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Late last month, the House passed an economic recovery package containing $20 billion for health information technology, which would require the Department of Health and Human Services to develop standards by 2010 for a nationwide system to exchange health data electronically. The version of the recovery package passed by the Senate yesterday contains slightly less funding for health information technology ("health IT"). But as Congress moves to reconcile the two stimulus packages, conservatives have begun attacking the health IT provisions, falsely claiming that they would lead to the government "telling the doctors what they can't and cannot treat, and on whom they can and cannot treat." The conservative misinformation campaign began on Monday with a Bloomberg "commentary" by Hudson Institute fellow Betsy McCaughey, which claimed that the legislation will have the government "monitor treatments" in order to "'guide' your doctor's decisions." McCaughey's imaginative misreading was quickly trumpeted by Rush Limbaugh and the Drudge Report, eventually ending up on Fox News, where McCaughey's opinion column was described as "a report." In one of the many Fox segments focused on the column, hosts Megyn Kelly and Bill Hemmer blindsided Sens. Arlen Specter (R-PA) and Jon Tester (D-MT) with McCaughey's false interpretation, causing them to promise that they would "get this provision clarified." On his radio show yesterday, Limbaugh credited himself for injecting the false story into the stimulus debate, saying that he "detailed it and now it's all over mainstream media."

A Microsoft-led group set up three years ago has backed away from its original goal of pushing for comprehensive U.S. privacy legislation. Originally, the Consumer Privacy Legislative Forum was set up to bring a diverse array of consumer companies, technology vendors and even advocacy groups together and help drive privacy legislation. But now the group has been renamed the Business Forum for Consumer Privacy and is instead being billed as "an organization focused on fostering innovation in consumer privacy governance," according to the group's new mission statement. The Forum has released a white paper at the International Association of Privacy Professionals conference held in Washington this week. "What the organization is doing is developing the framework that would make new governance possible," said Martin Abrams, an adviser to the Forum who is executive director with the Centre for Information Policy Leadership at Hunton & Williams, an international law firm. Two of the Forum's original members, Symantec and the Center for Democracy and Technology, say they have dropped out. Eastman Kodak has also dropped out, according to Abrams. He was not authorized to say who the current members are, but the group appears to include Microsoft, Hewlett-Packard, eBay and Google. U.S. consumers are covered by a patchwork of state and federal laws that are confusing for companies, and which often force consumers to work hard to protect their own data. Many of the Forum's members would like to change things, but it appears that coming up with legislative proposals was too much.

The U.S. government's director for cybersecurity resigned on Friday, criticizing the excessive role of the National Security Agency in countering threats to the country's computer systems. "He has tendered his resignation," Amy Kudwa, a Department of Homeland Security spokeswoman told Reuters. Former Silicon Valley entrepreneur Rod Beckstrom said in a resignation letter published by the Wall Street Journal it was a "bad strategy" to have the National Security Agency, which is part of the Department of Defense, play a major role in cybersecurity. Beckstrom headed the National Cybersecurity Center, which was created last March to coordinate all government cybersecurity efforts and answers to the Department of Homeland Security. Homeland Security said in a statement that it has a strong relationship with the NSA and continues to work closely with all of its partners to protect the country's cyber networks. Beckstrom wrote to Homeland Security Secretary Janet Napolitano on Thursday in his resignation letter that the NSA currently dominates most national cyber efforts. "While acknowledging the critical importance of NSA to our intelligence efforts, I believe this is a bad strategy on multiple grounds," he wrote in the letter posted by the Wall Street Journal on its website. National Security Agency officials could not immediately be reached for comment. Beckstrom said in his letter that the cybersecurity group did not receive adequate support to accomplish its role during the previous administration of President George W. Bush, which only provided the center with five weeks of funding in the last year. His resignation will be effective March 13, the letter said. The newspaper said the Obama administration was conducting a 60-day review of the cybersecurity program started by Bush last year to protect government networks.

