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"A Texas bank is suing a customer hit by an $800,000 cybertheft incident in a case that could test the extent to which customers should be held responsible for protecting their online accounts from compromises. The incident, which was first reported by blogger Brian Krebs this week, involves Lubbock-based PlainsCapital bank and its customer Hillary Machinery Inc. of Plano. In November, unknown attackers based in Romania and Italy initiated a series of unauthorized wire transfers from Hillary's bank accounts and depleted it by $801,495. About $600,000 of the amount was later recovered by PlainsCapital. Hillary demanded that the bank repay it the rest of the stolen money. In a letter to the bank in December, Hillary claimed that the theft happened only because PlainsCapital had failed to implement adequate security measures. PlainsCapital promptly filed a lawsuit in the U.S. District Court for the Eastern District of Texas asking the court to certify that its security procedures were "commercially reasonable." In its complaint, the bank noted that it had made every effort to recover the stolen money."

Bank sues theft victim in pre-emptive strike

"This presentation contains statements of a forward-looking nature which represent our management's beliefs and assumptions concerning future events. Forward-looking statements involve risks, uncertainties and assumptions and are based on information currently available to us. Actual results may differ materially from those expressed in the forward-looking statements due to many factors, including without limitation, the impact that the significantly unfavorable economic conditions confronting the United States may have on our business, the results and effects the security breach of our processing system may have on us, including the costs and damages we may incur in connection with the claims arising from such breach that have been made and may in the future be made against us, the extent of cardholder information compromised and the possibility that such security breach could cause us to lose customers or make it difficult for us to obtain new customers, the possibility that we may not be successful in developing and implementing an end to end encryption solution, the possibility that if we are successful in developing and implementing an end to end encryption solution it may not prevent future security breaches of our payment processing system, and additional factors that are contained in the Company's Securities and Exchange Commission filings, including but not limited to, the Company's annual report on Form 10- K for the year ended December 31, 2008. We undertake no obligation to update any forward-looking statements to reflect events or circumstances that may arise after the date of this presentation. Topics / Agenda - The Future of Electronic Payments * What Is The Problem? The Cybercrimes Arms Race * Who Is Heartland Payment Systems? * What Happened and What Has/Will It Cost? * What Did We Do About It and What Are We Doing Now? * Massive Quantity/Quality of Breaches Call for Enhanced Solutions * Our New Solution Called E3 -

"On January 20, 2009, Heartland Payment Systems reported discovering malicious software in its payment processing system, a security breach of potentially massive magnitude given that the company's handles 100 million transactions per month for more than 250,000 businesses. While the monetary and data loses following from the penetration of Heartland's systems -- the compromise that lasted for months -- are still being determined, the financial impact on Heartland's stock price alone was devastating. " The breach, in conjunction with the economic downturn, led to the loss of about $500 million in shareholder value, more than three-quarters of the company's market capitalization, two months after the news was announced. And then there's the cost of more than several dozen breach-related lawsuits filed against the company this year and related expenses. According to slides presented in August at a National Retail Federation Conference by Robert O. Carr, Heartland's founder, chairman and CEO, the breach cost the company $32 million in legal fees, fines, settlements, and forensics during just the first half of the year.

"Data broker ChoicePoint, the victim of a 2004 data breach affecting more than 160,000 U.S. residents, has agreed to strengthen its data security efforts and pay a fine for a second breach in 2008, the U.S. Federal Trade Commission said Monday. ChoicePoint, now a subsidiary of Reed Elsevier, will pay US$275,000 to resolve the newest FTC complaint. The FTC accused the company of failing to implement a comprehensive information security program to protect consumers' personal information, as required by the agency after the 2004 breach. The April 2008 breach compromised the personal data of 13,750 people, the FTC said in a press release. ChoicePoint turned off a "key" electronic security tool used to monitor access to one of its databases, and failed to detect that the security tool was turned off for four months, the FTC said. For a 30-day period, an unknown hacker conducted thousands of unauthorized searches of a ChoicePoint database containing sensitive consumer information, including Social Security numbers, the FTC said. After discovering the breach, the company notified the FTC. If the software tool had been working, ChoicePoint likely would have detected the intrusions "much earlier," the FTC said. "

"A new report from Javelin Strategy and Research suggests that many credit and debit card holders fail to understand the importance of a notice saying that a credit card or debit card has been breached and do not protect themselves from fraud. The company's research found that people notified of a breach of their secure data were four times as likely as the public at large of actually experiencing financial or other fraud within a year of the notification. Further, those who experienced a breach in their secure data and then an incident of fraud very rarely link the fraud to the breach. "Among consumers who received a data breach notification in the past 12 months, 19% suffered fraud, yet only 2% attributed their fraud to a data breach, the firm reported. "It seems as if consumers are not connecting the dots on data breach notifications to fraud events. They are aware, in the abstract, some personal records of theirs have been compromised, but when they become a victim of fraud they do not make the connection to the breach notification.""

