A US District Court judge has dismissed a suit that claimed that the plaintiffs were damaged by LinkedIn’s lack of diligence in safeguarding LinkedIn subscribers’ usernames and passwords. The case was brought by Katie Szpyrka and Khalilah Wright, after about 6.5 million usernames and passwords were downloaded from LinkedIn by a Russian hacker last June. (I wrote about two LinkedIn problems in LinkedIn users’ data LeakedOut. and again when 88 percent of the passwords were cracked within five days: No password news is good password news.)
Judge Edward Davila dismissed the lawsuit because
- Plaintiffs hadn’t read LinkedIn’s Terms Of Service (TOS), so couldn’t claim that LinkedIn had breached their TOS, which includes
…we cannot ensure or warrant the security of any information you transmit to LinkedIn. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.
- Plaintiffs could not show consequent damage.
That clause within LinkedIn’s TOS sounds broad. “If you upload it to our site, don’t expect us to safeguard it.” Broad, I tells ya.
News article from Kaspersky’s ThreatPost: LinkedIn Data Breach Lawsuit Dismissed
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