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Eight years ago, a woman we'll call Sarah discovered that she was not biologically related to the father she had known all her life. Sarah, her mother revealed, was "donor-conceived." Her parents, after trying without success for a pregnancy of their own in the late 1970s, turned to a fertility center, where Sarah's mother was artificially inseminated with sperm from an anonymous donor. At the time sperm banks did not offer detailed donor profiles. Upon discovering the truth, Sarah was told what her parents had been told about her biological father: He was a medical student, possibly of Scandinavian ancestry. Sarah, who describes her family as "loving and stable," was shocked. Today she is also sick. A year before finding out about her conception, she began to experience severe, unexplained bladder problems. She has been seeing doctors at Johns Hopkins; so far they haven't figured out the cause. Recently married, Sarah worries that she may pass the illness on to future children. The medical history of her biological father could provide a crucial piece of the diagnostic puzzle. But in the early days of artificial insemination, clinics often shredded or burned files to ensure donor anonymity and client privacy. Sarah's father's identity may be locked away in storage somewhere, or it may have been destroyed. Although aware of the likely futility of her search, Sarah still continues-writing the clinic, nurses, her doctor-in the hope that someone can help. Faced with stories like this, the fertility industry and a few state governments are trying to come up with a way to ensure that future donor-conceived children will have access to their fathers' medical files. A national registry, for example, could allow banks to monitor how many times a man donates semen and how many children are born from his seed, to share updates about medical issues and to facilitate long-term research on health outcomes. But any such registry poses a threat to the p

The new year has come and gone on the Gregorian calendar. But the new year for legal technology is still in progress at LegalTech New York, where vendors are unveiling their new products and services and attendees are helping them celebrate. LegalTech attendees should revel in the number of vendor initiatives aimed at reducing e-discovery costs from acquisition to review and production. And, like last year, EDD vendors continue to design and manufacture their products for international litigation. But LegalTech is not all about e-discovery. There were still plenty of vendors with products outside the Electronic Data Reference Model. EDD PARTIES Readers should be aware that Index Engines can access and extract data from tape and tape libraries -- and can do so really fast. But now they can also extract data from network storage systems, file shares, forensic images and hard drives and still provide users a single point of access to it -- via a Web browser. Index Engines first indexes data on disparate resources. Once the index is compiled, data can be deduped, searched, reviewed and extracted on demand. Also note that Index Engines can now filter unwanted file types such as EXE, DLL, etc., during the indexing process to reduce the time it takes to review the data. Read LegalTech New York 2009 Coverage on Legal Blog Watch In preparation for the new year, Kazeon Systems introduced new pay-as-you-go pricing models that augment their current standard software licensing option and focus on case matters. Kazeon hopes the new pricing models allow customers to implement an e-discovery solution that does not require a major financial investment or lengthy rollout. Vendors are starting to "go left" of the EDRM to provide organizations a better view of the end of litigation via early case assessment tools. In fact, KPMG promoted the concept with a T-shirt emblazoned with "go left." Toward that end, Daticon EED announced the availability of its Early Case Assessment servic

The latest phishing scam on Facebook has raised the question yet again as to whether the social networking site is dropping the ball on security measures and properly responding to privacy complaints. Facebook faced consumer fraud charges was investigated by New York Attorney General Andrew Cuomo in 2007 for allegedly responding too slowly to user complaints about harassment, pornography, or nudity from the social networking site. As a result, Facebook agreed to settlement requirement requiring it to respond to such complaints within 24 hours. But in a recent string of phishing attacks in which hackers have broken into a user's Facebook account and hit up his or her friends for money with the online chat tool, pretending to be stranded or robbed, a complaint has emerged that the privacy team at Facebook hasn't responded to users in a timely manner. Mark Neely, a Sydney-based management consultant, became aware that his Facebook account was hacked when friends called him to see if he was all right - the hacker had contacted them via Facebook chat saying that Neely had been robbed at gunpoint in London and would need them to wire him money so he could return to Australia. Neely says he filled out two online complaint forms and e-mailed the privacy team at Facebook, but it took them more than 40 hours to respond to him. In the meantime, his friends continued to call him about being contacted by the hacker. Facebook spokesman Barry Schnitt disputes Neely's figure, saying it only took 30 hours to respond. "In this case, we have restored access to the account to the rightful owner, are identifying the means by which the account was compromised (likely malware), and building in technical protections in the Facebook system to address this particular type of scheme," Schnitt said

