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A leading technology advisor to President Obama said in a research note for his investment firm today that privacy and net neutrality will be among the biggest telecommunications issues facing the Federal Communications Commission and the administration going forward. Analyst Blair Levin, who was the co-lead of Obama's technology and innovation team along with nominated FCC Chair Julius Genachowski, wrote in a Stifel Nicolaus research note that the economic crisis and change of administration will shift the focus of telecom policy away from traditional phone companies to "Internet/edge" players. Indeed, Google and other Web video and voice companies like Skype have been increasingly active in recent years at the FCC, pushing particularly for net neutrality rules that would prevent carriers from blocking or charging more for certain content that travels over the Web. Levin said in a note that net neutrality will emerge again as an issue in the new administration for wireless networks. On the other hand, there won't likely be a push for new net neutrality rules for cable, DSL, and fiber network carriers at the FCC. "(There is a) consensus emerging that disputes about whether a wireline network management tool is 'reasonable' (or is actually blocking or degrading traffic) to be resolved on a case-by-case basis," Levin wrote in the note with analysts Rebecca Arbogast and David Kaut. It would be a tough climb to impose rules that force wireless carriers to open their networks. Apple and AT&T successfully argued to lawmakers and regulators to keep their exclusive iPhone contract. Skype's petition to the FCC to force carriers to allow any handset or software to operate on any network was shot down by former FCC Chairman Kevin Martin. He said the biggest "sleeper" issue will be privacy. With a major overhaul of healthcare records to the Web, the rise in behavioral advertising and cloud computing, where information is stored in computers strung across many geographies

US senators have drafted legislation that would give the federal government unprecedented authority over the nation's critical infrastructure, including the power to shut down or limit traffic on private networks during emergencies. The bill would also establish a broad set of cybersecurity standards that would be imposed on the government and the private sector, including companies that provide software, IT work or other services to networks that are deemed to be critical infrastructure. It would also mandate licenses for all individuals administering to strategically important networks. The bill, which is being co-sponsored by Senate Commerce Committee chairman John Rockefeller IV and Senator Olympia Snowe, was expected to be referred to a senate committee on Wednesday. Shortly after a working draft of the legislation began circulating, some industry groups lined up to criticize it for giving the government too much control over the internet and the private companies that make it possible. "This gives the president too much power and there's too little oversight, if there's any at all," said Gregory Nojeim, senior counsel at the Center for Democracy and Technology. "It gives him the power to act in the interest of national security, a vague term that has been broadly defined." Nojeim was pointing to language in the bill that permits the president to "order the limitation or shutdown of internet traffic to and from any compromised federal government or United States critical infrastructure information system or network" after first declaring a national cybersecurity emergency. A separate provision allows the executive in chief to "order the disconnection of any federal government or United States critical infrastructure information systems or networks in the interest of national security." "It applies to any critical infrastructure," Nojeim added. "Surely, the internet is one." The bill would also require NIST, or the National Institute of Standards and Techn

"Social behavior is not a new concept - it simply implies living and working in a community instead of being isolated. What's new is the emergence of platforms to create a setting and values that are intrinsic to a community. Values such as: sharing of ideas and expertise in real-time, establish

"In a sign that state attorneys general may be flexing the HIPAA enforcement muscle granted by the HITECH Act provisions in the Recovery Act, the Connecticut and Arizona attorneys general are investigating health plans that recently experienced data breaches that they failed to disclose for several months. Typically, state attorneys general prosecute only violations of state laws, but they now have authority to investigate and levy fines for violations of HIPAA and the HITECH Act, which requires mandatory notifications within two months of knowledge of a breach. Connecticut Attorney General Richard Blumenthal (D) has emerged as possibly the first AG to take on a HIPAA investigation, and Arizona's AG may also be pursuing a similar course. The larger of the two breaches that have come to the AGs' attention was experienced by Health Net, Inc., which lost a portable external hard drive containing seven years of data for 446,000 Connecticut residents. The lost data came from 1.5 million individuals in total, who also hailed from New Jersey and New York. Health Net reported the loss to the Connecticut AG on Nov. 19, and on the same day Blumenthal issued a scathing statement demanding answers and promising action. He specifically said he was investigating whether Health Net may have violated "federal laws," as well as his state's own data protection laws."

