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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.

A former Miss West Virginia has won a $7.2 (NZ$12.6) million verdict against nine internet companies that tried to sell pornographic videos they falsely claimed featured her. A jury in US District Court in Clarksburg on Wednesday ordered each defendants to pay Allison Williams $800,000 for damaging the 2003 beauty queen's reputation and invading her privacy. Williams' attorney is appealing US District Judge Irene M. Kelley's decision to dismiss 28 other defendants in the United States, Australia, the Netherlands, Belgium, Cayman Islands, Canada and South Africa that allegedly took part in distributing the bogus videos. The videos surfaced in the fall of 2004. The videos show a woman that they claim to be, but isn't Williams, engaged in sex in the back of a television news truck.

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Guess what? That unlocked rant you put on your MySpace profile is open to the public and can be seen by anyone with a computer. Imagine that! Cynthia Moreno learned this the hard way. A judge ruled earlier this month that it was not an invasion of her privacy when a local newspaper published a rant pulled from her MySpace blog. After a visit to her hometown of Coalinga, Calif., college student Moreno penned a 700-word blog entry titled "An Ode to Coalinga" that opened with "the older I get, the more I realize how much I despise Coalinga." Moreno subsequently deleted the blog entry, but Roger Campbell, principal of Coalinga High School, discovered it before the deletion and handed it over to his friend Pamela Pond, editor of the Coalinga Record newspaper. Pond then published the rant in its entirety as a letter to the editor, printing Cynthia's full name. The Moreno family was met with death threats and shots were fired outside their home. Cynthia's father David was forced to close his 20-year-old family business, and the family moved to another town. The family sued the newspaper and the Coalinga-Huron Unified School District for invasion of privacy and infliction of emotional distress. The case against the newspaper was dismissed on free speech grounds, but the case against Campbell and the school district was allowed to proceed. Campbell did not violate Moreno's rights when he handed over her rant to Pond because Moreno's blog entry was published on the Internet and available for anyone to see, according to the Superior Court of Fresno County.

A couple in Pittsburgh whose lawsuit claimed that Street View on Google Maps is a reckless invasion of their privacy lost their case. Aaron and Christine Boring sued the Internet search giant last April, alleging that Google "significantly disregarded (their) privacy interests" when Street View cameras captured images of their house beyond signs marked "private road." The couple claimed in their five-count lawsuit that finding their home clearly visible on Google's Street View caused them "mental suffering" and diluted their home value. They sought more than $25,000 in damages and asked that the images of their home be taken off the site and destroyed. However, the U.S. District Court for Western Pennsylvania wasn't impressed by the suit and dismissed it (PDF) Tuesday, saying the Borings "failed to state a claim under any count." Ironically, the Borings subjected themselves to even more public exposure by filing the lawsuit, which included their home address. In addition, the Allegheny County's Office of Property Assessments included a photo of the home on its Web site. The Borings are not alone in their ire toward the Google Maps feature. As reported earlier, residents in California's Humboldt County complained that the drivers who are hired to collect the images are disregarding private property signs and driving up private roads. In January, a private Minnesota community near St. Paul, unhappy that images of its streets and homes appeared on the site, demanded Google remove the images, which the company did. However, Google claims to be legally allowed to photograph on private roads, arguing that privacy no longer exists in this age of satellite and aerial imagery. "Today's satellite-image technology means that...complete privacy does not exist," Google said in its response to the Borings' complaint Not long after the feature launched in May 2007, privacy advocates criticized Google for displaying photographs that included people's faces and car license

