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Heartland Payment Systems, the sixth-largest payments processor in the U.S., announced Monday that its processing systems were breached in 2008, exposing an undetermined number of consumers to potential fraud. Meanwhile, Forcht Bank, one of the 10 largest banks in Kentucky, told its customers it would begin reissuing 8,500 debit cards after being informed by its own card processor of a possible breach. In the case of Heartland, while the company continues to assess the damages inflicted by the attack, Robert Baldwin, the company's president and CFO, says law enforcement has already noted that the attack against his company is part of a wider cyber fraud operation. "The indication that it is tied to wider cyber fraud operation comes directly from conversations with the Department of Justice and the U.S. Secret Service," Baldwin says. The company says it believes the breach has been contained. Heartland, headquartered in Princeton, NJ, handles approximately 100 million transactions per month, although the number of unique cardholders is much lower. "It is still a question as to the percentage of the data flow they were able to get," Baldwin says, adding he would not speculate on the number of cards potentially exposed. Specifics surrounding when the breach occurred are still being analyzed. But Baldwin says two forensic auditing teams have been working on the breach analysis and investigation since late 2008, after Heartland received the notification from Visa and MasterCard. The investigation began immediately after the credit card companies told Heartland they saw suspicious activity surrounding processed card transactions. Described by Baldwin as "quite a sophisticated attack," he says it has been challenging to discover exactly how it happened.

Some consumers say they like the way Internet retailers will suggest new purchases to them based on what they've bought previously. Others feel creeped out when a banner ad seems to know a bit too much about their Web surfing habits. It's called behavioral advertising, and it's central to the business success of all manner of Internet commerce, from bookstores to newspapers. The practice needs regulation, says Rep. Rick Boucher , the Virginia Democrat who chairs the House Energy and Commerce Subcommittee on Communications, Technology and the Internet. Boucher says legislation to protect consumer privacy online will spur people to surf more. But Internet advertising companies are not happy about regulation, especially because Boucher's plan would require, in some cases, that consumers agree in advance before their surfing habits could be tracked. Such an approach "would really be a sea change in the U.S. regulatory framework," says Mike Zaneis, vice president for public policy at the Interactive Advertising Bureau. Virtually all consumer protection laws, he says, permit people to opt out of solicitation, for instance, with a "do not call" registry. For the Internet, Congress has done almost nothing. "To suddenly move toward a draconian opt-in standard," he says, "would really be damaging not just to businesses but consumers." Zaneis, whose group includes such news heavyweights as the New York Times Co. and Conde Nast Publications, says now is not the time to upend Internet companies' business models, right when the economy is in the tank and print advertising is drying up. He argues further that new Web browsers make the issue moot by giving consumers the ability to easily block the electronic "cookies" that track their online movements. The issue promises to be a lobbying extravaganza. Last year, when the Federal Trade Commission (FTC) was developing self-regulatory guidelines for Web companies engaging in behavioral advertising, it

SAN JUAN, Puerto Rico-An identity-theft ring that catered to illegal immigrants seeking to establish themselves in the U.S. stole the personal data of 7,000 public school children in Puerto Rico, officials said Tuesday. Members of the ring broke into about 50 schools across the U.S. island territory over the past two years to steal birth certificates and Social Security numbers to sell to the illegal immigrants, the FBI and other agencies announced at a news conference. The victims were largely unaware their information had been stolen-and likely would not have learned of the thefts until they became adults and tried to buy something on credit, said assistant U.S. Attorney Julia Diaz Rex. "A kid is going to have a perfect credit history," Diaz said. "They reach 18, 20 years of age. They go buy a car and their credit is damaged." The authorities did not disclose how they uncovered the ring but said seven people have been arrested and one more is being sought. At least some of them were illegal immigrants from the Dominican Republic. Investigators determined the birth certificates and Social Security numbers were sold as a package in a number of states including Texas, Alaska and California, for up to $250, authorities said. Two suspects are accused of possessing nearly 6,000 birth certificates and Social Security cards. One was accused of intending to sell 40 Social Security cards for nearly $3,000, while another was seeking the same amount for 12 cards. The suspects in custody were being held on charges that include aggravated identity theft and social security fraud and face up to 15 years in prison, said U.S. Attorney Rosa Emilia Rodriguez. One suspect had been previously arrested for the kidnapping of a Dominican man last year that led to the shooting of a police officer during an FBI raid, said Luis Fraticelli, special FBI agent in charge of Puerto Rico. It is unclear if other members of the ring are at large, and whether they received help from sch