In a world of increasingly savvy and inter-connected customers, an organization's approach to information privacy may offer precisely the competitive advantage needed to succeed. Privacy is essential to creating an environment that fosters trusting, long-term relationships with existing customers, while attracting opportunity and facilitating the development of new ones. Spend the morning with me and nine privacy leaders from major corporations: Intel; IBM; Sun Microsystems, Inc.; Microsoft; Facebook; HP; Privacy Analytics Inc.; Ontario Lottery and Gaming Corporation; Peratech Limited; and GS1 Canada as they present their latest innovations in Privacy-Enhancing Technologies (PETs). You will appreciate how "Privacy by Design" - embedding PETs into the architecture of new systems - protects privacy, without compromising performance or security - a positive-sum not zero-sum outcome.

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Two things to remember as you prepare to file your taxes: If you get an e-mail from the IRS, it's probably a scam. And don't forget the stamp. As the April 15 tax filing date nears, online tax-related scams tend to ratchet up, experts say. If you're not careful, you could lose a lot more than just the refund. "Filing your taxes online is extremely convenient, however if you want to maintain the privacy of your data, you need to ensure that you are connecting to the proper Web site, that the connection is using encryption, and that your computer is free from any malware. If any of these components are compromised then your data is not safe," Ryan Barnett, director of application security research for Breach Security, said on Friday. "This would be like going to an ATM machine to withdraw money and allowing everyone around you to see your PIN number as you punch it in," he added. Not only do people have to take precautions in storing and transmitting their data over the Internet, but they also have to be wary of social engineering-type ruses that scammers use to trick people into giving out their sensitive data. Probably the most common type of tax season scam is the fake IRS phishing e-mail. These e-mails will either claim to be a tax refund or an offer to help file for a refund, settle tax debt, or other aid. (Not long ago, scammers were offering economic stimulus payments, even before the plan was approved.) They will provide a link to a Web site where the visitor is prompted to type in personal data like a Social Security number. Don't trust it, experts say.

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When ethical hackers track down computer criminals, do they risk prosecution themselves? Security researchers at this week's Usenix conference in Boston believe this is a danger, and that ethical hackers have to develop a uniform code of ethics for themselves before the federal government decides to take action on its own. One such researcher introduced himself by saying "Hi, I'm Dave Dittrich, and I'm a computer criminal." Dittrich, senior security engineer and researcher at the University of Washington's Information School, has not been unlucky enough to be prosecuted. But ten years ago, he took actions to disrupt distributed denial-of-service attacks which he says could have been construed as criminal, he says. Working within the University of Washington Network, Dittrich says he "copied files from one host in Canada that was caching malicious software and logs of compromised hosts," allowing him to gain a fuller understanding of the nascent distributed denial-of-service tools, and to inform the operators of infected Web sites that a problem existed.

IT directors are adding multiple layers of protection to their networks and constantly upgrade those measures to adjust for new threats. Is this good? Is the Internet too broken to fix? Is there a better path to enterprise network security? One option is a new "gated community" Internet, where users give up their freedoms and anonymity for safety. My initiation to the Internet and the World Wide Web occurred in 1994 in a large meeting room at an Atlanta hotel. Most of the 100 or so seats were empty. Those in attendance seemed fairly rabid about this new network and took exception to one speaker's prediction that the Web would become a major marketing vehicle. "Not gonna happen," said one attendee. "We'll spam them into submission if they try. We won't let this become commercialized." I kind of chuckled to myself. Those early adopters were mainly concerned with protecting the Internet from commercialization and marketing. Security was not even part of the discussion. Now, it is threatening to dismantle the Internet as a communication and commerce tool. Cyber attacks on U.S. government computer networks increased a reported 40 percent in 2008, according to data from the U.S. Computer Emergency Readiness Team. More than 100 million credit card accounts at Heartland Payment Systems were compromised last year. In November, the Pentagon suffered from a cyber attack in the form of a global virus or worm that spread rapidly throughout a number of military networks, and caused the agency to ban the use of external storage devices, such as flash drives and DVDs. And this is just the tip of the Internet security Relevant Products/Services iceberg. Enterprise networks are being used to launch phishing Relevant Products/Services and other Internet scams, such as the Conficker worm that infected 12 million computers late last year. IT directors everywhere are adding multiple layers of protection to their networks and constantly having to upgrade those measures to adjust fo