Exactly one week after the Heartland Payment Systems (HPY) breach was first announced to the public, the first lawsuit has been filed against the payments processor. The class action lawsuit filed Tuesday by Chimicles & Tilellis LLP of Haverford, PA in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Cooper, asserts that Heartland "made unreasonably belated and inaccurate statements concerning the breach." The complaint says Heartland does not appear to be offering any credit monitoring services or other relief to consumers affected by the breach. Chimicles & Tilellis' complaint also says in addition to the questionable timing of the announcement of its breach, (Read Heartland Class Action suit PDF) "there are materially misleading statements and omissions in Heartland's public description of the breach and its consequences." Heartland announced the breach in a press release on the same morning of President Barack Obama's inauguration. The law firm says it is suing on behalf of consumers whose sensitive financial information was compromised in the data breach at Heartland. The complaint raises a claim pursuant to the New Jersey Consumer Fraud Act, and asserts causes of action for negligence, breach of implied contract, breach of contracts to which Plaintiffs and Class members were intended third party beneficiaries, breach of fiduciary duty, and negligence. The payments processor did not disclose how many credit card account numbers were compromised as a result of the breach. Heartland is the fifth largest payment processor in the country and handles 100 million transactions per month for more than 250,000 small retailers, gas stations, restaurants and other small and midsized companies. The suit also states that Heartland only became aware of the breach after it was notified of patterns of fraudulent credit card activity by VISA and MasterCard. "Analysts have stated that the fact that Heartland did not detect th

On Monday two women from Fort Pierce were arrested for committing 300 different cases of Identity theft on the Treasure Coast and South Florida. The two women go by the names of Tychell Letrein Robinson, 33 and Patrice V. Johnson, 26. According to the Federal Trade Commission, in 2007 Florida took fifth place in nation with regards to the number of ID theft victims per 100,000 residents. The FTC also estimated that about 9 million Americans have their identities stolen every year. The Fort Pierce Police Department, the Port St. Lucie Police Department, the Sheriff's Office as well as the U.S. Postal Service worked together in a two year investigation in order to track down these two criminals. Law enforcement agencies discovered that the arrested had somehow managed to steal the personal information of several victims and open new accounts in their names. Authorities believe that the women bought a lot of their identifying information from accomplices. In a news conference on Monday afternoon, Sheriff Ken Mascara mentioned that criminal circles were well aware that the arrested would pay accomplices $50 in exchange for peoples sensitive information. Authorities discovered that the two women met while they were both under the employment of Liberty Medical. Apparently Robinson headed the criminal operation and taught Johnson all she needed to know with regards to making thousands of dollars every week through identity theft. The arrested managed to target victims in Florida from Orlando to Clearwater and even Palm Beach. The majority of victims were from St. Lucie County and the Treasure Coast. Unfortunately it is still not clear to law enforcements exactly how the women obtained all the stolen information. police.jpg It was in the early hours of Monday morning that the police arrived at the homes of the arrested with search warrants. Two vehicles, six computers and ledgers filled with victims sensitive information were confiscated by authorities, and the women w

In this expert videocast, you will learn about Web 2.0 software, the threats they pose, and whether the benefits outweigh the risks. Key areas covered include the threats posed by services like Facebook, MySpace, and LinkedIn, as well as wikis and blogs. Our expert also dives into particular attack vectors and scenarios that are becoming popular, defensive policy, and technology best practices and Web 2.0 trends to monitor going forward. Speaker David Sherry CISSP, CISM - CISO, Brown University As chief information security officer of Brown University, David Sherry is charged with the development and maintenance of Brown's information technology security strategy, IT policies and best practices, security training and awareness programs, as well as ongoing risk assessment and compliance tasks. Sherry has 20 years of experience in information technology. He most recently worked at Citizens Bank where he was vice president for enterprise identity and access management, providing leadership for compliance and security governance. He had also served as Citizens' vice president for enterprise information security, overseeing the company's security operations and controls. He has taught classes at colleges in both Massachusetts and Rhode Island, as well as spoken on identity management strategy and implementation at industry conferences. He holds undergraduate and graduate degrees in business management.