There were only two of us on the graveyard shift. "If it's not locked up," a colleague at my first newspaper declared as he snatched a folder of papers from our boss' desk and strode towards the office copying machine, "Xerox it." (Old-tongue for photocopy.) That was long before CDs, and USB drives and, certainly, iPods, but the lesson was the same. If you are stupid about protecting company information, shame on you. I guess that's the message behind the "revelation" released in a survey this week that the majority of people who leave their jobs, voluntarily or otherwise, are taking company information with them. Lots of it. My reaction was the same as when I watched my fellow journalist grab and copy whatever it was that had been so carelessly left in the open. I shrugged. (We are by nature an overly curious species, and that overrides our normally dominant ethics gene.) Data Loss Risks During Downsizing conducted by the Ponemon Institute and sponsored by Symantec, was apparently designed to test the hypothesis that in this dire economy (ominous music in background), former employees are going to take important company information out the door. And, in fact, the poll of 945 former employees who left their jobs or were dismissed in the last 12 months showed that 59% stole company data. What kind of data? Email lists, non-financial business information and customer information, including contact lists. Not the secret formula for Coke, not the clinical trial reports on a cure for cancer, no insider information on proposed mergers and acquisitions. Not even a few thousand credit card numbers. Hardly worthy of shock and dismay. This is what a lot of people do when they leave jobs. Are they supposed to? No. Is it wrong? Yeah, but it's sort of like cheating on taxes. Folks rationalize it in a variety of ways, or it just doesn't weigh heavily enough on their conscience to set off an internal alarm. Most of the people who took data - 79% â

Nearly one week after news emerged of the big data breach at Princeton, N.J.-based merchant acquirer Heartland Payment Systems Inc., it remains unclear how much damage actually happened and who did it. One report suggests Heartland's breach-related legal liabilities could approach $98 million, an estimate a Heartland spokesperson dismisses as speculative. The spokesperson tells Digital Transactions News on Monday that the so-called "sniffer" program secretly planted on one of Heartland's payment-processing platforms was not being used when investigators found it about two weeks ago. "It was inactive," the spokesperson says. "I want to be specific to say it was inactive," he adds, clarifying that the hackers hadn't deliberately disabled or deactivated it. Robert Carr, Heartland's chief executive, meanwhile, issued a statement calling for better industry cooperation and new operational procedures to prevent future data compromises, including industrywide, end-to-end encryption to fully protect cardholder data. Heartland uses encryption, but industry procedures leave data unencrypted during one brief point of the authorization process-a weakness that hackers have learned to exploit. Carr also said Heartland is working on its own system of end-to-end encryption.

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.

Visa Inc.'s top risk management executive today dismissed what she described as "recent rumblings" about the possible demise of the PCI data security rules as "premature" and "dangerous" to long-term efforts to ensure that credit and debit card data is secure. Speaking at Visa's Global Security Summit in Washington, Ellen Richey, the credit card company's chief enterprise risk officer, insisted that despite recent data breaches at two payment processors, the Payment Card Industry Data Security Standard (PCI DSS) "remains an effective security tool when implemented properly." Richey added that breaches such as the ones at Heartland Payment Systems Inc. and RBS WorldPay Inc. were shaping public opinion and obscuring what otherwise has been "substantial progress" on the security front over the past year. "I'm sure that everyone in this room has read the headlines questioning how an event of this magnitude could still happen today," Richey said, referring to the Heartland breach. "The fact is, it never should have" - and indeed wouldn't have if Heartland had been vigilant about maintaining its PCI compliance, according to Richey. "As we've said before," she continued, "no compromised entity has yet been found to be in compliance with PCI DSS at the time of a breach." Pointing to Visa's decision last week to remove both of the breached payment processors from its list of PCI-compliant service providers, Richey said that Heartland would face fines and probationary terms that were proportionate to the still-undisclosed magnitude of the breach. "While this situation is unfortunate, it does not make me question the tools we have at our disposal," she said of the PCI rules.

The U.S. Supreme Court Monday accepted an appeal by several groups that brought a constitutional challenge to the Public Company Accounting Oversight Board created by 2002 changes in federal accounting laws. The free-enterprise groups and a Nevada accounting firm sued to stop the Securities and Exchange Commission from naming members of the accounting board, set up by Congress to oversee public-company accountants. "In creating the board, Congress deliberately sought to test the outer boundaries of its ability to reduce presidential power," the groups said in the appeal. The groups, in their lawsuit, claimed the U.S. Constitution required board members to be appointed by the president or the SEC chairman, rather than the entire commission for the securities agency. The Supreme Court's decision to hear the appeal breathes new life into the case, which didn't get much traction in lower courts. The U.S. Solicitor General's office, in court briefs, had urged the high court to reject the appeal, calling it a "poor vehicle" to resolve the constitutional issues raised by the challengers. "The president's control over the SEC is constitutionally sufficient and the act in turn grants the SEC complete and pervasive control over every aspect of the board's authority," Solicitor General Elena Kagan wrote. A U.S. federal judge dismissed the lawsuit in 2007 and the Washington-based U.S. Federal Circuit Court of Appeals also rejected the challenge in a 2-1 decision last year. The private, nonprofit board is charged with inspecting and disciplining public company accountants. The case is the Free Enterprise Fund vs. the Public Company Accounting Oversight Board, 08-861. Oral arguments will be held in the fall, and a decision is expected by July 2010.