Identity thieves using the names and Social Security numbers of Irving Independent School District employees have made thousands of dollars in purchases, school officials say. One woman has been accused of fraudulent use or possession of identifying information and two charges of credit card abuse. A second person linked to the theft case has been arrested but no charges have yet been filed in the Irving case, authorities said. At least 64 of the 3,400 teachers and other employees whose names were on the old benefits report that somehow ended up in the trash have said they are identity theft victims. The school district mailed letters to current and former employees about the breach, but 472 of the letters were returned as undeliverable. Pat Lamb, district security director, said in a story for Sunday's online edition of The Dallas Morning News that the employees at risk of being on the list worked for the district in the 2000-01 school year and had payroll deductions for benefits. "We still do not know how our records were compromised," Lamb said. "We don't know if somebody was supposed to shred that information, but it ended up in a Dumpster." Lamb said his name was among those on the report, which was generated in 2000. Cynthia Will, a former teacher, pleaded for help from the school board last week. More than $25,000 was charged in her name, including a $4,000 diamond ring, the newspaper reported. "It was stunning the damage that was done in just seven days," she told the board. Will has to carry an affidavit stating that she is an identity theft victim and if there are warrants on her old driver's license number that they are not for her. Dawn Bizzell, who has taught in the district since 1996, said district officials acted too slowly. An employee advisory wasn't posted until Jan. 26. Bizzell said she learned she was an identity theft victim on Nov. 28 and police told her of the district connection on Dec. 3.

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Most Americans believe the world financial crisis has increased their risk of identity theft or related crimes, according to the latest Unisys Security Index. The biannual survey of consumers in nine countries found that more than two-thirds of Americans are "extremely or very concerned" about other people obtaining and using their credit or debit card details -- with 90 percent at least "somewhat concerned." In addition, computer security remains a major concern. More than 40 percent of Americans are extremely or very concerned about security in relation to viruses or unsolicited emails. Three-quarters of Americans believe that the world financial crisis will increase the risk that they will personally experience identity theft or related crimes. More than one-quarter believe that the risk will increase substantially. "Financial security for Americans has moved from third place to front and center, number one," Tim Kelleher, vice president of enterprise security at Unisys, provider of information technology consulting services, told SCMagazineUS.com Monday. "People feel they are much more financially at risk." This has major implications for banks and other financial institutions, as well as internet businesses, he said. "Banks and businesses need to understand that customers are more wary than ever about using services that may compromise their personal data," Kelleher said. "If economic concerns increase these fears, companies need new strategies to strengthen customer confidence through accountability and transparency, which also plays to part of the Obama administration's call to action for government and business." The U.S. Security Index is based on a random telephone survey of 1,004 persons ages 18 and over. The first wave of the study was conducted in August 2007.

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Individuals have been at risk of having their personal information stolen and used to commit identity-related crimes long before the emergence of the Internet. What the Information Age has changed, however, is the method by which identity thieves can access and exploit the personal information of others. One method in particular leaves hundreds of thousands, and in some cases tens of millions, of individuals at risk for identity theft: large scale data breaches by skilled hackers. In this method, criminals remotely access the computer systems of government agencies, universities, merchants, financial institutions, credit card companies, and data processors, and steal large volumes of personal information on individuals. Such large scale data breaches have revolutionized the identity theft landscape as it relates to fraud on existing accounts through the use of compromised credit and debit card account information. Large scale data breaches would be of no more concern than small scale identity thefts if criminals were unable to quickly and widely distribute the stolen information for subsequent fraudulent use (assuming, of course, that the breach would be quickly detected). Such wide-scale global distribution of stolen information has been made possible for criminals with the advent of criminal websites, known as "carding forums," dedicated to the sale of stolen personal and financial information. These websites allow criminals to quickly sell the fruits of their ill-gotten gains to thousands of eager fraudsters

