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New Englanders have a reputation for being taciturn, but when it comes to data Massachusetts takes the cake. No state loves its privacy more than the Bay State, which last year passed the nation's most exacting data privacy law, requiring companies to check off a honey-do list of steps designed to protect personal data belonging to commonwealth residents. Connecticut and Rhode Island preceded Massachusetts in joining the minority of states that have enacted proactive data privacy laws, requiring businesses to protect information like Social Security and credit card numbers. Maine, Vermont and New Hampshire, like nearly all states, have only reactive data laws, requiring companies to take certain steps - like reporting a breach to authorities - after data has been compromised. Rhode Island's law, passed in 2006, requires businesses that own or license Rhode Islanders' personal information to "provide reasonable security" for that data. Connecticut's law, passed shortly before Massachusetts enacted data privacy legislation last summer, requires businesses to create and publicly display a data protection policy, but does not specify what that policy should entail. The Connecticut and Rhode Island laws stop far short of the controversial requirements in Massachusetts, where new regulations are scheduled to take effect by January 2010. "They're not technically one-liners, but they're very general," Goodwin Procter LLP partner David Goldstone said of the Connecticut and Rhode Island statutes, which are similar to laws passed in Texas and California. "Essentially they say companies have to have reasonable protections in place."

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As Forrest Gump said, "Stupid is as stupid does." The 2009 Verizon Business data breach investigation report confirmed what the 2008 report revealed -- attackers usually gain a foothold through stupid, basic errors. "In virtually all the cases, we found that lots of the things that were simple and straightforward, had they been deployed, would have stopped the attack," said Peter Tippett, vice president of research and intelligence for Verizon Business Security Solutions. "Simple things like changing the password from the word "password" on the system, those basic errors were somewhere, endlessly; they were everywhere." In fact, the 2009 Verizon Business Data Breach Investigations Report showed that 67% of the 90 confirmed data breaches that Verizon investigated last year revealed that kind of error, usually on a third-party system, often tangential to the heart of the enterprise. But they open the door to the good stuff: thousands or even millions of customer records.

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Data security represents both a new market opportunity to sell insurance coverage and a new risk - especially for independent insurance agencies that may not be compliant with data security laws or have plans in place to protect their own companies from data breaches. While data security is an evolving issue, failing to protect data can have a huge financial impact on a company. The average total per-incident cost of a data security breach was $6.65 million, compared to an average per-incident cost of $6.3 million in 2007, according to the "U.S. Cost of Data Breach Study" conducted by data protection company PGP Corp. and information management research firm The Ponemon Institute. The PGP/Ponemon study indicated that data breach incidents cost U.S. companies $202 per compromised customer record in 2008, meaning that companies incur additional costs with an abnormal churn in lost customers. More than 84 percent of data breach cases in 2008 involved organizations that had more than one data breach. And, more than 88 percent of all cases in the study involved insider negligence. The cost of lost business continued to be the most costly effect of a breach, averaging $4.59 million or $139 per record compromised. Lost business now accounts for 69 percent of data breach costs, up from 65 percent in 2007, compared to 54 percent in the 2006 study. "After four years of conducting this study, one thing remains constant: U.S. businesses continue to pay dearly for having a data breach," said Dr. Larry Ponemon, chairman and founder of The Ponemon Institute. "As costs only continue to rise, companies must remain on guard or face losing valuable customers in this unpredictable economy." Includes video: Data Security Creating Insurance Agent Sales Opportunities

"Knowledge is the currency of the future," says Sidney Pearl, Global Director of Enterprise Security Solution management for the Unisys Global Financial Services business. And according to the latest Unisys Security Index, Americans are getting much smarter - and more demanding - about the basic information security they expect from government and businesses. In an exclusive interview, Pearl discusses: Results of the latest Unisys Security Index; The security topics that mean the most to U.S. consumers; What these findings mean for government agencies and banking institutions. Pearl's Enterprise Security Solutions Management Group has worldwide responsibility for defining and managing the company's Fraud, Risk Management and Enterprise Security services offerings for the financial industry. Unisys provides Security Business Operations services and solutions to financial services clients in over 40 countries.

