Ruling Raises Stakes for Cyberheist Victims

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Health record hackers encrypt and hold data for ransomA Missouri firm that unsuccessfully sued its bank to recover $440,000 stolen in a 2010 cyber heist may now be on the hook to cover the financial institution’s legal fees, an appeals court has ruled. Legal experts say the decision is likely to discourage future victims from pursuing such cases.

Choice Escrow and Land Title LLC sued Tupelo, Miss. based BancorpSouth Inc., after hackers who had stolen the firm’s online banking ID and password used the information to make a single unauthorized wire transfer for $440,000 to a corporate bank account in Cyprus.

BancorpSouth’s most secure option for Internet-based authentication at the time was “dual control,” which required the customer to have one user ID and password to approve a wire transfer and another user ID and password to release the same wire transfer. The other option — if the customer chose not to use choose dual control — required one user ID and password to both approve and release a wire transfer.

Choice Escrow’s lawyers argued that because BancorpSouth allowed wire or funds transfers using two options which were both password-based, its commercial online banking security procedures fell short of 2005 guidance from the Federal Financial Institutions Examination Council (FFIEC), which warned that single-factor authentication as the only control mechanism is inadequate for high-risk transactions involving the movement of funds to other parties.

Lawyer, Dan Mitchell, who chairs the data security practice at Bernstein Shur in Portland commented on the case stating that the ruling is “more pro-bank than pro-consumer”. He added that this decision could be hard hitting for companies trying to recover cyber heist losses from their banks.

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