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New Englanders have a reputation for being taciturn, but when it comes to data Massachusetts takes the cake. No state loves its privacy more than the Bay State, which last year passed the nation's most exacting data privacy law, requiring companies to check off a honey-do list of steps designed to protect personal data belonging to commonwealth residents. Connecticut and Rhode Island preceded Massachusetts in joining the minority of states that have enacted proactive data privacy laws, requiring businesses to protect information like Social Security and credit card numbers. Maine, Vermont and New Hampshire, like nearly all states, have only reactive data laws, requiring companies to take certain steps - like reporting a breach to authorities - after data has been compromised. Rhode Island's law, passed in 2006, requires businesses that own or license Rhode Islanders' personal information to "provide reasonable security" for that data. Connecticut's law, passed shortly before Massachusetts enacted data privacy legislation last summer, requires businesses to create and publicly display a data protection policy, but does not specify what that policy should entail. The Connecticut and Rhode Island laws stop far short of the controversial requirements in Massachusetts, where new regulations are scheduled to take effect by January 2010. "They're not technically one-liners, but they're very general," Goodwin Procter LLP partner David Goldstone said of the Connecticut and Rhode Island statutes, which are similar to laws passed in Texas and California. "Essentially they say companies have to have reasonable protections in place."

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"Identity theft can happen to anyone," is the frequent refrain of government and advocacy groups warning consumers about bank fraud. What they don't add: The crime is far more likely when that "anyone" is a woman. A study released Monday by the fraud-tracking firm Javelin Research showed that women are 26% more likely than men to be the victims of identity theft. While 3.8% of men had their banking details stolen and used for fraud in the last year, 4.8% of women were victimized. And women took far longer on average to discover their financial identities had been compromised, leading to far greater risk of repeat fraud: Women took 83 days to detect they'd been targeted, compared with 45 days for men. The growing reason behind this disparity, argues Javelin President James Van Dyke, is an often-misunderstood trend: Digital commerce is making identity theft harder, rather than easier. Because men are statistically more likely than women to adopt newer technologies such as online banking and shopping, they more often have the benefit of high-tech safeguards, Van Dyke says. Women, because of their lesser use of Web banking and sales, suffer from more old-fashioned fraud caused by stolen credit cards or retail employees, he says. Fifty-eight percent of women, for instance, have never banked online, compared with 55% of men, according to Javelin's study. That means women are less likely to sign up for fraud protection programs like text message or e-mail alerts that warn of abnormal transactions. Twenty-three percent of men use e-mail alerts, compared with 15% of women; 8% of men receive text message warnings, compared with just 3% of women.

Here's the paper's abstract: This paper presents a novel technique for authenticating physical documents based on random, naturally occurring imperfections in paper texture. We introduce a new method for measuring the three-dimensional surface of a page using only a commodity scanner and without modifying the document in any way. From this physical feature, we generate a concise fingerprint that uniquely identifies the document. Our technique is secure against counterfeiting and robust to harsh handling; it can be used even before any content is printed on a page. It has a wide range of applications, including detecting forged currency and tickets, authenticating passports, and halting counterfeit goods. Document identification could also be applied maliciously to de-anonymize printed surveys and to compromise the secrecy of paper ballots.

Woonsocket-based CVS Caremark Corp., the largest U.S. drugstore chain, has agreed to pay $2.25 million to settle federal charges that company employees compromised customer privacy by throwing prescription records and drug bottles into open trash bins. The Federal Trade Commission said its investigation with the Health and Human Services Department followed media reports that trash bins behind CVS pharmacies contained pill bottles bearing patient names, credit-card and insurance information, and Social Security numbers. The company also did not have adequate policies for disposing of that information, and did not sufficiently train employees to dispose of the information properly, the agencies said. The items that were not properly discarded included pill bottles, medication instruction sheets, computer order forms, payroll information, job applications and credit-card and insurance information. Those labels and forms contained personal information including Social Security numbers and credit card and insurance information, and in some cases, driver's license numbers and account numbers. Names of the patients' doctors were also included. The settlement "will restore appropriate privacy protections to tens of millions of people across the country," FTC chairman William Kovacic said in a statement. "It also sends a strong message" that organizations "are required to secure consumers' private information," he said.

