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By now, many employees are uncomfortably aware that their every keystroke at work, from email on office computers to text messages on company phones, can be monitored legally by their employers. What employees typically don't expect is for the company to spy on them while on password-protected sites using nonwork computers. But even that privacy could be in jeopardy. A case brewing in federal court in New Jersey pits bosses against two employees who were complaining about their workplace on an invite-only discussion group on MySpace.com, a social-networking site owned by News Corp., publisher of The Wall Street Journal. The case tests whether a supervisor who managed to log into the forum -- and then fired employees who badmouthed supervisors and customers there -- had the right to do so. The case has some legal and privacy experts concerned that companies are intruding into areas that their employees had considered off limits. "The question is whether employees have a right to privacy in their non-work-created communications with each other. And I would think the answer is that they do," said Floyd Abrams, a First Amendment expert and partner at Cahill Gordon & Reindel LLP in New York. The legal landscape is murky. For the most part, employers don't need a reason to fire nonunion workers. But state laws in California, New York and Connecticut protect employees who engage in lawful, off-duty activities from being fired or disciplined, according to a report prepared by attorneys at the firm Proskauer Rose LLP. While private conversations might be covered under those laws, none of the statutes specifically addresses social networking or blogging. Thus, privacy advocates expect to see more of these legal challenges. In February, three police officers in Harrison, N.Y., were suspended after they allegedly made lewd remarks about the town mayor on a Facebook account. The officers mistakenly thought the remarks were protected with a password, but city officials view

Yesterday, the U.S. Supreme court announced its refusal to hear appeals against the banning of the Child Online Protection Act (COPA), effectively killing the bill. The American Civil Liberties Union called it "a clear victory for free speech," having fought the bill for ten years claiming it infringed on a website's freedom of speech. I've always advocated that it is the responsibility of parents to monitor their children's online activity. There are a ton of Web filtering and parental control applications available, many for free such as Blue Coat's K9 Web Protection. Especially with the country in the shape it's in now, my personal opinion is that the government has more pressing issues to attend to than babysitting children online. COPA was first passed in 1998, and made it illegal to display any pornographic material on a Web site without an access code or proof of age message. However, state courts began challenging the bill immediately, claiming it was unconstitutional and violated the First Amendment. Instead, it was ruled that parental controls should be used by individual families to block unwanted content, rather than the government determining what can and cannot be seen by all. (COPA was killed, not COPPA - Children's Online Privacy Protection Act)

A former Fannie Mae IT contractor has been indicted for planting a virus that would have nuked the mortgage agency's computers, caused millions of dollars in damages and even shut down operations. How'd this happen? The contractor was terminated, but his server privileges were not. Rajendrasinh Makwana was indicted on Tuesday in the U.S. District Court for Maryland (press report, complaint and indictment PDFs). From early 2006 to Oct. 24, Makwana was a contractor for Fannie Mae. According to the indictment, Makwana allegedly targeted Fannie Mae's network after he was terminated. The goal was to "cause damage to Fannie Mae's computer network by entering malicious code that was intended to execute on January 31, 2009." And given Fannie Mae-along with Freddie Mac-was nationalized in an effort to stabilize the mortgate market Makwana could caused a good bit of havoc. Makwana worked at Fannie Mae's data center in Urbana, MD as a Unix engineer as a contractor with a firm called OmniTech. He had root access to all Fannie Mae servers. The tale of Makwana malware bomb plot is a warning shot to all security teams and IT departments. Given the level of layoffs we've seen lately the ranks of disgruntled former employees is likely to grow. Is there any company NOT lopping off a big chunk of its workforce? And some of these workers may even have Makwana's access privileges and knowledge of the corporate network.

The authorities in Brussels fired a warning shot across the bows of online advertisers today, signalling new rules to combat surfer profiling and breaches of privacy in the interests of commercial gain. In the strongest denunciation of the conduct of online advertisers, Meglena Kuneva, the European commissioner for consumer affairs, argued that personal data has become "the oil of the internet and the new currency of the digital world". She warned that surfers' privacy rights were being abused by the amassing of personal information and its supply to advertisers who targeted individuals who were often unaware of what was happening. "From the point of view of commercial communications the world wide web is turning out to be the world wild west. This could be very damaging," Kuneva told a meeting of industry professionals and analysts in Brussels. "Consumer rights must adapt to technology, not be crushed by it. The current situation with regard to privacy, profiling, and targeting is not satisfactory." The commissioner outlined European laws regulating the protection of privacy, commercial contracts, and countering discrimination, and indicated that the regulations were failing to keep up with the pace of developments on the internet. She called on the online advertising industry to come up with a voluntary code of conduct to protect consumer and privacy rights, but clearly signalled that the EU authorities would probably have to legislate to prevent abuses. The volume of personal data collected on the internet was growing exponentially and was increasingly being used for commercial purposes by tracking surfers' browsing habits, using cookies, and making the information available for individual profiling and targeting of consumers, she said.

