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Raises some realistic questions about the American approach to privacy law & regulation. Unfortunately, the article tends to point at the misapplication of laws more heavily than offering the reader an account of the abuses that led us to where we are now. Businesses & government, including the medical industry, freely shared details - or spied on Americans with impunity for decades. The article reminds us that work needs to continue to balance our approach. A Federal law, that sets a floor for privacy requirements, could help reduce conflicting requirements caused by almost every state writing seperate laws because there was a lack of leadership from Washington. American privacy regulations are implemented sectorally - at the industry or State level for example. This leads to many different, and conflicting laws. Privacy is a difficult subject with complex considerations touching aspects of life that have not been questioned for years. This article provides more con than balance, but it reminds us that extreme positions rarely serve anyone well.

Special interest groups and lawyers claim they are defenders of individual privacy. But all that red tape is causing more harm to consumers than good. In a world of tight budgets and sacrificed programs, one sector has continued to grow with the speed and choking effectiveness of kudzu: regulations around privacy. More than 300 privacy-related laws are on the books, in both Washington, D.C. and state capitals. Privacy-related consulting services provided by law and accounting firms are a $500-million-a-year business and have been growing at double digits.

Maintaining privacy is on many people's minds these days, but sometimes that's the last thing they do. Allegations last week that two British tabloids, The Sun and The News of the World, had employed high-technology snoops to listen in on the mobile phone messages of public figures highlighted fears of what can happen when digital data fall into dubious hands. The reports came only days after another privacy debacle, this one self-inflicted. Photos and family information about Sir John Sawers, soon to be Britain's chief spy, appeared in another newspaper, The Mail on Sunday, after his wife posted them on Facebook. While attitudes toward privacy can appear paradoxical, the seeming contradiction is really about something else: control. When people bare their bodies on Facebook or their souls in the digital confessional of Google's search engine, they feel as if they are in charge. Not so, when the private embarrassments come to light unexpectedly.

Facebook has agreed to make changes to better protect users' personal information on the social networking site and comply with Canadian privacy laws within one year, Canada's privacy commissioner said Thursday. "These changes mean that the privacy of 200 million Facebook users in Canada and around the world will be far better protected," said privacy commissioner Jennifer Stoddart.

Since Obama's landmark speech on cybersecurity in May, his administration hasn't revealed much about its long-percolating plans to shore up the government's defenses against hackers and cyberspies. But privacy advocates monitoring the initiative are already raising concerns about what they know and what they don't: the details that have trickled out--including the involvement of the National Security Agency--and the veil of classified information that still covers much of the multibillion-dollar project. "It feels like the Bush administration all over again," says Pam Dixon, executive director of the World Privacy Forum. "Not enough people know the details about these programs to have a good public discussion. We all want good security of government systems, but you have to balance the cloak and dagger elements with civil liberties."

Everywhere you look (even here at Ars), there are articles about people making poor decisions about what kinds of info and how much to share on sites like Facebook. The Internet is no longer a place where you can hide out easily-friends, family, and employers are all lurking, reading your embarrassing status updates and checking up on those drunken pictures from last week. And that's just the beginning-the world of social networking is a feeding ground for identity thieves and stalkers, too. But it doesn't have to be that way. Many users are aware that Facebook has numerous privacy controls, for example, but even the most experienced Facebook users often don't know just how much they can control who sees what. For instance, did you know that you can specify...

There is no simple technology solution to protect children from bullying, pornography, sexual predation and other online threats, a new study says. The highly anticipated report -- results of a year-long study ordered by 49 state attorneys general -- found that "a combination of technologies, in concert with parental oversight, education, social services, law enforcement, and sound policies by social-network sites and service providers, may assist in addressing specific problems that minors face online," according to a draft of the report reviewed by The Wall Street Journal. The report also found that the risks that minors face on the Web -- notably bullying and harassment by peers -- aren't very different from those they face in the real world. The report is scheduled to be issued Wednesday by the Internet Safety Technical Task Force, led by Harvard University's Berkman Center for Internet and Society. Task-force members included representatives of several top Internet and security companies, including News Corp.'s MySpace, Google Inc., Time Warner Inc.'s AOL and Facebook Inc. (News Corp. also publishes the Journal.) The 278-page report is a boon for the Web companies, which have long argued that technology isn't the sole solution to the dangers kids face online. It is a disappointment for those in favor of stricter technological controls, such as age-verification and filtering tools.

