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From: Jon Turner (jjturnergmail.com)
Date: Fri Mar 13 2009 - 17:56:48 CDT
The Visa member (acquirer / issuer) gets fined, this then is usually passed
onto the payment process / merchant. So Heart;and would not get fined
directly, but this would be expected to be passed on unless the breach was
due to a specific requirement of the bank, highly unlikely but possible.
2009/3/13 security curmudgeon <jerichoattrition.org>
> [We received a copy of the letter Visa sent to customers regarding the
> Heartland breach and subsequent actions. Could anyone explain what "fines
> will be assessed to Heartland's sponsoring banks" means exactly? That
> wording implies that Heartland will not be fined themselves? - jericho]
> ---------- Forwarded message ----------
> From: Visa Inc. [mailto:noreplyvisaclientcommunications.com]
> Sent: Thursday, March 12, 2009 3:30 PM
> Subject: Update on Heartland Payment Systems Compromise
> Risk Management | Data Compromise
> March 12, 2009
> Update on Heartland Payment Systems Compromise
> Dear $person
> At Visa, we believe data security is critical to the long-term success of
> our respective businesses. As such, I am writing to update you on recent
> activity related to the security of our collective payment system.
> On January 20th of this year, Heartland Payment Systems (HPS) publicly
> disclosed a large-scale compromise involving account data from all card
> brands. In light of this event, Visa has taken the following actions to
> help protect the Visa system:
> CAMS Alerts - Between January 18th and February 4th Visa issued a series
> of Compromised Account Management System (CAMS) alerts (US-2009-046-IC) to
> financial institutions related to this compromise event. Providing this
> information can help financial institutions act quickly to minimize fraud
> on exposed card accounts.
> Removal from Visa's List of Compliant Service Providers - Visa has removed
> Heartland from its online list of Payment Card Industry Data Security
> Standard (PCI DSS) compliant service providers. HPS has advised, however,
> that it is aggressively working on remediation and re-validation of its
> systems to comply with PCI DSS standards. The company will be relisted
> once it revalidates its PCI DSS compliance using a Qualified Security
> Assessor and meets other related compliance conditions.
> System Participation - HPS is now in a probationary period, during which
> it is subject to a number of risk conditions including more stringent
> security assessments, monitoring and reporting. Subject to these
> conditions, Heartland will continue to serve as a processor in the Visa
> Fines - In accordance with Visa Operating Regulations, fines will be
> assessed to Heartland's sponsoring banks. Such fines are part of the
> program Visa uses to assure compliance with system rules. Ongoing
> compliance with PCI DSS helps keep the system more secure for all
> Account Data Compromise Recovery - Visa has determined that this event
> qualifies for the Account Data Compromise Recovery (ADCR) program. Subject
> to its terms, this program provides issuers the ability to recover a
> portion of their losses related to accounts that are determined to be the
> subject of a breach, by assessing acquirers for the ADCR financial
> liability. An acquirer's ADCR financial liability is determined based on a
> percentage of magnetic stripe-read counterfeit fraud and specified
> operating expense liability amounts. Issuers will have until May 19th to
> report fraud losses related to this event to Visa. Until this reporting
> window closes, specific recovery amounts cannot be determined. Visa will
> provide clients with additional information as it becomes available. This
> recent compromise underscores the importance of all parties maintaining
> ongoing compliance with the Payment Card Industry Data Security Standard.
> These standards continue to serve as a robust and critical foundation to
> protect cardholder data and, when implemented properly, have proven to be
> highly effective in preventing and mitigating the impact of data
> compromises. Compromise events are a reminder of the importance for all
> parties in the payment system to maintain ongoing vigilance when it comes
> to protecting cardholder data. Each stakeholder in the Visa system has a
> critical role in our collective fight against the criminals that
> perpetuate card fraud.
> Please contact your normal Visa representative with any questions on this
> Ellen Richey
> Chief Enterprise Risk Officer
> Visa Inc.
> Dataloss Mailing List (datalossdatalossdb.org)
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