Most Americans believe the world financial crisis has increased their risk of identity theft or related crimes, according to the latest Unisys Security Index. The biannual survey of consumers in nine countries found that more than two-thirds of Americans are "extremely or very concerned" about other people obtaining and using their credit or debit card details -- with 90 percent at least "somewhat concerned." In addition, computer security remains a major concern. More than 40 percent of Americans are extremely or very concerned about security in relation to viruses or unsolicited emails. Three-quarters of Americans believe that the world financial crisis will increase the risk that they will personally experience identity theft or related crimes. More than one-quarter believe that the risk will increase substantially. "Financial security for Americans has moved from third place to front and center, number one," Tim Kelleher, vice president of enterprise security at Unisys, provider of information technology consulting services, told SCMagazineUS.com Monday. "People feel they are much more financially at risk." This has major implications for banks and other financial institutions, as well as internet businesses, he said. "Banks and businesses need to understand that customers are more wary than ever about using services that may compromise their personal data," Kelleher said. "If economic concerns increase these fears, companies need new strategies to strengthen customer confidence through accountability and transparency, which also plays to part of the Obama administration's call to action for government and business." The U.S. Security Index is based on a random telephone survey of 1,004 persons ages 18 and over. The first wave of the study was conducted in August 2007.

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Data breaches are running at record levels, according to the San Diego-based Identity Theft Resource Center, a non-profit that tracks cybercrime. ITRC says it recorded 342 data breaches from Jan. 1 through June 24, up 69% from the same period in 2007. But, like the origins and perpetrators of so many individual data breaches, mystery also lies behind the aggregated numbers. "I'm not sure that this says breaches are increasing," ITRC founder Linda Foley tells Digital Transactions News. "What we know is the reporting of breaches is increasing." A handful of states now require some disclosure of data breaches to authorities, Alaska being the most recent. And some companies that have been hacked are starting to report breaches voluntarily, Foley says. While data breaches can compromise all manner of personal and business records, they often involve credit and debit card data and bank-account information. ITRC lists five major categories of breached entities, with the so-called banking/credit/financial sector accounting for 10% of 2008's breaches. Businesses, which include physical and Internet retailers, insurance companies and other private enterprises, accounted for 36.8%. Schools accounted for 21.3%; government and military facilities, 17%; and health-care facilities, 14.9%. IRTC also categorizes breaches by how they happened, such as through hackings-break-ins into computers and related systems, insider thefts, data lost in physical transit, and by other methods. The number of 2008 hackings through late June in the banking/credit/financial category was 10-double the five for all of 2007. The estimated number of records compromised as a result was 227,864. In 2007, the reported number of compromised records at financial institutions through hackings was 83,500. But Foley says not to put too much stock in the records numbers because so many breached organizations don't know or fail to report the number of compromised records when they report a bre

Online fraud is a $4 billion dollar a year industry. It grows as the unemployment rate increases and the jobless attempt to earn a living through whatever means necessary. Meanwhile, the Internet's footprint on the global economy and culture becomes larger every day. The expansion of fraud and the identification of this risk will create more jobs in the fields of compliance, risk management, and best practices. Who will fill these positions? For many companies looking to take action, the initial move will be to consolidate roles. Individuals in areas such as sales and marketing will absorb fraud identification, reporting, and prevention responsibilities. This will prove to be ineffective for the following reasons: 1. The sales and marketing staffs are not trained to identify fraud and they cannot keep up with the ever-changing tactics. 2. Associates are conflicted when faced with a fraud incident. They are not motivated to report fraud and their compensation structure dissuades them from reporting incidents. 3. Business goals are not aligned appropriately, which naturally moved fraud last on the priority list for the associates assigned the additional responsibilities. 4. While the internal attempt is made, no time is spent on partner due diligence and monitoring. Organizations will benefit in the long term by hiring dedicated staff. This tactic is one component of my company's Best Practice approach to doing business. My dedicated team helped realign business goals and create a culture that now embraces a higher set of standards and expectations. Staffing and training were the largest challenges I have faced in the last year. The positions were new, the skill set was specific, and as a result we received a dichotomous set of resumes. Applicants with online marketing experience had little to no experience with fraud, or they came from companies where more unscrupulous methods were used, and I was not confident those habits would be easily kicked. The app

