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"The United States House of Representatives took a major step this week toward enacting a national data breach notification law. H.R. 2221, the Data Accountability and Trust Act (DATA), cleared the House with a voice vote. In its current form, DATA requires businesses to notify customers and the Federal Trade Commission (FTC) if sensitive information has been exposed to a security breach. If the U.S. Senate can reconcile its own approach to data breach notification legislation with DATA, a new federal standard will emerge. If signed into law by President Barack Obama, a federal data breach ¬law would pre-empt the jumbled mass of dozens of state laws. "You'd be better served by federal legislation if the federal legislation has teeth and doesn't pre-empt the state's law," said California state senator Joe Simitian, speaking to executive editor Scot Petersen in September. "If there was a meaningful standard at the national level, I think many states would be happy to accept it." Aside from the data breach notification required by the HITECH Act, DATA would put into place the first national law of its kind. H.R. 2221 was sponsored by House Subcommittee Chair Rep. Bobby L. Rush of Illinois. The bill specifically states that: "Any person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data -- 1. notify each individual who is a citizen or resident of the United States whose personal information was acquired by an unauthorized person as a result of such a breach of security; and 2. notify the Federal Trade Commission."

The loss of personally identifiable information, such as an individual's Social Security number, name, and date of birth can result in serious harm, including identity theft. Identity theft is a serious crime that impacts millions of individuals each year. Identity theft occurs when such information is used without authorization to commit fraud or other crimes. While progress has been made protecting personally identifiable information in the public and private sectors, challenges remain. GAO was asked to testify on how the loss of personally identifiable information contributes to identity theft. This testimony summarizes (1) the problem of identity theft; (2) steps taken at the federal, state, and local level to prevent potential identity theft; and (3) vulnerabilities that remain to protecting personally identifiable information, including in federal information systems. For this testimony, GAO relied primarily on information from prior reports and testimonies that address public and private sector use of personally identifiable information, as well as federal, state, and local efforts to protect the security of such information. GAO and agency inspectors general have made numerous recommendations to agencies to resolve prior significant information control deficiencies and information security program shortfalls. The effective implementation of these recommendations will continue to strengthen the security posture at these agencies. Identity theft is a serious problem because, among other things, it can take a long period of time before a victim becomes aware that the crime has taken place and thus can cause substantial harm to the victim's credit rating. Moreover, while some identity theft victims can resolve their problems quickly, others face substantial costs and inconvenience repairing damage to their credit records. Some individuals have lost job opportunities, been refused loans, or even been arrested for crimes they did not commit as a result of identit

The loss of personally identifiable information, such as an individual's Social Security number, name, and date of birth can result in serious harm, including identity theft. Identity theft is a serious crime that impacts millions of individuals each year. Identity theft occurs when such information is used without authorization to commit fraud or other crimes. While progress has been made protecting personally identifiable information in the public and private sectors, challenges remain. GAO was asked to testify on how the loss of personally identifiable information contributes to identity theft. This testimony summarizes (1) the problem of identity theft; (2) steps taken at the federal, state, and local level to prevent potential identity theft; and (3) vulnerabilities that remain to protecting personally identifiable information, including in federal information systems. For this testimony, GAO relied primarily on information from prior reports and testimonies that address public and private sector use of personally identifiable information, as well as federal, state, and local efforts to protect the security of such information. GAO and agency inspectors general have made numerous recommendations to agencies to resolve prior significant information control deficiencies and information security program shortfalls. The effective implementation of these recommendations will continue to strengthen the security posture at these agencies. Identity theft is a serious problem because, among other things, it can take a long period of time before a victim becomes aware that the crime has taken place and thus can cause substantial harm to the victim's credit rating. Moreover, while some identity theft victims can resolve their problems quickly, others face substantial costs and inconvenience repairing damage to their credit records. Some individuals have lost job opportunities, been refused loans, or even been arrested for crimes they did not commit as a result of identit

Privacy is a central element of the FTC's consumer protection mission. In recent years, advances in computer technology have made it possible for detailed information about people to be compiled and shared more easily and cheaply than ever. That has produced many benefits for society as a whole and individual consumers. For example, it is easier for law enforcement to track down criminals, for banks to prevent fraud, and for consumers to learn about new products and services, allowing them to make better-informed purchasing decisions. At the same time, as personal information becomes more accessible, each of us - companies, associations, government agencies, and consumers - must take precautions to protect against the misuse of our information. The Federal Trade Commission is educating consumers and businesses about the importance of personal information privacy, including the security of personal information. Under the FTC Act, the Commission guards against unfairness and deception by enforcing companies' privacy promises about how they collect, use and secure consumers' personal information. Under the Gramm-Leach-Bliley Act, the Commission has implemented rules concerning financial privacy notices and the administrative, technical and physical safeguarding of personal information, and it aggressively enforces against pretexting. The Commission also protects consumer privacy under the Fair Credit Reporting Act and the Children's Online Privacy Protection Act.