This year was an interesting year in privacy and information security, and by looking back, we can clearly discern trends that will likely be a major part of the security management landscape in 2009. More and more states passed breach-notification laws and several enhanced or extended existing legislation. Software-as-a-Service (SaaS) and virtualization really took off, and compliance's looming presence grew with PCI DSS version 1.2 and some actual enforcement of HIPAA. Of particular note was Massachusetts' data breach law 201 CMR 17.00: Standards for The Protection of Personal Information of Residents of the Commonwealth. This is to date the most comprehensive law of its kind, setting a new standard for what breach-notification laws should look like; it covers both paper and electronic records, it mandates appropriate security awareness training as well as security and risk assessments and, most importantly, requires companies to make changes to their security programs in accordance with the findings of those risk assessments. Similarly, California enhanced the well-known CA-1386 to include not just traditional financial information, but also health care and health insurance data as well. With new mandates popping up all the time, it's no wonder compliance was one of the biggest focus areas for enterprise information security teams in the past year, and this trend will clearly continue in 2009; there will be more regulation on both the state and federal levels, and stronger enforcement of existing regulations. Fines and other penalties for violations of PCI DSS and HIPAA will continue to rise, along with the inevitable rise in discoveries of malfeasance. As a result, there will be an even larger focus on compliance by upper management, which also means decreased time and budget for necessary security controls that don't clearly fall under a compliance umbrella.

Reports on Tuesday of a New Zealand man who purchased a secondhand MP3 player containing the personal information of U.S. soldiers highlighted the federal government's continuing inability to protect private information on unauthorized, third-party storage devices. New Zealander Chris Ogle bought a used MP3 player in Oklahoma about a year ago, according to New Zealand's public television station, ONE News. A few weeks ago, when he plugged the player into his computer to download a song, Ogle found 60 military files stored on the device, which included names, addresses, and phone and Social Security numbers of U.S. soldiers. The files also contained what appears to be a mission briefing and lists of equipment deployed to Iraq and Afghanistan. Most of the files are dated 2005. ONE News reported that some of the phone numbers on the player are still active. "The more I look at it, the more I see and the less I think I should be," Ogle told ONE News. Ogle offered to return the MP3 player to U.S. officials if requested. Privacy experts say the breach is just the latest example of the federal government's inability to manage the security risk posed by removable storage devices. In November the Defense Department banned the use of removable storage devices after reports that hardware that can be inserted into a USB drive could infect the computer with viruses and worms. A Pentagon spokesman said the military is aware of the latest report form New Zealand, but does not know of any action the department has taken. Michael Maloof, chief technology officer for the information security firm TriGeo Network Security in Post Falls, Idaho, said individuals do not view devices like MP3 players as computers that can store large amounts of private data. "Myself and security experts have been saying for some time that phones and MP3 players are really mass storage devices," he said. The military should "ban all mass storage devices. It may make some people unhappy, but you see the

In honor of this day, the California Office of Privacy Protection--the first governmental privacy office in the nation--has created a presentation which you can download from their Web site at www.privacy.ca.gov. It's called "Secure Your Computer to Protect Your Privacy," and it explains why computer owners should use Internet firewalls, install and maintain anti-virus and anti-spyware software, and keep their operating systems and applications up to date to protect themselves from malicious attacks. The state privacy office offers lots of other information on how Californians can protect themselves and their data. You can visit their Web site, call them toll-free at (866) 785-9663, or go Wednesday at 5:30 p.m. to the main San Francisco Public Library, where Joanne McNabb, the state's privacy chief, is scheduled to appear on a panel with representatives from Microsoft, Intel, the Center for Democracy and Technology, MySpace and Teen Angels. The panel is free and is part of an international effort to raise awareness about privacy practices and privacy rights

