Industry at Odds Over ID Theft Liability
By Joseph Menn, Times Staff Writer
....It could be that financial institutions aren't hurrying to tighten standards because of a little-known fact: Retailers, not banks, generally absorb losses caused by identity thieves. That means the companies issuing credit cards have little incentive to scrutinize applications, critics contend....
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The retail industry isn't happy about the situation, which is getting worse as electronic deals become more common. "Long term, we'd like to see a sharing in responsibility for those fraudulent orders," said Julie Fergerson, co-chair of the Merchant Risk Council, which advises online vendors on security.
That hasn't happened so far because of the balance of power in commerce and in Washington, where financial institutions spend more than triple the amount on lobbying that retailers do, according to the nonprofit Center for Responsive Politics. Retailers have nowhere near the same clout and "they're just not organized," said Avivah Litan, a Gartner Inc. analyst who has followed information security practices for years....
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The card associations and banks also oppose creating a national version of California's law requiring broad disclosure after security breaches....Lax security by merchants is another cause of fraud, according to privacy advocates and law enforcement. Many stores fail to encrypt the information they keep on their customers or don't keep their computers secured....
http://www.latimes.com/business/la-fi-idtheft7mar07,0,3699951.story?coll=la-home-business