"The United States House of Representatives took a major step this week toward enacting a national data breach notification law. H.R. 2221, the Data Accountability and Trust Act (DATA), cleared the House with a voice vote. In its current form, DATA requires businesses to notify customers and the Federal Trade Commission (FTC) if sensitive information has been exposed to a security breach. If the U.S. Senate can reconcile its own approach to data breach notification legislation with DATA, a new federal standard will emerge. If signed into law by President Barack Obama, a federal data breach ¬law would pre-empt the jumbled mass of dozens of state laws. "You'd be better served by federal legislation if the federal legislation has teeth and doesn't pre-empt the state's law," said California state senator Joe Simitian, speaking to executive editor Scot Petersen in September. "If there was a meaningful standard at the national level, I think many states would be happy to accept it." Aside from the data breach notification required by the HITECH Act, DATA would put into place the first national law of its kind. H.R. 2221 was sponsored by House Subcommittee Chair Rep. Bobby L. Rush of Illinois. The bill specifically states that: "Any person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data -- 1. notify each individual who is a citizen or resident of the United States whose personal information was acquired by an unauthorized person as a result of such a breach of security; and 2. notify the Federal Trade Commission."

"Disaster recovery and business continuity planning are processes that help organizations prepare for disruptive events-whether an event might be a hurricane or simply a power outage caused by a backhoe in the parking lot. Management's involvement in this process can range from overseeing the plan, to providing input and support, to putting the plan into action during an emergency. This primer (compiled from articles in CSO magazine) explains the basic concepts of business continuity planning and also directs you to more CSO magazine resources on the topic."

Clayton Christensen first identified the concept of the disruptive innovation in the Innovator's Dilemma. The basic idea is this: a new technology slowly undermines an existing, dominant technology, by starting out cheaper and "worse," then slowly improving until it is a full replacement for the dominant one, but with newer, more flexible capabilities, and usually a lower cost basis. Classic examples of disruptive technologies include the PC (which disrupted mainframes and minicomputers) and desktop publishing (which disrupted the print industry).

Is the price to safeguard America's information systems and networks on a collision course with efforts to rescue the economy? One would hope not, but the $789 billion stimulus package that contains nearly $10 billions for IT-related projects offered very little for cybersecurity. Still, the president sees protecting government and private-sector information systems as crucial to the economic vitality of the country. So, when Acting Senior Director for Cyberspace Melissa Hathaway hands the President her recommendations on securing the nation's information infrastructure later this month, a sharper picture should emerge on how much money the government will need to spend to do just that. What Price Security? The government isn't a spendthrift in protecting its IT networks; it earmarked $6.8 billion a year on cybersecurity this fiscal year, up from $4.2 billion five years ago, according to the White House Office of Management and Budget. But is that enough? Appropriating money to find new and innovative ways to protect our critical information infrastructure doesn't seem to be a government priority, at least not yet. Of the $147 billion the government planned to spend on all types of research and development this fiscal year, only $300 million or 0.2 percent was slated for cybersecurity, according to the Securing Cyberspace in the 44th Presidency report issued by the Center for Strategic and International Studies. By comparison, the budget contained five times as much money $1.5 billion for nanotechnology R&D.

MPs have today launched an investigation into the use of snooping technology by ISPs which allows them to profile customers for advertisers and throttle or block specific types of traffic. An inquiry by the All-Party Parliamentary Group on Communication will examine issues such as the emergence of Phorm's profiling system, and the restriction of bandwidth available to specific applications such as BitTorrent. Both activities are reliant on Deep Packet Inspection (DPI) technology. "Now the Internet is part of daily life, concerns are increasingly raised about a wide range of online privacy issues," the group said in a background statement. "Should there be changes to individual behaviour? Should companies be pressed to prioritise privacy issues? Or is there a need for specific regulations that go beyond mere 'data protection' and address privacy directly?" The inquiry will also consider the impact of DPI technology on ISPs' "mere conduit" protection from liability for illegal traffic such as child pornography and copyright-infringing filesharing.