Two U.S. Securities and Exchange Commission employees are under investigation by federal criminal authorities for allegedly using insider information to trade stocks, a source familiar with the matter said on Thursday. A report by the SEC's internal watchdog alleges that the two SEC lawyers traded in stock of a large financial services company despite being told by another SEC employee of ongoing investigations of that company, CBS News reported. The SEC inspector general report said one SEC attorney under investigation works in the Office of the SEC's Chief Counsel and has access to a tremendous amount of nonpublic information, CBS News said. An SEC spokesman said: "We take seriously even the suggestion that any SEC employee would engage in insider trading. We note that the inspector general report neither accuses any SEC employee of insider trading nor concludes that any such conduct took place." Calls to the SEC's inspector general and Federal Bureau of Investigation were not immediately returned.

To help parents better understand their childrens' online privacy rights, the Federal Trade Commission has developed a new article, Protecting Kids' Privacy. The article is posted at OnGuardOnline.gov, a Web site sponsored by the federal government and the technology industry to help users stay on guard against Internet fraud, secure their computers, and protect their personal information. Parents can learn what Web sites must do to protect the privacy of kids younger than 13 under the Children's Online Privacy Protection Act (COPPA). For example, with very few exceptions, sites must get parents' permission if they want to collect or share their kids' personal information. Parents also will find tips for talking to their kids about online privacy, knowing what their kids are doing online, reporting a Web site that may be violating COPPA, and more. To learn more about online privacy for kids, view this article on OnGuardOnline.gov at www.OnGuardOnline.gov/topics/kids-privacy.aspx or view it as an FTC Facts for Consumers publication at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm. The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer topics.

The new Obama Administration and a stronger Democratic party control of Congress set in the midst of a struggling economy and foreign policy issues, has created an interesting environment for legislation and regulations affecting customer interactions both federally and at state levels. While contact center-and-direct marketing-affecting issues such as offshoring, privacy, and telemarketing may haven been pushed offstage, they are not out of the hall. Ironically, economic pressures may shove them back into the spotlight as governments, especially states, seek ways to keep jobs and revenue sources, which contact centers provide. Federal Legislation Here is an examination of federal industry issues that lawmakers and regulators are and may be addressing in 2009: * Offshoring Federal lawmakers may reintroduce a bill similar to HR 1776, The Call Center Consumer's Right to Know Act, which would require contact center agents to disclose the physical location of such employee at the beginning of inbound and outbound calls. Firms would also have to annually certify to the Federal Trade Commission (FTC (News - Alert)) their compliance with such requirement. HR 1776 is an attempt to restrict offshoring by making customers aware that their calls may be going to or originating out of country. The bill's supporters hope customers and negative publicity would pressure firms to bring such jobs back to the U.S. The downsides are that such bills may significantly add to contact center costs in both onshoring and time spent location disclosing and in compliance, which would ultimately be paid for by consumers. In doing so bills like it that hike contact center expenses may also be self-defeating as they may result in fewer domestic jobs. "The particular type of disclosure contemplated by HR 1776 is a burdensome additional disclosure without clear benefit to the consumer," American Teleservices Association (ATA) CEO Tim Searcy told the House Energy and Commerce subcom

Six federal agencies issued a set of frequently asked questions (FAQs) today to help financial institutions, creditors, users of consumer reports, and issuers of credit cards and debit cards comply with federal regulations on identity theft and discrepancies in changes of address. The "Red Flags and Address Discrepancy Rules," which implement sections of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), were issued jointly on November 9, 2007, by the Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC), Office of Thrift Supervision (OTS), and Federal Trade Commission (FTC). The rules require financial institutions and creditors to develop and implement written Identity Theft Prevention Programs and require issuers of credit cards and debit cards to assess the validity of notifications of changes of address. The rules also provide guidance for users of consumer reports regarding reasonable policies and procedures to employ when consumer reporting agencies send them notices of address discrepancy. The agencies' staff have jointly developed answers to these FAQs to provide guidance on numerous aspects of the rules, including which types of entities and accounts are covered; establishment and administration of an Identity Theft Prevention Program; address validation requirements applicable to card issuers; and the obligations of users of consumer reports upon receiving a notice of address discrepancy.