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

Profile Optimization True Story: I'm at a party a few months ago - not the usual raucous affair that us search and social media types get into but a full on wine and cheese extravaganza. The kind of shindig Republicans go to and then accuse Democrats of loving when they get up in front of a "Joe the Plumber" type crowd. But I digress… After far too much wine the discussion turned to crazy work environments and I naturally brought up the Fortress of Googletude and it's predilection for hallway scooter parking and riding. A fellow party-go-er who I'll call "Natasha" to protect her identity, nodded and said, 'Yes it's true, I've been there too!" This led to a long, room-clearing talk about search and social media, the kind of talk that true geeks engage in while their spouses go off to chat about politics and religion. Somewhere between bottles Natasha said to me "Have you seen Google People Search?" "Google what now?" I replied. She went on to describe an internally searchable database that the Google folks showed her of people sorted by interests and web habits, ready to be rolled out to advertisers at some point in the future. Thank goodness for the red wine clause in their NDA. Well the future arrived today, at least partially, with Google's announcement that behavioral targeting is being rolled out to the AdWords content network. As the Googlelords put it: "With interest-based advertising, you will be able to reach users based on your past interactions with them, such as their visits to your website. We'll also provide interest categories, such as "sports enthusiasts," so you can reach the audience of your choice. Whether your goal is to drive brand awareness or increase responses to your ads, these capabilities can help expand the success of your campaigns." This is a most effective riposte to the OPA's announcement of new, ludicrous banner ad standards - why futz around with annoying crap no-one will clic

Too many companies leave themselves vulnerable to employees' ignorance or purposeful flouting of the rules when it comes to information security, suggests a survey conducted by (ISC)2. Focused on the 'basics' of policy management, the survey revealed that organisations are becoming confident in their ability to comply with the policies and procedures set out to secure their organisations. Analysis of the results, however, reveal education efforts to be immature, with most concerns relating to accountability and company-wide understanding of what is required. The survey questioned 737 information security professionals last month about their organisation's efforts in policy and awareness management. A great majority, 80 percent, said their company's ability to comply with security policy was satisfactory, good or very good, leaving only 20 percent saying they were dissatisfied. However, this confident stance was tempered by concerns from nearly half of the respondents over a lack of training (48 percent) and poor employee understanding of policy (46 percent); a lack of defined accountability (42 percent); and an unsupportive company culture (48 percent). These obstacles to compliance with policy were cited by significantly more respondents than other issues of traditional concern, including a lack of budget, which only 22 percent were concerned about, and the ability to procure the latest technology, which concerned only 19 percent of respondents. "The challenges are shifting from the systems to the people," says John Colley, CISSP, managing director for EMEA (Europe, Middle East, Africa) for (ISC)2. "The relatively little concern expressed over budgets suggests security continues to be viewed as a business imperative, even in the current economic climate. Unfortunately, security requirements are not yet well understood, or worse flouted, often with management support, in order to get a job done. There is a colossal task ahead to ensure all emplo

Ignorant People are a big security risk.

Privacy & security are individual rights and responsibilities, not just corporate or governmental responsibilities. Reliance on technology is bound to fail without motivation for all involved to find mutual benefits.

Identity theft and security is always in the spotlight through the constant stream of news stories about companies losing confidential customer or client data, such as social security numbers, credit card numbers, health histories and so forth. These "breaking news" stories now seem to happen so frequently that we scarcely pay attention to them unless, of course, we are directly impacted by them. They have, however, heightened the public awareness and have even spawned new identity protection businesses. Information technology companies rightly react to this by developing new technologies to improve security and eagerly market these to CIOs as a way to protect the personal information of their customers and clients. While we should use these appropriately, we can't rely just on technology for identity protection. While some of these security incidents involve someone hacking into a system, many involve a human failing. Examples include a laptop with confidential information being lost or stolen and employees e-mailing sensitive data to their personal e-mail accounts so they can work on it from home.

Identity thieves are getting more clever and are increasingly using stolen information to get driver's licenses, employment and government assistance, according to a new report. The survey by the Identity Theft Resource Center also found that the greater awareness of this problem by the public has led to more people discovering they are victims themselves, through monitoring of their bank accounts and credit card statements. Typically, victims learned of their identity theft when they were denied a job or credit or were informed by law enforcement. "Most of our information is beyond our control," said Linda Foley, co-founder of the Identity Theft Resource Center, which surveys victims each year to see how identity theft is changing. "If a thief wants to get it, he will find a way to get it." The report covers the experiences of around 100 of the 1,500 people who were victimized in 2008 and contacted the center, a nonprofit that helps people recover from identity theft. Stolen personal information is now cheap - identities may sell on the black market for as little as 60 cents each - and thieves churn through them quickly to lower their chances of getting caught, Foley said. Rather than opening 10 or 20 credit card accounts in a victim's name, they now open two or three, charge as much as they can and move on to the next person. This raises the cost of identity theft to businesses, whose average loss to fraud nearly doubled last year to $90,107, up from $48,941 the year before.