The dark figure of fraud drove the development of best practices at Memolink. I harnessed the fear of the unknown and used basic change management to gather support internally. I knew the approach would indefinitely change how we did business and alter our company's culture. Like many dot coms, my company has an entrepreneurial spirit, and like not-so-many dot coms, we have been in business for 15 years. The culture is well established and the work we do is exciting and fun. Would a company with an innovative and "don't-box-me-in" mentality openly receive a new set of standards and expectations? The implementation of the Best Practice approach required two important change management tactics: consistent messaging and constant and varied communication. It was not enough to tell associates that the proposed transition, which included separating processes that traditionally had been managed by a sales team, would benefit the company in the long term. The main component of the message had to be the "What's in it for me?" value proposition. At the time, the sales associates had nothing to gain, and, in fact, they would lose commission. For example, when my department rolled out the Best Practice approach to partner vetting, fewer partners would meet the standard and be accepted, which meant incremental commission loss for the sales team. Money matters create major stress and tension, so it was important that this conflict be addressed early in the implementation process. Management responded by restructuring commissions so that employee motivations were aligned with business goals. This move also made the adoption period for other processes and procedures shorter and less chaotic. In essence, align the money motivators and people will buy in more quickly. Associates were not reeling about their payment structure, but were they and other stakeholders, who were originally unaffected by the commission structure, truly behind the idea? In order to gain the

The largest threat to online advertising is growing as the economy declines. More individuals will turn criminal, purchasing products or generating income through fraudulent means. Billions of dollars are stolen from businesses each year, and in 2009 companies will fight fraud with fewer resources.According to CyberSource, an estimated $4 billion dollars was lost to fraud in 2008 up from $3.7 billion in 2007, and 87% of merchants must fight fraud with the same or less staff in 2009. The increase in eCommerce fraud from 2007 to 2008 (and one can expect, in 2009) follows the advertisers' shift to spend more of their budget online. Much like crime statistics, one has to wonder how much fraud is not being reported because, among many reasons, commission-driven employees are not motivated or your company lacks resources.In early 2008, I was approached by our CEO to start a new division that would address our partners' fraud concerns-both real and perceived. He said, "I'm not going to lie to you. It's a SOB job." I was sold, and the Best Practices Division began.My team establishes best practices (measurable, repeatable events, processes, and procedures) and applies them internally and externally (to our partners' online marketing practices). At its core, best practices (BPs) are a set of standards that provide transparency and clear expectations of behavior and results to everyone involved in the business process. This accountability will drive the long-term performance of the online advertising industry while maintaining profitability without additional federal regulation.The BP approach can be applied to every business model and used to fight fraud-wherever you find it. Industry norm places the onus on the advertiser to successfully qualify inbound leads as well as identify fraudulent traffic. In the past, advertisers had only two options: become an online fraud expert, or hire a vendor.Only a small percentage of companies will be successful with the

It's been four years since data broker ChoicePoint acknowledged the data security breach that put it in the middle of a media firestorm and pushed data protection to the top of the infosecurity community's priority list. Since then, the business world has made plenty of progress hardening its data defenses -- thanks in part to industry standards like PCI DSS and data breach disclosure laws (click to see state-by-state map) now in place. But the latest data breach to grab headlines illustrates how vulnerable organizations remain to devastating network intrusions. Heartland Payment Systems, the Princeton, N.J.-based provider of credit and debit processing, payment and check management services, admitted Tuesday it was the victim of a data breach some quickly began citing as the largest of its kind. The company discovered last week that malware compromised card data across its network, after Visa and MasterCard alerted Heartland to sinister activity surrounding processed card transactions. The Shadow of ChoicePoint The Heartland breach comes roughly four years after ChoicePoint announced -- as required by California's SB 1386 data breach disclosure law -- that conmen stole personal financial records of more than 163,000 consumers by setting up fake business requests. Since then, much bigger incidents have occurred, most notably the TJX data breach that exposed more than 45 million debit and credit card holders to identity fraud. Heartland President and CFO Robert H.B. Baldwin Jr. said Tuesday that 100 million card transactions occur each month on the compromised systems used to provide processing to merchants and businesses. As of Tuesday, the Privacy Rights Clearinghouse estimated that a total of 251,164,141 sensitive records had been compromised since early 2005. Up to 15 separate cases have been reported since Jan. 1, 2009.

