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Cablevision Systems announced it will expand its addressable-advertising capabilities to be able to deliver TV spots based on an individual subscriber's demographic data to some 500,000 households across the New York metro area this summer. The half-million-homes deployment -- representing cable's largest with addressable advertising to date -- comes after an 18-month trial covering 100,000 households, in which Cablevision tested the targeted form advertising for its Optimum-branded services. According to Cablevision, the trial showed a "double-digit" lift in sales in areas that received the addressable ads compared with homes that did not. After building out to 500,000 households across multiple zones within the New York DMA, Cablevision ultimately expects to bring addressability to all of its 2.8 million digital TV subscribers. The expanded deployment includes unidentified "top national brands," represented by media agencies GroupM, Starcom MediaVest Group and Universal McCann. Cablevision said it already has placed addressable ads from outside advertisers, but it has not identified those customers publicly. Addressable advertising, considered a holy grail of advertising in combining broad reach with demographic targeting, is also a core part of the mission for Canoe Ventures, the joint venture of Cablevision and five other MSOs. But Canoe, at least initially, will provide targeting at the zone level not the household level. Independent of Canoe, Cablevision is moving ahead on several advanced-advertising initiatives. Earlier this week Cablevision and its Rainbow Media programming unit announced plans to offer interactive advertising products and applications to media buyers during this year's upfronts, which would be available in inventory on five Rainbow networks and be viewable to Cablevision digital cable subscribers. To deliver addressable advertising, Cablevision is using technology from Visible World, a New York-based company that works with more than

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.

U.S. law enforcement officials have expanded their DNA databases to include not only those convicted, but also those arrested but not yet tried. The New York Times reported Saturday the practice has drawn criticism from people who say offenders are presumed innocent. The newspaper said starting this month, the Federal Bureau of Investigation will join 15 states that collect DNA samples from those awaiting trial and will also collect DNA from detained immigrants. The FBI, which already has a DNA database of 6.7 million profiles, expects to add 1.2 million new entries by 2012. "DNA databases were built initially to deal with violent sexual crimes and homicides -- a very limited number of crimes," said Harry Levine, a professor of sociology at City University of New York. "Over time more and more crimes of decreasing severity have been added to the database. Cops and prosecutors like it because it gives everybody more information and creates a new suspect pool." Courts have generally upheld laws authorizing DNA collection from convicts and ex-convicts under supervised release, finding that criminal acts diminish privacy rights.

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At first glance, Chicago's latest crime-fighting strategy seems to be plucked from a Hollywood screenplay. Someone sees a thief dipping into a Salvation Army kettle in a crowd of shoppers on State Street and dials 911 from a cellphone. Within seconds, a video image of the caller's location is beamed onto a dispatcher's computer screen. An officer arrives and by police radio is directed to the suspect, whose description and precise location are conveyed by the dispatcher watching the video, leading to a quick arrest. That chain of events actually happened in the Loop in December, said Ray Orozco, the executive director of the Chicago Office of Emergency Management and Communications. "We can now immediately take a look at the crime scene if the 911 caller is in a location within 150 feet of one of our surveillance cameras, even before the first responders arrive," Mr. Orozco said. The technology, a computer-aided dispatch system, was paid for with a $6 million grant from the Department of Homeland Security. It has been in use since a trial run in December. "One of the best tools any big city can have is visual indicators like cameras, which can help save lives," Mr. Orozco said. In addition to the city's camera network, Mr. Orozco said, the new system can also connect to cameras at private sites like tourist attractions, office buildings and university campuses. Twenty private companies have agreed to take part in the program, a spokeswoman for Mr. Orozco said, and 17 more are expected to be added soon. Citing security concerns, the city would not say how many cameras were in the system. Mayor Richard M. Daley said this week that the integrated camera network would enhance regional security as well as fight street crime. Still, opponents of Mr. Daley's use of public surveillance cameras described the new system as a potential Big Brother intrusion on privacy rights. "If a 911 caller reports that someone left a backpack on the sidewalk, wil

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

In court papers filed Wednesday, former federal prosecutor Richard Convertino called reporter David Ashenfelter's invocation of the Fifth Amendment, in an attempt to keep from having to reveal his confidential sources, both "speculative" and "unreasonable." Convertino urged the federal district court in Michigan to sanction Ashenfelter and to require him to present further evidence as to why he should not be held in contempt for his refusal at a December deposition to reveal the confidential sources. For the past two years, Convertino has been seeking Ashenfelter's testimony in hopes of boosting his Privacy Act lawsuit against the Department of Justice. Convertino claims DOJ violated the law by leaking to the press details of an investigation into Convertino's conduct during a terrorism trial. At a deposition in December, after Judge Robert Cleland in the Eastern District of Michigan ruled twice that Ashenfelter is not protected by a First Amendment reporter's privilege, the reporter invoked the Fifth Amendment right against self-incrimination.