Richard Acton-Maher of San Francisco was in nearby Berkeley last month and wanted to meet friends for lunch. Instead of making calls to see who was around, he looked at a digital map on his iPhone that plotted their locations. "One of my friends was also there," said Acton-Maher, 24, who used a service from a startup company called Loopt Inc. "I gave him a call and met him for lunch. It just enhances the communications tools that I already have." Google Inc., encouraged by people's willingness to share their personal lives on sites like Facebook, is betting more people like Acton-Maher will post their whereabouts online. The owner of the most popular search engine started a program this month called Latitude, seeking to compete with mobile networking services such as Loopt, Match2Blue, Whrrl and Limbo. Besides competition, Google's effort to turn mobile phones into tracking devices faces criticism from privacy advocates. Useful for friends and family, location data would also be valuable to the government, said Kevin Bankston, an attorney with the San Francisco-based Electronic Frontier Foundation, a not-for-profit organization focused on civil-liberties. "This is certainly valuable information to investigators and potentially to civil litigants," Bankston said. "This type of location information presents a very new sensitive data flow." Google says its privacy settings address such concerns. People using Google's mobile maps can opt not to use Latitude and choose whom they share their information with. The program also only stores the user's last known location, not a full history of their travels, said Steve Lee, a Google product manager. 'Ephemeral Data' While Google doesn't plan to store the data, the government could still go to court to ask for the company's help in tracking someone during an investigation, Bankston said.

Stunned applicants filling out immigration forms are now being warned their personal information can be shared with the RCMP, national security and intelligence agents, and even foreign cops. The immigrants, many who arrive here from brutal regimes, are being told that they must sign a consent form or their requests will not be dealt with by federal immigration officials. One form, which was obtained by Sun Media, said the data can be shared with the Canada Border Services Agency, RCMP, Canadian Security Intelligence Service and foreign police. TARGET FRIENDS The information can be used to target friends or family members of those who say negative things about their homelands, said Jamal Kaker, of the Afghan Association of Ontario. "This will impact a lot of immigrants in many communities," he said yesterday. "This is scary because the information will get back to Afghanistan in no time." Toronto lawyer Guidy Mamann said it can be deadly for immigrants who give information that may be negative to their governments and are then refused by Canada. "The rights of these immigrants are being trampled," Mamann said. "All this was done under the radar without an announcement." He said foreign police -- some working for the worst regimes -- will be able to find out where their nationals who fled to Canada live and allegations they have leveled against their homelands. "All this information will now be shared," Mamann said. "The lives of immigrants and some Canadian citizens will become an open book." SIGN FORMS He said Canadian citizens are affected if they sign forms to sponsor a spouse or loved ones. "It's another nail in the coffin for civil rights in Canada," Mamann said. "Negative information against governments will now be open for sharing." Toronto lawyer Mendel Green called the changes troubling. "This is a serious breach of our privacy laws," he said. "It appears to be an excess of authority. Big Brother wants to watch our visitors." Federal immig

January 26, 2009 - As a presidential candidate, Barack Obama made his position on abortion very clear. During his campaign, he stated that he would sign the Freedom of Choice Act and that he opposed restrictions on Partial Birth Abortions. Now as President, Obama used the 36th anniversary of the Supreme Court's Roe v. Wade decision to reiterate his quite extreme position. Obama made several statements about "ensuring that our daughters have the same rights and opportunities as our sons...." However, his key statement appears to demonstrate an utter misunderstanding of the legal aspects of abortion, was that government "should not intrude on our most private family matters." An Associated Press subheader put it as "the ruling legalizing abortion represented a broader principle that government should not intrude on private family matters." Obama seemingly fails to understand three things about the "right to privacy." First, in that as far as it has been applied to abortion and contraception (Griswold vs. Connecticut); it is not a principle about "family matters." It is a principle purely about individual choice. Under Roe, no one else in the "family" has any say about the abortion decision. If the woman is not married to the father of the baby, he is not "family" anyway. Second, the right to privacy is not absolute. Third and most important, that under Roe, the "right to privacy" is secondary to two considerations about the unborn child: whether or not the unborn child is a "person," or at least "potential life." For these last two, we can turn to Roe itself. The "Right to Privacy" The majority opinion of Roe admits that, "The Constitution does explicitly mention any right of privacy." Majority author Harry Blackmun cites various past court decisions which recognize personal rights that are "fundamental" or "implicit in the concept of ordered liberty." Since these private rights had been found to have extension to areas such as marriage, procreation, contraception