Is it time for Web publishers and their users to have the privacy talk? At most Web sites, privacy policies are ridiculously long and convoluted scrolls of legalese that only a hearty privacy watchdog would read. For most users it remains a mystery just how publishers collect, use and share the data trails consumers leave behind while traversing a site. But publishers now are partnering more deeply with third party ad networks who plant their own cookies in their users' browsers and hit them again with ads out on their own networks with other publishers. How should a site broach the topic of privacy and ownership of data with its own customers? The industry-funded Future of Privacy Forum is hoping to get at this issue in a new research initiative that explores different ways sites can communicate with users about their online advertising experience and how a use's data trail is recorded and used. The study will try to find ways that publishers can raise user awareness about the use of online behavioral data and be more transparent about how it is harvested and shared.

It's been repeatedly said that one of the biggest issues our culture is facing right now, and will continue to face in the years to come, is defining and coming to terms with the legality behind privacy issues. As our lives become increasingly wired, connected and monitored privacy becomes an increasingly pressing concern, especially since technology changes much faster than laws can keep up with. While privacy issues are important for adults to be aware of right now, from access to medical records to who can see into our houses, it's probably even more important for the next generation to know what the issues are and how it does and will affect them in the future. Prying Eyes: Privacy in the Twenty-First Century by Betsy Kuhn is a book written for teens and older kids about privacy issues today in America. It looks at new and developing technologies from cameras to RFID chips, the significant laws and court cases throughout our history that have dealt with privacy issues, and how it affects each of us. Kuhn does an excellent job of keeping her subject relevant, but not too focused. Kuhn manages to show how all of these issues matter and affect us without being scary. She never turns technology, corporations or even the government into something frightening. When this is a topic that could easily have been made scary, it's nice that Kuhn managed to walk that line and make this serious without being something to obsess over.

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...

Wharton School professor Andrea Matwyshyn has attended Defcon for the past five years. This year, her radar is pointing to corporate disclosure of computer security threats. Most consumers, she says, find out about them primarily through news reports and after-the-fact data breach notifications. Big business, Matwyshyn says, needs to do a much better job of keeping customers abreast of how they're dealing with big security threats. "Companies need to be aware that their customers are going to start asking questions about their security and what they're doing," she told Forbes.

The million-and-one ways in which the Internet can be useful, efficient and fun are well known. Its potential for abuse by pornographers, phishers, scammers and spammers has also been apparent since its early days. What has taken a bit more time to emerge, however, is awareness of the Internet's increasing threat to privacy as people become more comfortable offering information about themselves online. Faculty members at Wharton say people who access the Internet for what have become routine functions -- sending email, writing blogs, and posting photos and information about themselves on social networking sites -- do not realize how much of their personal privacy, their very identities, they put at risk. Nor do they fully comprehend the extent to which they are inviting mischief, embarrassment and harm, perhaps for decades to come, from others looking to dig up digital dirt. In addition, legal experts say that while laws already on the books provide criminal and civil remedies for some nefarious uses of personal information, the ways in which the Internet can be harnessed for questionable purposes that encroach on privacy have yet to be fully addressed by the courts.

Weak security policies and practices in nearly all 24 major federal agencies in 2008 have resulted in exposing personally identifiable information of Americans, according to a new report from the Government Accountability Office (GAO). "An underlying reason for these weaknesses is that agencies have not fully implemented their information security programs," according to the GAO report, issued Monday. "As a result, agencies have limited assurance that controls are in place and operating as intended to protect their information resources, thereby leaving them vulnerable to attack or compromise." Federal agencies have reported some progress, providing awareness training for employees and testing system contingency plans, the GAO said. Still, employees with significant security responsibilities are not getting enough security training and known vulnerabilities remain wide open. The GAO conducts a periodic review of information security policies and procedures at federal agencies. Inspectors general review agency conformity to the Federal Information Security Management Act of 2002 (FISMA) and report their findings to Congress.