A federal judge said he will decide in the next few days whether supermarket giant Hannaford Bros. is potentially liable for damages because of a data breach that exposed more than 4 million credit and debit card numbers to computer hackers. Judge D. Brock Hornby heard arguments on Wednesday at U.S. District Court. Attorneys for Hannaford asked the judge to dismiss the lawsuit, which was filed against the Scarborough-based company last year. Attorneys for the plaintiffs said Hornby should certify the case as a class-action suit and let it proceed toward trial. The upcoming ruling will determine whether parts or all of the suit will go forward. The case boils down to a couple of central questions: To what extent are merchants responsible for securing the electronic data that gets processed with every noncash purchase, and what should the consequences be when that data is stolen? "These are fascinating and difficult issues," Hornby said after hearing the arguments Wednesday. "I'll get a written decision out to you as soon as I can." Between Dec. 7, 2007, and March 10, 2008, hackers stole credit and debit card numbers, expiration dates and PIN numbers from people shopping at Hannaford supermarkets. The grocery chain operates more than 200 stores under various names in New England, New York and Florida. More than 4 million card numbers were exposed, and by the time Hannaford publicly announced the breach, on March 17, 2008, about 1,800 fraudulent charges had been made.

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.

All but one of the legal claims filed against Hannaford Bros. -- the Maine-based retailer that suffered a security breach exposing some four million credit and debit cards -- has been dismissed. U.S. District Court Judge Brock Hornby threw out the civil claims against the grocer for its alleged failure to protect card holder data and to notify customers of the breach in a timely fashion. In dismissing the claims, Hornby ruled that without any actual and substantial loss of money or property, consumers could not seek damages. The only complaint he allowed to stand was from a woman who said she had not been reimbursed by her bank for fraudulent charges on her bank account following the Hannaford breach.

In a decision that has privacy advocates and others scratching their heads, a federal judge has ruled that LifeLock has been breaking California law for years by placing fraud alerts on its customer's credit profiles. The decision is a blow to the burgeoning identify-theft protection industry, and means that companies that experience data breaches may no longer be able to offer victims free subscriptions to such services - a standard damage-control tactic in recent years. Consumers can still place fraud alerts by contacting one of the three U.S. credit reporting agencies directly. Bo Holland, founder and CEO of Debix, a competitor of LifeLock, called the ruling "dramatic and unexpected." "It causes a real shift in the industry," he told Threat Level. The pre-trial partial summary judgment comes in a lawsuit filed last year against LifeLock by Experian, one of the nation's three credit reporting bureaus. Experian claimed LifeLock is trying to "game the system" of fraud alerts to make a profit.

Four HIV-positive patients whose records were left behind on an MBTA train by a Massachusetts General Hospital employee are suing the hospital, claiming their privacy has been breached. In March the hospital notified 66 patients who received care at its Infectious Disease Associates outpatient practice that billing records bearing their names, Social Security numbers, doctors, and diagnoses had been lost by a manager who was riding the Red Line. She had brought the paperwork home for the weekend, but left it on the train when she returned to work the morning of Monday, March 9, according to hospital security reports. Last week two patients who are HIV-positive filed a suit in Suffolk Superior Court against the hospital and the unidentified billing manager. The unnamed plaintiffs have been joined by two other HIV-positive people. The legal action was first reported in the weekly newspaper Bay Windows. Their lawyer, John Yasi of the Salem law firm Yasi and Yasi, said in an interview he has filed a motion to make the suit a class action that could cover all 66 patients, a significant number of whom are also HIV-positive. "The damages that jump out are the emotional distress surrounding the loss of obviously very sensitive medical information and secondarily the loss of personal security information," he said. "A Social Security number in reality may lead to identity theft, which we all know is a nightmare."