Hackers broke into the Federal Aviation Administration's computer system last week, accessing the names and national identification numbers of 45,000 employees and retirees, a union leader says. Tom Waters, president of American Federation of State, County and Municipal Employees Local 3290, said FAA officials briefed union leaders Monday about the security breach. FAA spokeswoman Laura Brown confirmed the agency's computers were hacked last week. Story continues below ↓advertisement | your ad here Waters said union leaders were told hackers gained access to two files. One file had the names and Social Security numbers of 45,000 employees and retirees on the FAA's rolls as of February 2006. Social Security is the U.S. government-directed pension system, and in the absence of a national identity card, other people's social security numbers can be used to steal identities for illicit purposes. Waters said the other file contained medical information that was encrypted. "These government systems should be the best in the world, and apparently they are able to be compromised," said Waters, an FAA contracts attorney. "Our information technology systems people need to take a long hard look at themselves and their capabilities. This is malpractice in their world." FAA officials told union leaders the incident was the first of its kind at the agency. But Waters said his union complained about three or four years ago about an incident in which employees received anti-union mail that used names and addresses that appeared to be generated from FAA computer files.

Current government rules do too little to protect the privacy of people's personal health information and also hinder the use of health data in medical research, a panel of experts reported on Wednesday. A committee of the Institute of Medicine, which provides advice to U.S. policymakers, urged Congress to take an entirely new approach to protecting personal health data in research. Federal standards for protecting privacy of personal health data under the Health Insurance Portability and Accountability Act of 1996, or HIPAA, are not doing the job, the panel said. Congress and the Obama administration are planning major changes this year to the U.S. health care system. Regarding the privacy rules, Congress should either start from scratch or thoroughly overall HIPAA's privacy provisions, the panel said. Better data security is needed, with greater use of encryption and other security techniques, the panel said. Encryption should be required for laptops, flash drives and other devices containing such data, it said. "Both privacy and health research are important. And we feel that we can strengthen privacy protections for people who participate in research while also allowing important research to proceed without unnecessary impediments," Dr. Bernard Lo of the University of California San Francisco, a member of the panel, told reporters. HIPAA governs how personally identifiable health information can be used and disclosed by health plans, health care providers and others. The intention is to protect personal health information while permitting the flow of information for health-related research and medical care. Lo said HIPAA has burdensome and confusing procedures for people to consent to have their health data used in medical research, dissuading people from taking part in such research.

(PDF) Information security is a critical consideration for any organization that depends on information systems and computer networks to carry out its mission or business. It is especially important for government agencies, where the public's trust is essential. The dramatic expansion in computer interconnectivity and the rapid increase in the use of the Internet are changing the way our government, the nation, and much of the world communicate and conduct business. Without proper safeguards, they also pose enormous risks that make it easier for individuals and groups with malicious intent to intrude into inadequately protected systems and use such access to obtain sensitive information, commit fraud, disrupt operations, or launch attacks against other computer systems and networks.