A former IT analyst at the Federal Reserve Bank of New York and his brother were arrested Friday on charges that they took out loans using stolen information, including sensitive information belonging to federal employees at the bank. Prosecutors allege that Curtis Wiltshire, 34, took out student loans totalling US$73,000 using the stolen information. His brother, Kenneth Wiltshire, 40, is charged with using the identities of two federal employees to try and obtain a loan for a 2006 Sea Ray 340 Sundancer speedboat. The charges (pdf) come two months after federal investigators found two 2006 student loan applications on a thumb drive attached to the work computer of Curtis Wiltshire, who had worked at the Reserve Bank for nearly eight years as an information and technical analyst. According to court documents, that investigation was unrelated to the fraud charges. Wiltshire was dismissed soon after the drive was found on around Feb. 15, prosecutors said. The charges were filed in the federal court in Manhattan. The two men could not be reached for comment Friday and the names of their lawyers were not included in the court documents. Curtis Wiltshire had "access to computer files containing information about employees of the [federal bank], including their names, dates of birth, Social Security numbers, and photographs," U.S. Federal Bureau of Investigation Special Agent Cordel James said in an affidavit filed in the case. Curtis Wiltshire was charged with bank fraud and identity theft and faces more than 30 years in prison if convicted. His brother was charged with mail fraud and identity theft and faces a maximum of 22 years in prison.

Veterans suffering anxiety and paranoia following the theft of a government hard drive containing the medical histories and Social Security numbers of 198,000 of their brethren cannot recover financial damages, a federal appeals court says. The 11th U.S. Circuit Court of Appeals, in largely dismissing a class-action, ruled Wednesday that the veterans could recoup at least $1,000 under the Privacy Act if they could show financial damages, not mental anguish. What's more, the Atlanta-based court noted that the veterans - some already suffering post-traumatic stress syndrome from their Vietnam War days - likely could recover damages for mental anguish associated with the data breach if the lawsuit was before a different court. That's because the courts of appeal across the nation have issued conflicting interpretations of the Privacy Act of 1974, which allows people to sue the government for privacy breaches and recover "actual damages." Precedent in the 11th Circuit, which includes Alabama, Florida and Georgia, interprets "actual damages" as money losses only. So 198,000 veterans - whose life history was on a hard drive that vanished from a Birmingham, Alabama Veterans Administration hospital - are out of luck, even if their war-time paranoia was exacerbated by the breach. The 11th Circuit noted (.pdf) that the 5th U.S. Circuit Court of Appeals and the 10th U.S. Circuit Court of Appeals "do not restrict 'actual damages' under the Privacy Act to pecuniary losses." And the Supreme Court has refused to resolve the circuit splits.

Complimentary Webinar: Managing Data Breach Litigation You are cordially invited to attend a complimentary Webinar hosted by Debix Titled: Managing Data Breach Litigation. Proskauer Rose, Partner, Tanya Forsheit, will discuss recent developments in data breach litigation and other privacy class actions. Tanya also will discuss lessons to be learned from recent decisions and what these court opinions mean for companies facing privacy litigation. Kroll Ontrack, Senior Managing Director, Alan Brill, will provide lessons learned from the field on litigation strategies. The presentation will include practical tips on avoid litigation, getting litigation dismissed or in the unfortunate scenario of a lawsuit, winning strategies. Debix, VP of Emerging Technologies, Julie Fergerson has been working with data breached organizations for over 10 years and will moderate the call.