The Federal Trade Commission had some sharp words for Internet advertising companies Thursday, saying that they simply are not disclosing how they collect information about users well enough. And the agency threatened that the industry had better get its act together - or else. Or else what? Well, that's a bit harder. The commission has limited ability to issue binding regulations on advertising practices, and the process is cumbersome. But if the agency were to say that its attempt over the last few years to have Internet companies voluntarily bolster their privacy standards has failed, it could encourage Congress to pass online privacy legislation. Indeed, two members of the commission - Pamela Jones Harbour, an independent, and Jon Leibowitz, a Democrat - issued statements saying that while they support the commission's action, they hope for further regulation and possibly legislation on the issue. What the commission issued Thursday was the final version of its principles for online behavioral advertising - that is, ads shown to you based on something you did in the past. The agency issued its first draft of these at the end of 2007 and spent more than a year digesting comments. These principles were meant to spur various Internet groups to create self-regulatory standards for their members. And one group, the Network Advertising Initiative, did publish new rules. The top recommendation was that users should be given clear notice about what information was collected and an easy way to tell sites to stop watching them. "What we observe is that, with rare exception, is not the rule for any Web sites," said Eileen Harrington, the acting director of the commission's bureau of consumer protection, in an interview Thursday. "It is far more commonplace to put the information in the midst of lengthy and hard-to-understand privacy policies."

The Federal Trade Commission today announced that it has approved a Federal Register notice seeking public comment on a proposed rule that would require entities to notify consumers when the security of their electronic health information is breached. The American Recovery and Reinvestment Act of 2009 (the Recovery Act) includes provisions to advance the use of health information technology and, at the same time, strengthen privacy and security protections for health information. Among other things, the Recovery Act recognizes that there are new types of Web-based entities that collect or handle consumers' sensitive health information. Some of these entities offer personal health records, which consumers can use as an electronic, individually controlled repository for their medical information. Others provide online applications through which consumers can track and manage different kinds of information in their personal health records. For example, consumers can connect a device such as a pedometer to their computers and upload miles traveled, heart rate, and other data into their personal health records. These innovations have the potential to provide numerous benefits for consumers, which can only be realized if they have confidence that the security and confidentiality of their health information will be maintained. To address these issues, the Recovery Act requires the Department of Health and Human Services to conduct a study and report, in consultation with the FTC, on potential privacy, security, and breach notification requirements for vendors of personal health records and related entities. This study and report must be completed by February 2010. In the interim, the Act requires the Commission to issue a temporary rule requiring these entities to notify consumers if the security of their health information is breached. The proposed rule the Commission is announcing today is the first step in implementing this requirement. In keeping with the Recover

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One of the nation's largest time-share companies is going to be shelling out nearly a $1 million for making phone calls to people on the national "Do Not Call" list, federal regulators said Tuesday. Westgate Resorts, based in Orlando, Fla., was named in a complaint filed on behalf of the Federal Trade Commission. The agency alleged that Westgate and two other companies placed thousands of telemarketing calls to people on the list. The FTC says Westgate has agreed to pay $900,000 to settle the charges. The commission on Tuesday also announced a $275,000 settlement with another Florida-based travel company, Accumen Management Services Inc., and its subsidiary, All in One Vacation Club, LLC. The company made telemarketing calls to consumers who had filled out entry forms for a sweepstakes to win vacation packages. Many of those called, the FTC said, were on the Do Not Call registry and did not agree to receive the telemarketing pitches for timeshares and vacation getaways. In the case of Westgate, the agency received several thousand complaints from consumers. The commission said Westgate bought phone numbers from an Internet-based lead generator that collected contact information in connection with offerings on its Brandarama.com web site. The two other companies named in the Westgate complaint are: Central Florida Investments Inc., and CFI Sales and Marketing, LLC., which both did telemarketing for Westgate. The combined fines of $1.17 million will go to the U.S. Treasury. Calls to Westgate and Accumen seeking comment were not immediately returned. The latest enforcement actions bring to 40 the number of Do Not Call cases the government has filed against companies since the registry began in June 2003. The biggest case to date involved satellite television provider DirecTV Inc., which paid a $5.3 million settlement. More than 167 million phone numbers have been placed on the Do Not Call registry.