A company that monitors P2P networks says it found details about the president's helicopter, Marine One, on a computer in Tehran. Pittsburgh station WPXI reports. Bob Boback, CEO of Tiversa, said, "We found a file containing entire blueprints and avionics package for Marine One. … What appears to be a defense contractor in Bethesda, MD had a file sharing program on one of their systems that also contained highly sensitive blueprints for Marine One," Boback said. Retired Gen. Wesley Clark, an adviser to Tiversa, added: We found where this information came from. We know exactly what computer it came from. I'm sure that person is embarrassed and may even lose their job, but we know where it came from and we know where it went. It's no accident the information wound up in Iran, the company said. Countries like Iran, Pakistan, Yemen, Qatar and China are "actively searching for information that is disclosed in this fashion because it is a great source of intelligence," Boback said. Rep. Jason Altmire said he will ask Congress to investigate the risk to national security of this sort of exposure. Cnet's Charles Cooper interviewed the Tiversa's Sam Hopkins (Cooper says he's the CEO but the original report said Boback is CEO; the company website doesn't list executives), who said someone at the company was running a Gnutella client - possible a buggy one. Hopkins said it's hardly an unusual occurence - although presumably the usual breaches aren't so closely connected to the President. Everybody uses (P2P). Everybody. We see classified information leaking all the time. When the Iraq war got started, we knew what U.S. troops were doing because G.I.'s who wanted to listen to music would install software on secure computers and it got compromised. … We see information flying out there to Iran, China, Syria, Qatar-you name it. There's so much out there that sometimes we can't keep up with it. Bottom line: P2P is the big

Two Philadelphia law firms have filed class action suits on behalf of all cardholders in the U.S. who had their credit or debit card data stolen in the Heartland Payment System (HPY) data breach. This brings to three the total number of class action lawsuits filed against the Princeton, NJ-based payments processor. The law firm of Berger & Montague filed a class action suit in the U.S. District Court for the District of New Jersey, alleging Heartland's failure to safeguard cardholder data when the company's computer systems were hacked and cardholder data was stolen. Heartland says last year it processed 100 million card transactions per month, but an unknown number of cards were impacted by the breach. The law firm says fraudulent activity has occurred on some of those cards. The law firm alleges that Heartland's security measures and intrusion detection systems were inadequate. "Because of Heartland's inadequate data security, cardholders have had their card information compromised, have been exposed to the risk of fraud, have spent and will spend time to monitor their accounts and dispute fraudulent charges, and have suffered other economic damages," the law firm says in its statement regarding the suit. Berger & Montague were also co-lead counsel in the consumer class action suit brought against TJX Companies, which resulted in a $200 million settlement. The third class action lawsuit filed in February against Heartland comes from Sheller P.C. of Philadelphia, PA. Sheller's suit against Heartland has similar charges against the payment processor. Sheller P.C. also filed its class action lawsuit in the U.S. District Court for the District of New Jersey. Sheller P.C. has also filed a consumer class action suit against RBS WorldPay for its security breach that was made public on Dec. 23, 2008. Previously, Chimicles & Tilellis LLP of Haverford, PA filed suit in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Co

Up to 21,000 Floridians may have been affected by a data breach at Wyndham Hotels & Resorts last year, prompting Attorney General Bill McCollum to ask consumers to keep a close eye on their credit statements. According to a statement released today, Wyndham reported to the Attorney General's Office that it contacted affected consumers in December and notified them that unauthorized access to Wyndham systems had potentially compromised their personal data on their debit and credit cards. The data breach has since been disabled. McCollum encouraged consumers to report any suspicious activity on their accounts to law enforcement. Affected consumers are encouraged to take precautionary steps, including obtaining a free fraud alert from one of the credit reporting agencies. Anyone who believes they may be a victim of identity theft should also request that the national credit bureaus place a fraud alert on their credit reports. Consumers should notify banks and creditors involved of questionable charges or accounts, keep records of all telephone calls and follow up in writing with credit bureaus, banks and creditors.

There are three reasons for breach notification laws. One, it's common politeness that when you lose something of someone else's, you tell him. The prevailing corporate attitude before the law - "They won't notice, and if they do notice they won't know it's us, so we are better off keeping quiet about the whole thing" - is just wrong. Two, it provides statistics to security researchers as to how pervasive the problem really is. And three, it forces companies to improve their security. That last point needs a bit of explanation. The problem with companies protecting your data is that it isn't in their financial best interest to do so. That is, the companies are responsible for protecting your data, but bear none of the costs if your data is compromised. You suffer the harm, but you have no control - or even knowledge - of the company's security practices. The idea behind such laws, and how they were sold to legislators, is that they would increase the cost - both in bad publicity and the actual notification - of security breaches, motivating companies to spend more to prevent them. In economic terms, the law reduces the externalities and forces companies to deal with the true costs of these data breaches.