As the impact of digital advertising on consumer privacy comes under scrutiny, AT&T is taking a stance in support of stricter standards. Rep. Rick Boucher (D., Va.), chairman of the subcommittee, said in an interview Wednesday that a statute is needed to regulate how companies collect, share and use data on consumers' behavior in targeting online advertising. While ad targeting on the Web has been at the forefront of privacy advocates' concerns, worries are growing about other media, ranging from mobile phones to emerging TV technologies. To sell marketers targeted ads, technology and media companies collect data about customers, ranging from the Web sites they visit to the neighborhoods they live in to the TV shows they watch. Marketers often will pay a premium for this form of advertising because it allows them to show their ads to consumers who are likelier to buy their products or services. "Pitfalls arise because behavioral advertising in its current forms is largely invisible to consumers," says Dorothy Attwood, AT&T's senior vice president of public policy and chief privacy officer, in prepared testimony she is expected to deliver at the hearing of the House Subcommittee on Communications, Technology and the Internet. Her statement says consumers don't fully understand that their online activity is used to create detailed profiles of them. Internet and other media companies say the data they use to target ads are anonymous and can't be traced to individual consumers. AT&T plans to argue that consumers should have "full and complete" notice of what information is collected about them and how it is used and protected, and should have tools that let them determine whether their Web activities are being tracked. The company says it won't use consumer information for online behavioral advertising unless it first obtains consent from the consumers involved. AT&T's stance contrasts with the position taken by most big Internet companies and industry trade grou

IT directors are adding multiple layers of protection to their networks and constantly upgrade those measures to adjust for new threats. Is this good? Is the Internet too broken to fix? Is there a better path to enterprise network security? One option is a new "gated community" Internet, where users give up their freedoms and anonymity for safety. My initiation to the Internet and the World Wide Web occurred in 1994 in a large meeting room at an Atlanta hotel. Most of the 100 or so seats were empty. Those in attendance seemed fairly rabid about this new network and took exception to one speaker's prediction that the Web would become a major marketing vehicle. "Not gonna happen," said one attendee. "We'll spam them into submission if they try. We won't let this become commercialized." I kind of chuckled to myself. Those early adopters were mainly concerned with protecting the Internet from commercialization and marketing. Security was not even part of the discussion. Now, it is threatening to dismantle the Internet as a communication and commerce tool. Cyber attacks on U.S. government computer networks increased a reported 40 percent in 2008, according to data from the U.S. Computer Emergency Readiness Team. More than 100 million credit card accounts at Heartland Payment Systems were compromised last year. In November, the Pentagon suffered from a cyber attack in the form of a global virus or worm that spread rapidly throughout a number of military networks, and caused the agency to ban the use of external storage devices, such as flash drives and DVDs. And this is just the tip of the Internet security Relevant Products/Services iceberg. Enterprise networks are being used to launch phishing Relevant Products/Services and other Internet scams, such as the Conficker worm that infected 12 million computers late last year. IT directors everywhere are adding multiple layers of protection to their networks and constantly having to upgrade those measures to adjust fo

The reality of any new technology, security or otherwise, rarely lives up to its promise. Once you move past the bright sheen of the product brochures and top-level user interfaces, only the practicalities of implementing the product in the real world remain. This is especially true of newer technologies we have little prior experience with, where our product expectations are defined by marketing, the press, and the rare peer reference. It's only after these tools are tested in the real world, under full production conditions, that we really start learning how to either best implement them, or kick them back to the vendor for a little more polish (and a compelling business use). Data loss prevention (DLP) is one of the most promising, and least understood, security technologies to emerge during the last few years. It dangles promises of ubiquitous content protection before our eyes, with shadows of complexity and costs glooming over its shoulder. As with everything, the reality is somewhere in-between. We've interviewed dozens of DLP users (including our own contacts, random volunteers and vendor references) to find out how DLP works in the trenches of the real world. The result is a collection of lessons learned and use cases to help you avoid common pitfalls while deriving maximum value. Lesson 1: Users are confused by a confusing market Lesson 2: Full DLP solutions take more effort to deploy, but are more effective and easier to manage Lesson 3: Set the right expectations and workflow early Lesson 4: Poor identity management hinders good DLP Lesson 5: False positives are a manageable concern Lesson 6: Progressive deployments are most effective Lesson 7: Endpoint DLP is still more limited than network or discovery Lesson 8: Content discovery is hot