As I'm sure you know, former NSA analyst Russell Tice revealed that the agency spied on journalists and ordinary Americans - not just communications between the U.S. and overseas. Speaking on the Keith Olbermann show on MSNBC, Tice said: "The National Security Agency had access to all Americans' communications," he said. "Faxes, phone calls and their computer communications. … They monitored all communications." He made a further appearance on Olbermann Thursday (view above), in which he said that the NSA combined these illegal wiretaps with credit card and financial data. ""This [information] could sit there for ten years and then potentially it marries up with something else and ten years from now they get put on a no-fly list and they, of course, won't have a clue why," Tice said. "This is garnered from algorithms that have been put together to try to just dream-up scenarios that might be information that is associated with how a terrorist could operate," Tice said. "And once that information gets to the NSA, and they start to put it through the filters there . . . and they start looking for word-recognition, if someone just talked about the daily news and mentioned something about the Middle East they could easily be brought to the forefront of having that little flag put by their name that says 'potential terrorist'." Why were they monitoring reporters? New York Times reporter James Risen told Olbermann he thought it was a plot "to have a chilling effect on potential whistleblowers in the government to make them realize that there's a Big Brother out there that will get them if they step out of line."

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

In May 2008, the Office of the National Coordinator for Health Information Technology (ONC) awarded an approximately $450,000 contract to Booz Allen Hamilton to assess and evaluate the scope of the medical identity theft problem in the U.S. Medical Identity Theft Medical identity theft is a specific type of identity theft which occurs when a person uses someone else's personal health identifiable information, such as insurance information, Social Security Number, health care file, or medical records, without the individual's knowledge or consent to obtain medical goods or services, or to submit false claims for medical services. There is limited information available about the scope, depth, and breadth of medical identity theft. Dr. Robert Kolodner, National Coordinator for Health Information Technology, has noted that medical identity theft stories are being documented at an increasing rate, bringing to light serious financial, fraud, and patient care issues. ONC recognizes that health IT is an important tool to combat the threat of medical identity theft. We are seeking input from the public and other government agencies to better understand how health IT can be utilized to prevent and detect medical identity theft as well as build consumer trust in electronic health information exchange. ONC believes it is imperative to obtain a more comprehensive understanding of this issue from a variety of perspectives, and to create an open forum for dialogue to work proactively to address medical identity theft. Medical Identity Theft final report. The report summarizing health IT and medical identity theft issues raised at the town hall was completed January 15, 2009 and sets forth potential actions the Federal government and other stakeholders can undertake in working toward prevention, detection, and remediation of medical identify theft.

The federal government has a key role to play in researching and organizing a national response to the problem of medical identity theft, authors of a government-funded study have concluded. Patients, providers, payers and other members of the healthcare community also must join in the effort to combat a problem that is serious, although as yet its scope is not fully known, the report stated. Contractor Booz Allen Hamilton released the report last week. It represents the final phase of the $450,000 study funded last year by the Office of the National Coordinator at HHS. The study consisted of three parts, the first being to review existing knowledge about medical identity theft as well as policies and practices to prevent it. Those findings were included in a research paper on the subject released last October. The second phase involved a public meeting Oct. 15, 2008, the same day the paper was released, to "open a dialogue about medical identity theft within the healthcare industry. The final phase, the 26-page report, includes 31 "potential actions," which are recommendations that could form a national policy on medical identity theft. While medical identity theft "may be categorized as healthcare fraud," according to the report, "there are unique and important distinctions of medical identity theft that need to become more commonly understood to address this issue effectively." One difference, the report authors noted, is that the primary motive behind healthcare fraud "is most often monetary gain, such as when fraudulent providers bill for more expensive services than those rendered. However, medical identity theft tends to be focused on the use of someone else's information to gain goods, services and healthcare." IT could hurt, help Therefore, undetected medical identity theft poses medical risks to its victims, since their medical records may contain inaccurate and potentially harmful information that may cause them not to be con

