&T, Google and Starbucks today announced that they have joined the Power Matters Alliance (PMA). Founded by Powermat Technologies and Procter & Gamble, the PMA’s Honorary Chairman is Google’s Vint Cerf – one of the fathers of the Internet — and its board now also includes AT&T, Duracell, Google and Starbucks. The US Government’s Energy Star and Federal Communications Commission – both PMA members — are board observers.

Comment Re:We launched a larger one EONS ago. (Score 1) 213

It amazes me that so many allegedly "educated" people have fallen so quickly and so hard for a fraudulent fabrication of such laughable proportions. The very idea that a gigantic ball of rock happens to orbit our planet, showing itself in neat, four-week cycles -- with the same side facing us all the time -- is ludicrous. Furthermore, it is an insult to common sense and a damnable affront to intellectual honesty and integrity. That people actually believe it is evidence that the liberals have wrested the last vestiges of control of our public school system from decent, God-fearing Americans (as if any further evidence was needed! Daddy's Roommate? God Almighty!)

Documentaries such as Enemy of the State have accurately portrayed the elaborate, byzantine network of surveillance satellites that the liberals have sent into space to spy on law-abiding Americans. Equipped with technology developed by Handgun Control, Inc., these satellites have the ability to detect firearms from hundreds of kilometers up. That's right, neighbors .. the next time you're out in the backyard exercising your Second Amendment rights, the liberals will see it! These satellites are sensitive enough to tell the difference between a Colt .45 and a .38 Special! And when they detect you with a firearm, their computers cross-reference the address to figure out your name, and then an enormous database housed at Berkeley is updated with information about you.

Of course, this all works fine during the day, but what about at night? Even the liberals can't control the rotation of the Earth to prevent nightfall from setting in (only Joshua was able to ask for that particular favor!) That's where the "moon" comes in. Powered by nuclear reactors, the "moon" is nothing more than an enormous balloon, emitting trillions of candlepower of gun-revealing light. Piloted by key members of the liberal community, the "moon" is strategically moved across the country, pointing out those who dare to make use of their God-given rights at night!

Yes, I know this probably sounds paranoid and preposterous, but consider this. Despite what the revisionist historians tell you, there is no mention of the "moon" anywhere in literature or historical documents -- anywhere -- before 1950. That is when it was initially launched. When President Josef Kennedy, at the State of the Union address, proclaimed "We choose to go to the moon", he may as well have said "We choose to go to the weather balloon." The subsequent faking of a "moon" landing on national TV was the first step in a long history of the erosion of our constitutional rights by leftists in this country. No longer can we hide from our government when the sun goes down.

can you give me the phone of your dealer ? i want to buy the drugs you are taking too

Comment found that 100$ unit for my living room (Score 1) 619

I wanted to buy one of those machines for watching video in my living room , but then I found that 100$ flash player , no fan , no noise ,no OS, tiny and sexy and I bought it. It's amazing and I can play all my axxo Bitorent downloads on it, I even take it to the car with my kid's movies. I think I need one with 16 GB for my bedroom. Oh yes , no boot time its always up... http://www.amazon.com/Sansa-TakeTV-GB-Video-Player/dp/B000XB4P8Y/ref=sr_1_1?ie=UTF8&s=electronics&qid=1194984371&sr=8-1

Holographic Storage Crams in 0.5TB Per Square Inch 288

An anonymous reader writes "VNUNet is reporting that a company called InPhase Technologies claims they have successfully recorded 515GB of data per square inch to capture the record for highest data density. From the article: 'InPhase promised to begin shipping the first holographic drive and media later this year. The first generation drive has a capacity of 300GB on a single disk with a 20Mbps transfer rate. The first product will be followed by a family ranging from 800GB to 1.6TB capacity.'"

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