Yesterday, CBC radio's morning show, the current, featured Lessons From The Identity Trail co-author, Ian Kerr, who discussed the book and a number of contemporary challenges that privacy faces in light of emerging technologies with guest host, Nancy Wilson. Below is the the text of Nancy Wilson's introduction and a link to the podcast of the full length interview in segment #3 of the show. To some people the Internet is the world's biggest commons ... a global public square. For others, it's a realm of shadowy, anonymous figures hiding behind online aliases. But anonymity is becoming less and less a feature of life online. We aired a clip with one perspective on that trend, posted last May on the website, Mobuzz.tv. Taking responsibility for your actions on line may be just one way you relinquish privacy. Every day, millions of Canadians hop on the Internet to check their e-mail, chat with their friends on social networking sites, book a vacation or buy a gift. And each time they click on a purchase or post a picture, they give up a little bit of their privacy. With this explosion of information technology - there are those who warn that our anonymity and our right to privacy is in jeopardy. That's the premise of a new book called On The Identity Trail: Anonymity, Privacy and Identity in a Networked Society. Academics, governments and private corporations around the world contributed to the book, which examines how technology is changing the nature of our private lives, and what it means to be "anonymous."

Point by Marcus Ranum THERE'S AN OLD SAYING, "Sometimes things have to get a lot worse before they can get better." If that's true, then breach notification laws offer the chance of eventual improvements in security, years hence. For now? They're a huge distraction that has more to do with butt-covering and paperwork than improving systems security. Somehow, the security world has managed to ignore the effect voluntary (?) notification and notification laws have had in other fields-namely, none.We regularly get bank disclosure statements, stock plan announcements, HIPAA disclosures, etc.-and they all go immediately in the wastebasket, unread.When I got my personal information breach notification from the Department of Veterans Affairs, it went in the trash too. Counterpoint by Bruce Schneier THERE ARE THREE REASONS for breach notification laws. One, it's common politeness that when you lose something of someone else's, you tell him. The prevailing corporate attitude before the law-"They won't notice, and if they do notice they won't know it's us, so we are better off keeping quiet about the whole thing"-is just wrong. Two, it provides statistics to security researchers as to how pervasive the problem really is. And three, it forces companies to improve their security. That last point needs a bit of explanation. The problem with companies protecting your data is that it isn't in their financial best interest to do so. That is, the companies are responsible for protecting your data, but bear none of the costs if your data is compromised. You suffer the harm, but you have no control-or even knowledge- of the company's security practices. The idea behind such laws, and how they were sold to legislators, is that they would increase the cost-both in bad publicity and the actual notification-of security breaches, motivating companies to spend more to prevent them. In economic terms, the law reduces the externalities and forces companies to deal with the true costs of

You can't ignore the presence and usage of all the myriad forms of instant messaging, social networking and blogging. The millennial generation won't thrive in companies where Facebook is banned or texting is frowned upon. They think and work so differently from their baby boomer managers that generational clashes are inevitable. The Security Executive Council and CXO Media, producer of CSO Perspectives and CSO magazine, are partnering to probe attitudes toward collaborative technologies like IM and social networking. By participating you will receive a research report based on this survey. Definition of web 2.0 apps: The term "Web 2.0" describes the changing trends in the use of World Wide Web technology and web design that aim to enhance creativity, communications, secure information sharing, collaboration and functionality of the web. Web 2.0 concepts have led to the development and evolution of web culture communities and hosted services, such as social-networking sites, video sharing sites, wikis, blogs, and folksonomies. (Wikipedia)

I. INTRODUCTION The globalization revolution is undeniably well underway. Some of the primary leaders of the revolution are the off-shoring outsourcers of the world in search of readily available talent at prices below what is available in the traditional geographical outsourcing centers. Certainly, U.S. companies seeking information technology resources--as well as those looking for human resources to support the ever-growing customer care requirements of their business--are at the forefront of the movement. Some of those companies are seeking their own solutions, but many have turned to business process outsourcing companies for assistance. Business process outsourcing is, generally speaking, the contracting of a specific business task to a third party service provider. Processes that are best suited to be outsourced are those that a company requires but does not depend upon to maintain its position in the marketplace. There are two primary categories of business process outsourcing. One category is commonly referred to as "back office outsourcing" which includes internal business functions such as billing or purchasing. The other category is commonly referred to as "front office outsourcing" which includes customer-related services such as marketing, customer contact management, and technical support. The globalization of business in general has resulted in the need for companies to be able to provide support to their customers in many different languages. At the same time, developments in technology have provided the ability for business process outsourcers to provide a cost effective global delivery platform. The convergence of the need for a portfolio of services to be sourced globally with the ability of business process outsourcers to do so on a cost effective basis has driven the outsourcers to geographic locations previously ignored by most business sectors. By many estimates, there are currently off-shore outsourcing vendors in more than 175 different