Mary Kay Hoal tried everything she could to keep her daughter off of MySpace. She put password locks on the computer and blocked the site. Still, her daughter found ways to log on. Hoal's concerns stemmed from statistics that showed 29,000 registered sex offenders were on MySpace, one out of every five kids are sexually solicited online, and nine out of ten children are exposed to pornography online. When she looked for alternative safe sites for kids, she found none, so she decided to do something about it. Story continues below ↓advertisement | your ad here Click Here! The result is www.yoursphere.com, the only social networking site for kids and teens that's backed by the Federal Trade Commission through the site's Privacy Vaults approval. The site's Chief Technology officer worked at the California Department of Justice tracking anonymous online sex offenders, as well as the Megan's Law database. Moreover, it requires verified parental consent for a minor to join. Other features include: -- Requires verifiable parental consent to join -- Confirms the identity of the parent providing consent -- Confirms that the parent or guardian providing consent is not a registered sex offender -- Is exclusively for kids and teens through age 18. -- Exceeds COPPA (Children's Online Privacy Protection Act) and Federal Trade Commission (FTC) guidelines for protecting kids online through our approval by Privacy Vaults Inc. -- Whose policy is "no creepers allowed" -- lurkers are removed and banned. -- No fake profiles. (No one is anonymous on Yoursphere.com) "The bottom line is that we're the only place in the online world that that has taken extraordinary measures to help ensure the safety of its members and meets or exceeds standards set by the government," Hoal said. "Our opinion is that if it's a behavior that is illegal, immoral or unacceptable offline, then it's unacceptable online." About Mary Kay Hoal After researching the disturbing la

Last week, the government took another step toward closing a legal loophole in federal privacy and security rules for emerging Health 2.0 information technology applications by issuing proposed rules aimed at covering an estimated 900 companies and organizations offering personal health records and electronic systems connected to them. The Federal Trade Commission was careful to point out its new interim proposed rule on federal breach notification requirements for the developers of electronic PHR systems did not apply to covered organizations or their business associates as defined by the Health Insurance Portability and Accountability Act of 1996, heretofore the key federal privacy and security regulation. The FTC, operating under new authority given it by the American Recovery and Reinvestment Act of 2009, noted that its new rule seeks to cover previously unregulated entities that are part of a Health 2.0 product mix. FTC staff estimates that about 200 PHR vendors, another 500 related entities and 200 third-party service providers will be subject to the new breach notification rule. The staffers estimate that the 900 affected companies and organizations, on average, will experience 11 breaches each per year at a total cost of about $1 million per group, per year. Costs include investigating the breach, notifying consumers and establishing toll-free numbers for explaining the breaches and providing additional information to consumers. Pam Dixon, founder and executive director of the World Privacy Forum, said that this isn't the first involvement of the FTC in healthcare-related regulation, noting the consumer protection agency joined with the Food and Drug Administration in a joint statement on the marketing of direct-to-consumer genetic tests. The FTC also has worked in the field of healthcare competition. She noted the compliance deadline with the FTC's "red flag rules" on provider organizations that provide consumer credit to patients for installment payment

Beware of web sites offering free money Iain Thomson in San Francisco vnunet.com, 04 Mar 2009 The Federal Trade Commission (FTC) is warning of a rash of online scams offering payouts under the economic stimulus plan passed by Congress. Businesses and individuals are being targeted by the scammers using web sites and emails, the organisation warned. Recipients are typically offered 'grants' from the government, and must either surrender bank details to get the funds or make a small payment. Advertisement"Web sites may advertise that they can help you get money from the stimulus fund. Many use deceptive names or images of president Obama and vice president Biden to suggest that they are legitimate. They are not," said Eileen Harrington, acting director of the FTC's Bureau of Consumer Protection. "Don't fall for it. If you do, you'll get scammed." Several variants have also been discovered that use malware to steal important data. These include pages that purport to offer links to sites that show how to get the federal funds. The pages are loaded with malware that can penetrate an improperly patched browser. "Consumers who may already have fallen for these scams should carefully check their credit card bills for unauthorised charges, and report the scam to the FTC," said Harrington.