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Last week, the government took another step toward closing a legal loophole in federal privacy and security rules for emerging Health 2.0 information technology applications by issuing proposed rules aimed at covering an estimated 900 companies and organizations offering personal health records and electronic systems connected to them. The Federal Trade Commission was careful to point out its new interim proposed rule on federal breach notification requirements for the developers of electronic PHR systems did not apply to covered organizations or their business associates as defined by the Health Insurance Portability and Accountability Act of 1996, heretofore the key federal privacy and security regulation. The FTC, operating under new authority given it by the American Recovery and Reinvestment Act of 2009, noted that its new rule seeks to cover previously unregulated entities that are part of a Health 2.0 product mix. FTC staff estimates that about 200 PHR vendors, another 500 related entities and 200 third-party service providers will be subject to the new breach notification rule. The staffers estimate that the 900 affected companies and organizations, on average, will experience 11 breaches each per year at a total cost of about $1 million per group, per year. Costs include investigating the breach, notifying consumers and establishing toll-free numbers for explaining the breaches and providing additional information to consumers. Pam Dixon, founder and executive director of the World Privacy Forum, said that this isn't the first involvement of the FTC in healthcare-related regulation, noting the consumer protection agency joined with the Food and Drug Administration in a joint statement on the marketing of direct-to-consumer genetic tests. The FTC also has worked in the field of healthcare competition. She noted the compliance deadline with the FTC's "red flag rules" on provider organizations that provide consumer credit to patients for installment payment

Individuals have been at risk of having their personal information stolen and used to commit identity-related crimes long before the emergence of the Internet. What the Information Age has changed, however, is the method by which identity thieves can access and exploit the personal information of others. One method in particular leaves hundreds of thousands, and in some cases tens of millions, of individuals at risk for identity theft: large scale data breaches by skilled hackers. In this method, criminals remotely access the computer systems of government agencies, universities, merchants, financial institutions, credit card companies, and data processors, and steal large volumes of personal information on individuals. Such large scale data breaches have revolutionized the identity theft landscape as it relates to fraud on existing accounts through the use of compromised credit and debit card account information. Large scale data breaches would be of no more concern than small scale identity thefts if criminals were unable to quickly and widely distribute the stolen information for subsequent fraudulent use (assuming, of course, that the breach would be quickly detected). Such wide-scale global distribution of stolen information has been made possible for criminals with the advent of criminal websites, known as "carding forums," dedicated to the sale of stolen personal and financial information. These websites allow criminals to quickly sell the fruits of their ill-gotten gains to thousands of eager fraudsters

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The global economic crisis has become the biggest near-term U.S. security concern, sowing instability in a quarter of the world's countries and threatening destructive trade wars, U.S. intelligence agencies reported on Thursday. The director of national intelligence's annual threat assessment also said al Qaeda's leadership had been weakened over the last year. But security in Afghanistan had deteriorated and Pakistan had to gain control over its border areas before the situation could improve. "The financial crisis and global recession are likely to produce a wave of economic crises in emerging market nations over the next year," said the report. A wave of "destructive protectionism" was possible as countries find they cannot export their way out of the slump. "Time is our greatest threat. The longer it takes for the recovery to begin, the greater the likelihood of serious damage to U.S. strategic interests," the report said. The report represents the findings of all 16 U.S. intelligence agencies and serves as a leading security reference for policymakers and Congress. Besides reviewing adversaries, it also considered this year the security impact of issues including climate change and the economy. It said a quarter of countries have already experienced at least "low-level" instability, such as government changes, linked to the economy.

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

To address important consumer privacy concerns associated with online behavioral advertising, the staff of the Federal Trade Commission today released a set of proposed principles to guide the development of self-regulation in this evolving area. Behavioral advertising is the tracking of a consumer's activities online - including the searches the consumer has conducted, the Web pages visited, and the content viewed - in order to deliver advertising targeted to the individual consumer"s interests. For more than a decade, the FTC has engaged in investigation, law enforcement, studies, and other privacy developments to protect consumers' privacy online. Concepts used to develop the principles emerged from the agency's longstanding privacy program and, more recently, from two conferences hosted by the FTC. In the fall of 2006, a three-day public hearing, "Protecting Consumers in the Next Tech-ade," examined technology developments that could raise consumer protection policy issues, including privacy, over the next decade. This past November, building on the Tech-ade hearings, the FTC hosted a Town Hall entitled "Ehavioral Advertising: Tracking, Targeting, and Technology," to focus in on privacy issues raised by behavioral advertising. "The purpose of this proposal is to encourage more meaningful and enforceable self-regulation to address the privacy concerns raised with respect to behavioral advertising. In developing the principles, FTC staff was mindful of the need to maintain vigorous competition in online advertising as well as the importance of accommodating the wide variety of business models that exist in this area," according to its proposal "Behavioral Advertising: Moving the Discussion Forward to Possible Self-Regulatory Principles." The proposal states that behavioral advertising provides benefits to consumers in the form of free content and personalized advertising but notes that this practice is largely invisible and unknown to consumers. To address the

