Re: Bank Of America - sign on process - how is this secure?

From: Henrick Hellström (henrick.hellstrm@telia.com)
Date: 11/27/02 

From: Henrick Hellström <henrick.hellstrm@telia.com>
Date: Wed, 27 Nov 2002 20:41:10 GMT

Barry Margolin wrote:
> Identity theft can happen in many different ways. I'm not a lawyer, but it
> seems to me that if you accuse the bank of facilitating it, the burden
> would be on you to show that it occurred as a direct result of their poor
> security, not just that it *could* have.

You don't necessarily have to prove anything, and neither does the bank
necessarily have to prove anything. That depends on what other evidence
presented. If the bank can present evidence indicating that you yourself
stored the password or credit card in a careless manner, then the court
may of course find it more probable that this is what caused the damage.

> Anyway, this seems academic to me. Just because someone else is liable is
> no reason to let your guard down. If you have the Walk light at an
> intersection, it's still prudent to look both ways before crossing; sure,
> if someone hits you they (or their insurance company) will have to pay the
> medical expenses and face criminal charges, but I'd rather not be in the
> hospital in the first place.

Agreed.

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