"Google's expanding its grasp on the Internet with a newly revealed DNS resolving service. Google Public DNS, announced Thursday on Google's blog, will offer you an alternative way to connect to Web sites. As with the launch of most Google services, people are starting to ask questions about what kind of data will be collected and how exactly it will be used. (Or, in more lay terms, "Is Google going to be evil?") Here are some straight-forward answers, straight from the source. "

"Barack Obama's consumer-friendly FCC is asking Verizon Wireless to explain why it recently doubled Early Termination Fees for its customers. The company has until Dec. 17 to explain "the rationale" behind the higher fees. The inquiry comes after Sen. Amy Klobuchar (D-Minn) introduced a bill that would curb the penalties customers are required to pay for early cancellation of a wireless contract. On Nov. 15, Verizon raised the early termination fee for "advanced devices" to $350, from $175 earlier. "

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

More preventable security failures predicted for 2010. Way to show value!

"The U.S. Supreme Court Monday will hear arguments for and against the constitutionality of the oversight board established to monitor public company financial activity as part of the Sarbanes-Oxley regulation. The Sarbanes-Oxley Act was created and enacted into law partly in response to corporate accounting scandals such as Enron and WorldCom. The regulatory standard set out to reduce such fraudulent financial activities and provide an oversight mechanism for public companies. Part of the law includes the establishment of the Public Company Accounting Oversight Board (PCAOB), which consists of five members appointed by the Securities and Exchange Commission (SEC). The arguments to be heard this week relate directly to the PCAOB. While set up to regulate financial accounting at companies, those opposed to the board's powers argue that because its members are not appointed by the president, the board's control is unconstitutional based on the country's tenets of three branches of government. The challengers to the law say that the PCAOB lacks the presidential control required for executive branch agencies because the five members are appointed by the SEC, which doesn't fall under presidential powers. As a private agency in essence, the PCAOB is able to act as a government authority, which the Free Enterprise Fund believes to be unconstitutional. "

"Despite concerns from some privacy groups and U.S. lawmakers about behavioral advertising, most large advertising networks generally comply with a set of privacy and data-handling standards adopted by the Network Advertising Initiative a year ago, the NAI said in a report released Wednesday." ...NAI, whose members include Google, Yahoo and Advertising.com, should be praised for doing a compliance report after skipping it for several years, said Ari Schwartz, vice president and chief operating officer CDT. However, the group should consider using a third party to audit compliance of its privacy guidelines, instead of having NAI staff do the audits, he said. In addition, while NAI members appear to be following most of the guidelines, some of the privacy safeguards are "weak," including the data retention standard, he said. "There's no maximum for data retention -- they just have to state what their data retention policy is," Schwartz added. The NAI report doesn't lessen the need for new privacy laws, Schwartz said. Several online advertising networks are not members of NAI, and the recent public pressure has led to the NAI updating 8-year-old guidelines last year and issuing a compliance report for the first time in several years, although the group had promised regular reports, he said. "It seems that when there's regulatory pressure, they actually do comply with what they said they were going to do," he said. "We certainly wouldn't want to see any regulatory pressure lifted."

Worth a read. The story changes quite a bit from the top to bottom of the story.

"A Concord, New Hampshire, financial services company is sending data breach notification letters to customers after discovering that shared passwords, set up to simplify administrative functions nearly 10 years ago, could have exposed the private data of 1.2 million customers."

Shared administrative passwords lead to privacy breach notification of 1.2 million customers. Nobody out there still using such bad process! Right?

"The cost of a data breach increased last year to $204 per compromised customer record, according to the Ponemon Institute's annual study. The average total cost of a data breach rose from $6.65 million in 2008 to $6.75 million in 2009. "

Cost of data breaches continue to increase while IT looks the other way.

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

Preventable data loss damages customer trust and corporate trust.

"Data broker ChoicePoint, the victim of a 2004 data breach affecting more than 160,000 U.S. residents, has agreed to strengthen its data security efforts and pay a fine for a second breach in 2008, the U.S. Federal Trade Commission said Monday. ChoicePoint, now a subsidiary of Reed Elsevier, will pay US$275,000 to resolve the newest FTC complaint. The FTC accused the company of failing to implement a comprehensive information security program to protect consumers' personal information, as required by the agency after the 2004 breach. The April 2008 breach compromised the personal data of 13,750 people, the FTC said in a press release. ChoicePoint turned off a "key" electronic security tool used to monitor access to one of its databases, and failed to detect that the security tool was turned off for four months, the FTC said. For a 30-day period, an unknown hacker conducted thousands of unauthorized searches of a ChoicePoint database containing sensitive consumer information, including Social Security numbers, the FTC said. After discovering the breach, the company notified the FTC. If the software tool had been working, ChoicePoint likely would have detected the intrusions "much earlier," the FTC said. "