Last month, the digital advertising industry's use of behaviorally targeted advertising gained a reprieve of sorts when the Federal Trade Commission issued a final report confirming its earlier support of self-regulation. But some commission members remained concerned about ads that are shown to Web users based on their previous online activities, and in particular the possibility of violations of online privacy. Some form of legal restrictions may be imposed on the industry, the FTC indicated, if the online ad industry isn't up to the task of regulating itself. "Privacy is definitely the biggest concern today," said Joe Apprendi, CEO of Collective Media, an online advertising network based in New York. "There has been the concern that through such approaches as deep-packet technology, companies can leverage information through subscriber-based providers to marry anonymous behavioral segment data and identify real people. "The fact is, online advertising is subject to a higher standard that offline direct marketing tactics," Apprendi said. The FTC report, "Self-Regulatory Principles for Online Behavioral Advertising," continues to advocate voluntary industry self-regulation, in keeping with its principles governing online behavioral advertising issued at the end of 2007, despite the urgings of consumer advocacy groups that it impose rules regulating online advertising. The commission's new guidelines are based on four principles: * Transparency and consumer control. The commission advises that Web sites that collect data for behavioral advertising provide "a clear, concise, consumer-friendly and prominent statement" that the data are being collected to provide ads tailored to the user's interests and that the user has an easy and obvious way to choose whether to allow this. * Security for data retention. Companies that collect data for behavioral advertising should provide "reasonable" protection of that information and reta

Online ad industry will probably continue to be a hot-button if FTC Commissioner Jon Leibowitz is named chairman. The Federal Trade Commission may strengthen its focus on online advertising and privacy if, as is expected, current FTC Commissioner Jon Leibowitz is named chairman of the agency. "He would certainly keep privacy and online advertising as a focus of the FTC, so I think [his potential appointment] does matter," said Mike Zaneis, VP of public policy at the Internet Advertising Bureau. Reports indicate Leibowitz will be named as head of the commission, replacing William Kovacic. Kovacic replaced former Chairman Deborah Platt Majoras in March 2008, when she left to join the private sector as VP and general counsel of Procter & Gamble. "A kind of privacy switch is going to go on at the FTC [once the new chairman is named] and they're going to engage in this issue in a much more serious way," said Center for Digital Democracy Executive Director Jeff Chester. "Under a Leibowitz regime we would get the kind of serious industry analysis that so far has been lacking from the Bush era approach." "Leibowitz has been a leader on privacy issues," said Zaneis, who expects a Leibowitz-run FTC to continue along the agency's current path of pushing for industry self-regulation, rather than creating new regulations for online advertisers. As a commissioner, Leibowitz, a Democrat, has not ruled out FTC regulation of things like behavioral targeting. During a two-day FTC forum held in Washington, D.C. in 2007, Leibowitz noted, "The marketplace alone may not be able to solve all problems inherent in behavioral marketing." He revealed his sense of humor, adding, "If we see problems...the commission won't hesitate to bring cases, or even break thumbs."

On November 1 and 2, 2007, the Federal Trade Commission will host a Town Hall entitled "Ehavioral Advertising: Tracking, Targeting, and Technology." The event will bring together consumer advocates, industry representatives, technology experts, and academics to address consumer protection issues raised by the practice of tracking consumers' activities online to target advertising - or "behavioral advertising." The Town Hall is a follow-on to a dialogue on behavioral advertising that emerged at a November 2006 FTC forum, "Tech-Ade," which examined the key technological and business developments that will shape consumers' core experiences in the coming ten years. In addition, several consumer privacy advocates, as well as the State of New York, recently sent letters to the FTC asking it to examine the effects of behavioral advertising on consumer privacy. The Town Hall will explore how the online advertising market, and specifically behavioral advertising, has changed in recent years, and what changes are anticipated over the next five years. Among other things, it will examine what types of consumer data are collected, how such data are used, what protections are provided for that data, and the costs and benefits of behavioral advertising to consumers. The Town Hall will also address what companies are disclosing to consumers and what consumers understand about the online collection of their information for use in advertising. In addition, the Town Hall will look at what regulatory and self-regulatory measures currently govern the practices related to online behavioral advertising, as well as anticipated changes in the behavioral advertising space in the future. The Commission invites interested parties to submit requests to be panelists and to recommend other topics for discussion. The requests should be submitted electronically to behavioraladvertising_requests@ftc.gov by September 14, 2007. The Commission asks interested parties to include a stat