Diplomats and civil servants are to be warned about the danger of putting details of their family and career on social networking websites. The advice comes after the wife of Sir John Sawers, the next head of MI6, put family details on Facebook - which is accessible to millions of internet users. Lady Sawers disclosed details such as the location of the London flat used by the couple and the whereabouts of their three children and of Sir John's parents. She put no privacy protection on her account, allowing any of Facebook's 200 million users in the open-access London network to see the entries. Lady Sawers' half-brother, Hugo Haig-Thomas, a former diplomat, was among those featured in family photographs on Facebook. Mr HaigThomas was an associate and researcher for David Irving, the controversial historian who was jailed in Austria in 2006 after pleading guilty to Holocaust denial. Patrick Mercer, the Conservative chairman of the Commons counter-terrorism sub-committee, said that the entries were a serious error and potentially damaging.

Heartland Payment Systems chief executive Robert Carr remembers what it felt like when he first heard about the massive data breach at his company earlier this year. "I wanted to throw up. It was devastating," says Carr, recalling how he felt upon realizing that one of his worst fears had come true. "People had asked me for years 'what keeps you awake at night' and I would keep telling them it was the fear of a data breach," he told Computerworld. Five months after Heartland announced what some think may be the biggest data breach ever, Carr is working over-time to limit the fallout from the incident, and the damage to the company's reputation.

If you think the biggest threat to your sensitive information lies in network security, think again. Once a criminal is inside a building, there are limitless possibilities to what that person can access or damage. Take a look at your building's security. How easy is it to get inside?

Good awareness video to make employees & employers think about physical security ramifications

To find out more about the survey, I asked Deloitte LLP chairman of the board Sharon Allen to provide some additional context. Given that my only risk-management concern early this week relates to thunderstorms off the coast of South Padre Island, I asked Sharon to step in as a guest blogger today. Here's what she sent me: When I was a high school student growing up in the small farming community of Kimberly, Idaho, little did I know that a song from that time could serve as an anthem for something happening in the workplace today. The Beatles' 1967 classic "Hello Goodbye" is a study in contrasts, as are the current attitudes about social media. Social media has arrived - and with it, employers and employees are singing very different songs about what constitutes appropriate social networking both on and off the job. Recently, I commissioned the third annual Deloitte LLP "Ethics & Workplace" survey. We polled 500 executives and 2,000 employees outside Deloitte. Our survey found that 60 percent of business executives believe they have a right to know how employees portray themselves and their organizations in online social networks. Perhaps because nearly three-fourths of the employees in our poll agreed that the use of social networks makes it easier to damage a company's reputation. However, more than half of employees polled say their social networking pages are not an employer's concern. That belief is especially true among younger workers, with nearly two-thirds of 18- to 34-year-old respondents stating that employers have no business monitoring their online activity.

A privacy researcher is urging Netflix to cancel its next research contest, before it results in potentially millions of dollars in damages for invasion of its customers' privacy. "Netflix should cancel this new, irresponsible contest," Paul Ohm wrote in a blog affiliated with Princeton University's Center for Information Technology Policy. On Monday, the company awarded $1 million to the winners of its first competition, aimed at developing technology to improve its ability to predict what movies its customers will like. Ohm worries the information the company is about to release as test data for the second contest isn't as anonymous as Netflix may think.

"If there was anything even vaguely comforting about the data breaches that were announced this year, it was that many of them stemmed from familiar and downright mundane security failures. Companies continued to be felled more by usual issues such as lost laptops, un-patched or poorly coded software, inadvertent disclosures and rogue insiders, rather than by sneaky new attack techniques or devastating new hacker tools. "

Preventable data loss damages customer trust and corporate trust.

"Medical records for about 15,500 Northern California Kaiser patients - about 9,000 of them in the Bay Area - were compromised after thieves stole an external drive from a Kaiser employee's car last month, Kaiser officials said Tuesday." Kaiser officials said the electronic device contained patients' names, medical record numbers and possibly ages, genders, telephone numbers, addresses and general information related to their care and treatment. No Social Security numbers or financial information was contained on the drive, and Kaiser officials said there's no evidence that the information has been used inappropriately. The device was not encrypted, but some of the information was password protected. Kaiser has sent letters to the 15,500 members and the employee, who Kaiser would not identify, has been fired.

Another hospital employee fired for inappropraite access of medical records. More damage to a medical group reputation because someone failed to get the message.