Enterprise employees frequently use social networking tools, most notably Web-based applications. It's no surprise more organizations are wondering what happens if social networking data becomes relevant to an e-discovery investigation. How does an enterprise go about discovering and assessing Web 2.0 data? How responsible is an organization, legally speaking, for the information that's out there in the Web 2.0 world? What risks arise from e-discovery as it relates to Web 2.0 data, and how can you mitigate them? In this tip, we will look at e-discovery as it relates to Web 2.0 and consider the strongest options for minimizing risks to the organization. E-discovery basics We begin with a quick look at what e-discovery is and how it can create risk. Essentially, e-discovery is the electronic extension of the legal process of discovery, which Wikipedia defines as "the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions." If you're an IT person, not a lawyer, it's important to note that the rules governing the discovery process now require plaintiffs to address all electronically stored information or ESI. In other words, if your organization faces litigation, it will have to deal with the issue of e-discovery, which will entail a whole lot more than turning over some old emails. Depending upon your role in the organization, the first you may hear of this is a "notice of litigation" with perhaps a "litigation hold directive" containing a "preservation directive." Here is a generic e-discovery request below. Apart from a few limiting factors, such as subject matter, named persons and a specified time period, the scope of such a notice is likely to be broad; blame standard procedure, not some high-powered attorney pushing his or her lu

On Monday, U.K.-based digital rights organization Open Rights Group submitted an open letter to major online media players, urging them to prevent ISP-level behavioral targeting firm Phorm from tracking user interactions on their Web sites. The letter, sent to Google, AOL, Microsoft, Facebook, Yahoo, Amazon and Ebay, said, "[ORG] believes that it is clearly in your company's interest, it is in the interests of all of your customers, and it will serve to protect your brand's reputation, if you insist that the Phorm/Webwise system does not process any data that passes to or from your website." "We have received the letter and are giving it careful consideration from privacy and business perspectives," a spokesperson for AOL and its social network Bebo told ClickZ News. Similarly, in reference to the ORG correspondence, a Google spokesperson told ClickZ, "We've received the ORG's letter, but we're still considering the points they raised, so we don't have a response to make at this time." According to information published on the British Telecom Web site (one of Phorm's ISP-partners,) site owners can specifically request that their properties are not "scanned" by Phorm's technology, by contacting the firm directly. Phorm announced deals with three major U.K. ISPs over a year ago, but its technology is still yet to be fully deployed. BT has, however, carried out live trials of the platform with some of its customers. Phorm's CEO, Kent Ertugrul, claims that BT will implement his company's technology by the end of the year, but BT itself remains less committed to that timeline. Both AOL and Google have vested interests in the behavioral targeting space, although not in the controversial area of deep packet inspection (DPI), in which Phorm's technology lies. AOL-owned Tacoda targets ads based on users' activity across a range of partner sites, but does not directly intercept ISP-data. Google also announced this month that it will begin testing similar behavioral targe

Online advertising firm Phorm is pressing ahead with plans to launch more than a year after it first drew criticism from some privacy advocates. Phorm executives will meet with members of the public on Tuesday, following a similar meeting in 2008. The service has proved controversial for some campaigners who believe it breaks UK data interception laws. The firm received clearance from the Home Office and police closed a file on BT trials of the technology. "We have been supported or endorsed by all of the leading stakeholders," Phorm chief executive Kent Ertugrul told BBC News. "Ofcom, the Information Commissioner's Office, the Home Office, leading privacy advocates like Simon Davies, the advertising industry and publishers have all backed our service," he said. He added: "We are very, very happy with where we are one year on." Trawling websites Phorm's system works by "trawling" websites visited by users whose ISPs have signed up to the service and for whom the technology is switched on, and then matches keywords from the content of the page to an anonymous profile. Users are then targeted with adverts that are more tailored to their interests on partner websites that have signed up to Phorm's technology.