Following on the heels of Facebook's decision to rescind a highly controversial move to store all content posted on the social network, new data has emerged to support consumers' increasing alarm over online privacy. The vast majority--80.1%--of Web surfers are indeed concerned about the privacy of their personal information such as age, gender, income and Web-surfing habits, according to a survey of some 4,000 Web users administered and analyzed by Burst Media. More worrisome, perhaps, is the finding that privacy concerns are prevalent among all age segments, including younger demographics that are coming of age online. Still, privacy concerns do appear to increase with age, from 67.3% among respondents ages 18-24 to 85.7% of respondents 55 years and older. "Online privacy is a prevailing concern for web surfers," said Chuck Moran, vice president of marketing for Burst Media. The survey was administered by Burst with the purpose of better understanding how privacy is impacting Web users' experiences online, as well as its impact on advertisers. "Advertisers must take concrete actions to mitigate consumers' privacy concerns and at the same time continue to deliver their message as effectively as possible," Moran added. "In addition, and as recently seen in the news flare up regarding Facebook's privacy controversy, publishers need to be completely transparent about their privacy policies." Facebook recently changed its terms of use agreement, which gave the Palo Alto, Calif.-based company the ability to store user-posted photos and other content, even after it was deleted by users themselves. Earlier this week, however, the company reverted to a previous version of its legal user guidelines after thousands of members protested that Facebook was claiming ownership over the content. In addition, the Burst survey found that most Web users believe Web sites are tracking their behavior online. Three out of five--62.5%--respondents indicated it is likely that a W

The Department of Homeland Security's Data Privacy and Integrity Advisory Committee has offered DHS Secretary Janet Napolitano 16 recommendations on how to best address privacy issues currently facing the department. The panel stressed that "the need to update the government's legal authority to protect and defend cyberspace in the U.S. classified intelligence systems raise specific and sometimes significant privacy issues, including the conflict between transparency and redress." The committee has asked that each DHS component - such as the Federal Emergency Management Agency and Office of Intelligence and Analysis - have a designated privacy officer that would report to the head of the section. The committee also "encourages DHS to continue to work toward policy and functional interoperability in the development of new systems and when making major modifications to existing systems," according to a letter from the committee hand delivered to Napolitano. Additionally, the panel said the 1974 Privacy Act has "not kept pace with the evolution of technology and developments in how data is collected, used, shared and stored. To the extent the Secretary is asked to submit recommendations to Congress for making the act more relevant and effective, the committee recommends that the secretary seek guidance from the Privacy Office staff, who are experts in applying the Act's provisions throughout the department." For more on the recommendations, read the committee's letter here.

Social media is on the rise, and so are the privacy and security risks. Is it time to dial back on the whole Web 2.0 'friend' thing? The social media honeymoon is officially over. While it may not yet be time to fly to Reno for a quickie divorce, you might want to start thinking about sleeping in separate bedrooms for a while. Example du jour: Over the weekend, a rogue application spread across Facebook, warning users about bogus errors in their profiles. Clicking on the "Error Check System" app causes it to send false warnings to your entire FB posse, per the unofficial AllFacebook blog. There doesn't seem to be any payload associated with that app besides driving traffic, but the potential for abuse is obvious. But a bigger problem on social nets is an old familiar one: spam. So far, spam only accounts for about 5 to 25 percent of all e-mail passed on social networks, versus 90 percent of regular e-mail, says Adam O'Donnell, director of emerging tech for Cloudmark, which filters spam for some large social nets (but won't identify which ones). As more people start tweeting about what their cats ate for lunch and share their Facebook profiles with near-total strangers, though, that number will only grow. The type of spam on social networks is different too, says O'Donnell. Think fewer fake Viagra come-ons, more social engineering scams. In other words, the junk you get on social networks is more likely to be aimed at stealing your credentials or your identity -- and thus much more dangerous than garden-variety spam.