Fireman's Fund Insurance Co. this week unveiled what it says is the first coverage available to small and medium-sized businesses for losses from payment card data breaches. News of the policy came on the same day that a non-profit research organization reported that data breaches increased 47% last year. The idea behind the coverage, according to Brian Gerritsen, product director at Novato, Calif.-based Fireman's, is to give peace of mind to business owners who are diligent about complying with the Payment Card Industry data-security standard, or PCI, the card networks' uniform protection rules that all card acceptors are supposed to meet. "That's what we're really trying to insure against-business owners trying to do everything in their power to protect their customers' cardholder data, but still find themselves in a data-breach situation and out of compliance with the PCI standards or other security standards that may apply to them," he tells Digital Transactions News. To get the coverage, however, a merchant must clear a number of hurdles. An applicant must already have property or liability coverage from Fireman's as well as the company's general data-breach policy first offered in 2006. The new payment card coverage is an add-on to that earlier product. Coverage is available to retailers and most other card-accepting merchants, but not schools and hospitals, says Gerritsen. The insurer excluded the former because of their high rate of data breaches and the latter because they hold extremely sensitive medical and personal data. If breached, a covered merchant could recoup about $160,000 in resulting expenses. That includes up to $50,000 for a PCI-specific forensic investigation, system scans and software, and hardware upgrades to get card security up to snuff. The policy also provides up to $100,000, with a 5% deductible, for PCI fines-"contractual penalties" in industry lingo-and related costs such as chargebacks and issuersâ€

Some consumers say they like the way Internet retailers will suggest new purchases to them based on what they've bought previously. Others feel creeped out when a banner ad seems to know a bit too much about their Web surfing habits. It's called behavioral advertising, and it's central to the business success of all manner of Internet commerce, from bookstores to newspapers. The practice needs regulation, says Rep. Rick Boucher , the Virginia Democrat who chairs the House Energy and Commerce Subcommittee on Communications, Technology and the Internet. Boucher says legislation to protect consumer privacy online will spur people to surf more. But Internet advertising companies are not happy about regulation, especially because Boucher's plan would require, in some cases, that consumers agree in advance before their surfing habits could be tracked. Such an approach "would really be a sea change in the U.S. regulatory framework," says Mike Zaneis, vice president for public policy at the Interactive Advertising Bureau. Virtually all consumer protection laws, he says, permit people to opt out of solicitation, for instance, with a "do not call" registry. For the Internet, Congress has done almost nothing. "To suddenly move toward a draconian opt-in standard," he says, "would really be damaging not just to businesses but consumers." Zaneis, whose group includes such news heavyweights as the New York Times Co. and Conde Nast Publications, says now is not the time to upend Internet companies' business models, right when the economy is in the tank and print advertising is drying up. He argues further that new Web browsers make the issue moot by giving consumers the ability to easily block the electronic "cookies" that track their online movements. The issue promises to be a lobbying extravaganza. Last year, when the Federal Trade Commission (FTC) was developing self-regulatory guidelines for Web companies engaging in behavioral advertising, it

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.