Jan 15, 2009 There may be only a handful of days left in the Bush administration, but the brouhaha over White House e-mail retention policies promises to continue right up to the last day. A federal court yesterday extended a preservation order to ensure that the outgoing administration does everything it can to recover any missing White House e-mails. The White House IT staff now has five days to scour workstations for missing e-mail before administration data records are archived on Jan. 20. The ruling, by U.S. District Judge Henry Kennedy Jr., also orders staff of the Executive Office of the President (EOP) to relinquish any digital media that may contain e-mails from March 2003 and October 2005. The legal action is the latest resulting from a lawsuit filed in September 2007 by the National Security Archive against the EOP, seeking to preserve and restore White House e-mails it alleged were missing. "There is nothing like a deadline to clarify the issues," Tom Blanton, the National Security Archive's director, said in a statement. "The White House will complain about the last-minute challenge, but this is a records crisis of its own making." The Archive, an independent nongovernmental research institute based at George Washington University, is a repository of government records and does not receive U.S. government funding. The Citizens for Responsibility and Ethics in Washington (CREW), a left-wing public advocacy group, also filed suit, but its legal action was subsequently consolidated with the Archive's legal action, which is taking place in the U.S. District Court for the District of Columbia. Last May, the White House's top tech staffer acknowledged that three months of data were missing from backup tapes. In earlier testimony before a congressional committee, White House technical staff said millions of e-mails from the past eight years could potentially have been erased. Also yesterday, Magistrate Judge John M. Facciola held an emergency status con

It's unclear whether a report being prepared for President Barack Obama on federal information security preparedness will support recent calls for the creation of a new cybersecurity office within the White House, two lawmakers said last week. Instead, the report may recommend a more collaborative and cooperative strategy among federal agencies on the issue of cybersecurity without a single agency or department in charge, they said. Members of the U.S. House Cybersecurity Caucus met with Melissa Hathaway, acting senior director for cyberspace for the National Security Council and Homeland Security Council. Hathaway, who is conducting a 60-day review of federal cybersecurity preparedness on behalf of the president, Thursday presented a status report to members of the caucus. Speaking with reporters after the briefing, Rep. James Langevin (D-R.I.), co-chair of the caucus, and Rep. Yvette Clarke (D-N.Y.), chairwoman of a subcommittee within the Committee on Homeland Security, said it was unclear yet what Hathaway might recommend. Rather than "include another structure" within the White House, there may be a call for an increase in staffing within the White House Office of Management and Budget (OMB) in a bid to improve its current role of overseeing government cyberaffairs, said Langevin. Chances are "there will not be one king," he said. Langevin co-chaired a commission at the Center for Strategic and International Studies, a bipartisan think tank, that has called for the creation of a centralized cybersecurity office in the White House to be named the National Office for Cyberspace. The new office could combine the National Cyber Security Center (NCSC) and the Joint Interagency Cyber Task Force, two existing agencies that are handing cybersecurity today. The U.S. Government Accountability Office (GAO) has also called for a new office dedicated to cybersecurity within the White House. Calls have been prompted by what is perceived as the inability of the U.S. De

Privacy Issues and Education: Peter Kosmala, International Association of Privacy Professionals April 1, 2009 From the Heartland data breach to the new Massachusetts data protection law, privacy is the hot topic in business and government. In an exclusive interview, Peter Kosmala, assistant director of the International Association of Privacy Professionals (IAPP), discusses: The top privacy topics in business and government; How organizations are tackling these issues; The potential impact of state and federal privacy legislation; The value of the Certified Information Privacy Professional (CIPP) credential. Kosmala oversees product management for the IAPP with specific oversight of distance learning products, privacy certifications and industry awards programs. He also manages business development efforts between the IAPP and peer organizations in the information security, information auditing and legal compliance arenas as well as organizations based in the Asia-Pacific region. The IAPP, based in York, Maine, was founded in 2000 with a mission to define, promote and improve the privacy profession globally.