I have an open question for the people who complain about the potential of advertising networks to track your behavior on the Internet: What is a better way? Some might say that all behavioral targeting should simply be banned. But if you don't think that showing Chevy ads to people looking for cars is equivalent to poisoning the peanut butter, we need a middle ground that explains to people what's going on and lets them decide what is acceptable. This is much harder than it sounds: Any one Web page you visit can have a dozen advertisements and invisible bits of code that each send information about you to different companies, each with different ways of using that data. The privacy policy of the site you are looking at - not that anyone reads privacy policies - can't even try to explain this to you, because the site owner doesn't even know what all of its advertisers are doing. I'm coming to the conclusion that each advertisement on a page has to speak for itself. That's implicit in the approach Google is taking for its new behavioral targeting system. It puts the phrase "Ads by Google" on all its advertisements. Click that link and you'll get some limited information about Google's targeting system and an ability to adjust some of the interests that Google is tracking. But Google's approach is presented in a way that glosses over what they are doing and discourages people from reading the disclosure and exercising control, says Joseph Turow, a marketing professor at the Annenberg School for Communication of the University of Pennsylvania. Mr. Turow has developed a plan that is simpler and more comprehensive: Put an icon on each ad that signifies that the ad collects or uses information about users. If you click the icon, you will go to what he calls a "privacy dashboard" that will let you understand exactly what information was used to choose that ad for you. And you'll have the opportunity to edit the information or opt out o

The European Commission on Tuesday set a code of conduct for companies using RFID (radio frequency identification) tags that it hopes will safeguard citizens' privacy and allow the quick rollout of the new technology. Around 2.2 billion RFID tags were sold worldwide last year, a third of them in Europe, and were installed in a wide range of products including shipping containers and smart cards used in highway toll booths. The Commission expects the use of RFID tags to grow to five times the current level over the next decade, as tags are added to common consumer items such as bus passes, refrigerators and even clothes. There is "clear economic potential" in using RFID chips to allow communication between objects, said information society commissioner Viviane Reding in a statement. But she added that European citizens "must never be taken unawares by the new technology."

A third (34 per cent) of discarded hard disk drives still contain confidential data, according to a new study which unearthed copies of hospital records and sensitive military information on eBayed kit. The study, sponsored by BT and Sims Lifecycle Services and run by the computer science labs at University of Glamorgan in Wales, Edith Cowan University in Australia and Longwood University in the US, also found network data and security logs from the German Embassy in Paris on one purchased drive. Researchers bought 300 drives from eBay, other auction sites, second-hand stalls and car boot sales. A disk bought on eBay contained details of test launch routines for the THAAD (Terminal High Altitude Area Defence) ground to air missile defence system. The same disk also held information belonging to the system's manufacturer, Lockheed Martin, including blueprints of facilities and personal data on workers, including social security numbers. Lockheed Martin denies that the disk came from it. The arm manufacturer has launched an investigation that aims to uncover just how the sensitive data might have been wound up on the disk. Two discs bought in the UK apparently came from Lanarkshire NHS Trust, including patient medical records, images of X-rays and staff letters. Lanarkshire NHS Trust runs the Monklands and Hairmyres hospitals. In Australia, the exercise turned up a disk from a nursing home that contained pictures of actual patients and their wound photos, along with patient details. A hard disk from a US bank contained account numbers and details of plans for a $50bn currency exchange through Spain. Details of business transactions between the bank and organisations in Venezuela, Tunisia and Nigeria were also included. Correspondence between a member of the Federal Reserve Board and the unnamed banks revealed that one of the deals was already under scrutiny by the European Central Bank, and that federal investigators were also taking an interest. Yet anothe

The next wave of hacking into computers and stealing data will not be requests or code coming from remote points across the Web, security experts are warning. Instead, the most sophisticated Trojan Horses appearing on Wall Street financial systems may be threaded into the silicon of integrated circuits by design, their malicious instructions baked right into the tiny physical aspects and intricate mapping of the chip itself, according to scientists and academics working with the National Institute of Standards and Technology, the White House and the Financial Services Information Sharing and Analysis Center in Dulles, Va. Detecting such malware after a chip is fabricated will be extremely difficult, if not impossible, these experts say, because the microchips that run servers have millions to billions of transistors in them. Adding a few hundred or even just tens of transistors can compromise an integrated circuit can serve attackers' purposes and escape notice. "You can never really test every single combination on the chip. Testing a billion transistors would take a very long time. It would be very difficult to detect hardware Trojans without having some idea of what you're looking for to begin with," said Scott C. Smith, associate professor of electrical engineering at the University of Arkansas, co-author of a 2007 paper which described a "Hardware Threat Modeling Concept for Trustable Integrated Circuits." Tweaking chips themselves will make them prone to manipulate data, shut down a critical function, or turn a system into a bugged phone that steals and relays vital information, the experts say.

A New Jersey credit-card processor disclosed a data breach that analysts said may rank among the biggest ever reported. Heartland Payment Systems Inc. said Tuesday that cyber criminals compromised its computer network, gaining access to customer information associated with the 100 million card transactions it handles each month. The company said it couldn't estimate how many customer records may have been improperly accessed, but said the data compromised include the information on a card's magnetic strip -- card number, expiration date and some internal bank codes -- that could be used to duplicate a card. Heartland, of Princeton, N.J., processes transactions for more than 250,000 businesses nationwide, including restaurants and smaller retailers. Avivah Litan, an analyst at research company Gartner, called it the largest card-data breach ever, based on her conversations with industry executives. Previously, the largest known breach occurred when around 45 million card numbers were stolen from retail company TJX Cos. in 2005 and 2006. Robert Baldwin, Heartland's president and chief financial officer, said it was too early to say how many records were accessed and that calling it the largest-ever breach would be "speculative." Representatives of Visa Inc. and MasterCard Inc. alerted Heartland to a pattern of fraudulent transactions on accounts the processor handled sometime last fall, Mr. Baldwin said. But an internal investigation and audits failed to detect a security breach. Last week, however, a forensic investigator discovered evidence of the breach. Mr. Baldwin said Heartland was targeted with malicious software that was "light-years more sophisticated" than malevolent programs commonly downloaded from the Internet.