A consumer reporting agency that failed to properly screen prospective customers and, as a result, sold at least 318 credit reports to identity thieves, has agreed to settle Federal Trade Commission charges that it violated federal law. Under the settlement, the company and its principal must ensure that they provide credit reports only to legitimate businesses for lawful purposes, use a comprehensive information security program, and obtain independent audits every other year for 20 years. The settlement also imposes a $500,000 penalty but suspends payment due to the defendants' inability to pay. According to the FTC, the defendants use sensitive financial data from other consumer reporting agencies to create reports that landlords use to assess potential renters. These reports contain consumers' names, Social Security numbers, birth dates, bank and credit card account numbers, credit histories, and other personal information. The Commission alleges that the company failed to properly screen new customers. The company allegedly requested only publicly-available information from applicants seeking credit reports, and it did not request supporting documentation to establish that an applicant was actually a landlord renting property. As a result, identity thieves posing as property owners were given an account with unlimited online access to credit reports, and the account was used to access at least 318 reports containing sensitive personal information. The FTC charged the defendants with violating the Fair Credit Reporting Act (FCRA) by furnishing credit reports to persons who did not have a permissible purpose to obtain them, and by failing to maintain reasonable procedures to prevent such impermissible disclosures and to verify their customers' identities and how they intended to use the information. The agency also charged them with violating the FTC Act by failing to employ reasonable and appropriate security measures to protect sensitive consumer inform

The key points of the plan closely mirror recommendations offered late last year by a bipartisan commission of computer security experts, which urged then president-elect Obama to set up a high-level post to tackle cyber security, consider new regulations to combat cyber crime and shore up the security of the nation's most sensitive computer networks. The strategy, as outlined in a broader policy document on homeland security priorities posted on the Whitehouse.gov Web site Wednesday, states the following goals: * Strengthen Federal Leadership on Cyber Security: Declare the cyber infrastructure a strategic asset and establish the position of national cyber advisor who will report directly to the president and will be responsible for coordinating federal agency efforts and development of national cyber policy. * Initiate a Safe Computing R&D Effort and Harden our Nation's Cyber Infrastructure: Support an initiative to develop next-generation secure computers and networking for national security applications. Work with industry and academia to develop and deploy a new generation of secure hardware and software for our critical cyber infrastructure. * Protect the IT Infrastructure That Keeps America's Economy Safe: Work with the private sector to establish tough new standards for cyber security and physical resilience. * Prevent Corporate Cyber-Espionage: Work with industry to develop the systems necessary to protect our nation's trade secrets and our research and development. Innovations in software, engineering, pharmaceuticals and other fields are being stolen online from U.S. businesses at an alarming rate. * Develop a Cyber Crime Strategy to Minimize the Opportunities for Criminal Profit: Shut down the mechanisms used to transmit criminal profits by shutting down untraceable Internet payment schemes. Initiate a grant and training program to provide federal, state, and local law enforcement agencies the tools they need to detect and prosecute cyber crime. *

Anatomy of a Data Breach Investigation: Alain Sheer, FTC Attorney February 17, 2009 The Heartland Payment Systems data breach is on everyone's mind, and the case is in the hands now of the Federal Trade Commission (FTC) if it chooses to investigate. While the FTC will neither confirm nor deny a Heartland investigation, staff attorney Alain Sheer does offer his insight on: How the FTC investigates data breaches like Heartland's; The timeline and milestones of such an investigation; Details of the CardSystems data breach - which closely resembles Heartland's.

"A privacy watchdog's criticisms of Facebook appear to have captured the attention of the Federal Trade Commission. In a letter dated Jan. 14, David Vladeck, head of the FTC's Bureau of Consumer Protection, told the Electronic Privacy Information Center that its complaint about recent privacy changes at Facebook "raises issues of particular interest for us at this time." Vladeck added that he has asked an official to arrange a followup meeting with EPIC, but also said he can't currently confirm or deny whether the FTC has opened an investigation. FTC investigations are not public until the agency either issues a complaint or closes the matter. The FTC's consumer protection chief also said in his letter to EPIC that the commission plans to focus on privacy issues raised by social networks at the next roundtable, scheduled to be held in Berkeley, Calif. on Jan. 28. "

FTC may investigate privacy issues on FaceBook? Equal bang for the buck by identifying and educating users who post way too much personal information.