Here’s what that Capital One court decision means for corporate cybersecurity

When a judge ruled last month that Capital One must provide outsiders with a third-party incident response report detailing the circumstances around the bank’s massive data breach, the cybersecurity world took notice. The surprise decision, in effect, determined that Capital One would need to provide the forensic details — warts and all — about the hack to attorneys representing a group of customers suing the bank. It’s the kind of report that, if made public, could highlight technical and procedural failures that made it possible for a single suspect to allegedly collect gigabytes of data about 100 million people from a bank with $28 billion in revenue. Typically, hacked organizations are able to keep incident response reports private and avoid costly suits by shielding the details under attorney-client privilege. Not under this decision. U.S. Magistrate Judge John Anderson of the Eastern District of Virginia ruled that Capital One must provide a […]

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