Courts May Embargo Web Sites

This CSO Magazine article comments on the case of Cobell v. Norton,a class-action lawsuit that was filed June 10, 1996, in the U.S. District Court in Washington, D.C.,stating:

"The Cobell case is highly significant because it constitutes precedent for the idea that, even in the absence of proven intrusions or damages, courts can enter a protective order to secure a website until security can be established on the site. This gives privacy advocates a new and potentially potent tool against the argument that, even if personal information is compromised, a lack of evidence of loss precludes a finding of damages. In other words, 'no harm, no foul' may no longer be the rule. Cobell litigation also warns that, in the absence of a clear security standard for each industry, courts will likely establish their own security standards by using 20/20 hindsight."