Free, vendor-neutral online Data and Privacy in Web 2.0 Summit on August 13th. Thought leaders will present a series of webcasts discussing best practices and case studies on legal issues in online social communities, implications of the smart grid and the Cloud, privacy policies and more: http://www.brighttalk.com/summit/dataprivacy2 Web 2.0 services have been rapidly growing because of the value they offer to businesses and individuals alike. However, with so much information at stake and so little control of employees and customer activities online, how do companies ensure consumer and businesses' data are secure and safe from misuse and malware-related data breach? This summit will focus on minimizing leakage from people, devices and data on the move, keeping consumer and businesses' data secure and safe from misuse and malware-related data breach.

CSOs in healthcare organizations know that the Health Information Technology for Economic and Clinical Health (HITECH) Act, signed into law in February 2009, includes new privacy requirements that experts have called "the biggest change to the health care privacy and security environment since the original HIPAA privacy rule." These include: New requirements that widen the definition of what Personal Health Information (PHI) information must be protected and extend accountability from healthcare providers to their business associates; Lower thresholds, shorter timelines, and stronger methods for data breach victim notification; Effective immediately, increased and sometimes mandatory penalties with fines ranging from $25,000 to as much as $1.5 million; More aggressive enforcement including authority to pursue criminal cases against HIPAA-covered entities or their business associates. No doubt, the HITECH Act raises the stakes for a data breach. But regulations aside, data breaches can hurt your organization's credibility and can carry huge medical and financial risks to the people whose data is lost. We've managed hundreds of data breaches and helped thousands of identity theft victims. Through this we've learned firsthand that compliance doesn't necessarily equal low risk for data breach. For the well being of the business and patients, healthcare organizations and their partners need to take the most comprehensive approach to securing PHI.

Social, Social, Social! It seems everyone is talking about the need to adopt some flavor of Social to propel business forward. Unless you live under a very large rock, you are aware of the popularity of individual social media services. Many well-meaning companies are rushing forward to transform th

Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations. The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates. "While the Internet has generated many positive changes in the way we communicate and do business, its limitless nature offers anonymity that has opened the door to criminals looking to harm innocent children," U.S. Sen. John Cornyn, a Texas Republican, said at a press conference on Thursday. "Keeping our children safe requires cooperation on the local, state, federal, and family level." Joining Cornyn was Texas Rep. Lamar Smith, the senior Republican on the House Judiciary Committee, and Texas Attorney General Greg Abbott, who said such a measure would let "law enforcement stay ahead of the criminals."

The intersection of dr/bc, privacy & security should be preservation of business value.

What are the key elements of disaster recovery (DR) planning and design? While there's no one-size-fits-all solution, a data asset inventory that includes conducting a data classification project and assessing the potential risk for disaster from within your company will help you protect all of your data resources. In broad terms, you need to determine the recovery point objective (RPO) and recovery time objective (RTO) for different parts of the business and put together an effective data protection plan to achieve this. You should start by performing a business impact analysis.

Behavioral targeting is not bad as a concept but advertisers would have the public opt-in by default without knowing what is being collected and what it is being used for. On the other hand not many in the public seem very concerned about this subject.

The Internet contributes about US$300 billion a year to the U.S. economy, and U.S. lawmakers should be careful about tinkering with the advertising-supported Internet content model in the name of privacy, the Interactive Advertising Bureau (IAB) said. An IAB-commissioned study by two Harvard University professors, released Wednesday, found that 1.2 million U.S. residents are directly employed in Internet-related jobs, and another 1.9 million U.S. jobs support those Internet workers. IAB released the study Wednesday, as 30 publishers of small Web sites converged on Washington, D.C., to urge U.S. lawmakers to avoid passing legislation that would harm their ad-supported business models. Chief among those publishers' concern was talk in the U.S. Congress about requiring Web sites to gain opt-in permission from users before tracking their Web habits as a way to deliver personalized advertising to them. Many users wouldn't give the permission, and without offering targeted advertising, many small Web sites could fold, some small publishers said. Small Web publishers and sellers "are the face of small business" in the U.S. in recent years, said Susan Martin, publisher of Ikeafans.com, a home improvement site.

Today's post provides an example of an organizational change being discussed in many firms contemplating the use of social media, and its evolution to social business in a global economy. Adoption of "social" introduces new risks and opportunities to US corporations. The likelihood of doing business