On Wednesday, February 11, 2009, the Data Protection Working Party, an independent European advisory body on data protection and privacy, released its Working Document 1-2009 (.pdf) on pre-trial discovery for cross border civil litigation. The Working Document attempts to reconcile the tension between U.S. discovery rules and the European Union's Directive 95/46/EC (.pdf), which outlines the EU's privacy requirements. What follows is a summary of the Working Document and an analysis of how it begins to bridge the gap between U.S. discovery rules and the European privacy framework. The Working Document offers guidance to EU data controllers responding to U.S. discovery requests. As the Working Document explains, those controllers often find themselves in a bind. On the one hand, U.S. law allows for broad discovery, which may require a controller to provide, or "process," personal data of customers or employees. On the other hand, Article 7 of EU Directive 95/46 limits a member state's authority to process such data. Under Article 7, a member state may process personal data only if one of six identified grounds for processing applies. The Working Document considers the Article 7 grounds most likely to supply a legitimate basis for compliance with a discovery request - namely 1) consent, 2) necessary for compliance with a legal obligation, and 3) necessary for the purposes of a legitimate interest, where such interests are not "overridden by the interests for fundamental rights and freedoms of the data subject." Recognizing that the "interests of justice would be served by not unnecessarily limiting the ability of an organisation to act to promote or defend a legal right," the Working Document suggests that the third basis - necessary for the purposes of a legitimate interest - will often provide a ground for processing data in response to a U.S. discovery request.

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.

In a 4-to-3 ruling, the New York State Court of Appeals ruled on Tuesday that the State Police violated a criminal suspect's rights under the State Constitution when it placed a GPS tracking device inside the bumper of his van without obtaining a warrant. The police had used the device to monitor the movements of the suspect, Scott C. Weaver, for more than two months. But the court ordered the evidence gathered from the device suppressed and ordered a new trial for Mr. Weaver. In three written opinions, the judges on the court debated the constitutional issues raised by the growing use of global positioning system technology as a tool of surveillance. The case could set an important precedent for state and local police agencies.

Heartland Payment Systems CEO discusses breach, previews speech Not a week had passed after the announcement of what some have described as the largest data breach ever, when the CEO of Heartland Payment Systems, Robert Carr, began calling for better industry cooperation and new efforts directed at preventing future breaches. Recently, Carr announced that trials will begin late this summer on an end end-to-end encryption system Heartland is developing with technology partners. It is expected to be the first system of its kind in the U.S. The company is also pushing for an end-to-end encryption standard. At the upcoming Practical Privacy Series in Silicon Valley, Carr will discuss the Heartland breach and the role industry, including privacy professionals, must play to prevent future breaches. Here's a preview: IAPP: Many companies have experienced breaches. What made yours different? Ours was different because we are a processor and had passed six years of PCI audits with no problems found. Yet, within days of the most recent audit, the damage had begun. IAPP: Did you have a chief privacy office or a privacy professional on staff before your breach? Do you now? Ironically, when we learned of the Hannaford's breach, we hired a Chief Security Officer who started just three weeks before the breach began. IAPP: In the era of mandatory breach reporting, what is the trajectory of consumer reaction? As a processor it is difficult to really know this. Our customers are merchants who accept card payments. IAPP: Do you think consumers will become numb to breach notices? I believe that many are numb to so many intrusion notices. IAPP: Are breach notices good public policy? Do the notices provide an incentive for companies to change or improve practices? I don't think so. Nobody wants to get breached and the damage caused by a breach is sufficient reason for most of us to do everything we can to prevent them. IAPP: What has Heartland done differentl

A surprise legal maneuver by the defense in the Sarah Palin hacking case could undermine key charges carrying the stiffest potential penalties. A lawyer for the Tennessee college student charged with hacking into the Alaska governor's Yahoo e-mail account last year says his client couldn't have violated Palin's privacy because a judge had already declared her e-mails a matter of public record. "He's not suggesting that e-mail can't be private," says Mark Rasch, a former Justice Department cybercrime prosecutor. "He's saying this particular e-mail was not private or personal because of who she is and because it wasn't intimate communication. " Additionally, photos that 20-year-old David Kernell allegedly obtained of Palin and her family were not private since the Palins are "the subjects of untold numbers of photo-ops," the lawyer argued last week, in one of a slew of motions and memorandums attacking the government's four-count federal indictment against Kernell.

Creative lawyer. The kid is still stupid. To me, It says more that Palin didn't get in trouble for using a public web mail account for State business. The kid who reads her email is on trial? What a country.