Should responsibility for defending against cyberattacks be moved from the Dept. of Homeland Security to the military? Air Force Gen. Kevin Chilton suggested as much at a Congressional hearing where he warned of U.S. vulnerability to cyberwarfar "across the spectrum." Such attacks "potentially threaten not only our military networks, but also our critical national networks," Chilton told a House Armed Services subcommittee, the Washington Post reported. As head of Strategic Command, the general isn't responsibel for defending civilian networks, just government computers. [Stratcom's responsibility is] "to operate and defend the military networks only and be prepared to attack in cyberspace when directed. I think the broader question is, who should best do this for the other parts of America, where we worry about defending power grids, our financial institutions, our telecommunications, our transportation networks, the networks that support them." Well, that's where the 60-day interagency overview of cybersecurity comes in. At the end of that, Chilton said, responsibility for protecting private sector networks may well fit under Stratcom's duties. So what impact in having the military at the center of cybersecurity? Importantly, it brings offensive ops into the defense game. And where the military is involved, can NSA be far behind? No. Operational control over both [offensive and defensive ops], Chilton said, has been delegated to Lt. Gen. Keith B. Alexander, the head of the National Security Agency. … NSA, according to Chilton, already has a role in information security, and the agency's support "has been instrumental in our efforts to operate and particularly to defend our networks," he said. Combining oversight of cyber defense and offense made sense, Chilton said, "because they're so interconnected. . . . As you consider offensive operations, you want to make sure your defense are up."

From the Heartland data breach to the new Massachusetts data protection law, privacy is the hot topic in business and government. In an exclusive interview, Peter Kosmala, assistant director of the International Association of Privacy Professionals (IAPP), discusses: The top privacy topics in business and government; How organizations are tackling these issues; The potential impact of state and federal privacy legislation; The value of the Certified Information Privacy Professional (CIPP) credential. Kosmala oversees product management for the IAPP with specific oversight of distance learning products, privacy certifications and industry awards programs. He also manages business development efforts between the IAPP and peer organizations in the information security, information auditing and legal compliance arenas as well as organizations based in the Asia-Pacific region. The IAPP, based in York, Maine, was founded in 2000 with a mission to define, promote and improve the privacy profession globally. Kosmala oversees product management for the IAPP with specific oversight of distance learning products, privacy certifications and industry awards programs. He also manages business development efforts between the IAPP and peer organizations in the information security, information auditing and legal compliance arenas as well as organizations based in the Asia-Pacific region. The IAPP, based in York, Maine, was founded in 2000 with a mission to define, promote and improve the privacy profession globally.

A 10-month cyberespionage investigation has found that 1,295 computers in 103 countries and belonging to international institutions have been spied on, with some circumstantial evidence suggesting China may be to blame. The 53-page report, released on Sunday, provides some of the most compelling evidence and detail of the efforts of politically-motivated hackers while raising questions about their ties with government-sanctioned cyberspying operations. It describes a network which researchers have called GhostNet, which primarily uses a malicious software program called gh0st RAT (Remote Access Tool) to steal sensitive documents, control Web cams and completely control infected computers. "GhostNet represents a network of compromised computers resident in high-value political, economic and media locations spread across numerous countries worldwide," said the report, written by analysts with the Information Warfare Monitor, a research project of the SecDev Group, a think tank, and the Munk Center for International Studies at the University of Toronto. "At the time of writing, these organizations are almost certainly oblivious to the compromised situation in which they find themselves." The analysts did say, however, they have no confirmation if the information obtained has ended up being valuable to the hackers or whether it has been commercially sold or passed on as intelligence. Although evidence shows that servers in China were collecting some of the sensitive data, the analysts were cautious about linking the spying to the Chinese government. Rather, China has a fifth of the world's Internet users, which may include hackers that have goals aligning with official Chinese political positions.

Federal authorities are investigating the loss of a computer hard drive containing a huge quantity of personal information from Bill Clinton's presidency in an apparent security breach at a National Archives record center, government officials said Tuesday. Government officials briefed on the matter said the breach, which was confirmed in April, involved the loss of a drive containing a terabyte of computerized data, which could include millions of individual pieces of information, including personal information about one of then Vice President Al Gore's three daughters. The missing information included Social Security numbers and home addresses of numerous people who visited or worked at the White House, along with other material related to security procedures used by the Secret Service at the White House in the Clinton years. The National Archives and Records Administration said Tuesday in a statement that the agency "takes very seriously the loss of an external hard drive that contained copies of electronic storage tapes from the executive office of the president of the Clinton administration."