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Jan 15, 2009 There may be only a handful of days left in the Bush administration, but the brouhaha over White House e-mail retention policies promises to continue right up to the last day. A federal court yesterday extended a preservation order to ensure that the outgoing administration does everything it can to recover any missing White House e-mails. The White House IT staff now has five days to scour workstations for missing e-mail before administration data records are archived on Jan. 20. The ruling, by U.S. District Judge Henry Kennedy Jr., also orders staff of the Executive Office of the President (EOP) to relinquish any digital media that may contain e-mails from March 2003 and October 2005. The legal action is the latest resulting from a lawsuit filed in September 2007 by the National Security Archive against the EOP, seeking to preserve and restore White House e-mails it alleged were missing. "There is nothing like a deadline to clarify the issues," Tom Blanton, the National Security Archive's director, said in a statement. "The White House will complain about the last-minute challenge, but this is a records crisis of its own making." The Archive, an independent nongovernmental research institute based at George Washington University, is a repository of government records and does not receive U.S. government funding. The Citizens for Responsibility and Ethics in Washington (CREW), a left-wing public advocacy group, also filed suit, but its legal action was subsequently consolidated with the Archive's legal action, which is taking place in the U.S. District Court for the District of Columbia. Last May, the White House's top tech staffer acknowledged that three months of data were missing from backup tapes. In earlier testimony before a congressional committee, White House technical staff said millions of e-mails from the past eight years could potentially have been erased. Also yesterday, Magistrate Judge John M. Facciola held an emergency status con

It's unclear whether a report being prepared for President Barack Obama on federal information security preparedness will support recent calls for the creation of a new cybersecurity office within the White House, two lawmakers said last week. Instead, the report may recommend a more collaborative and cooperative strategy among federal agencies on the issue of cybersecurity without a single agency or department in charge, they said. Members of the U.S. House Cybersecurity Caucus met with Melissa Hathaway, acting senior director for cyberspace for the National Security Council and Homeland Security Council. Hathaway, who is conducting a 60-day review of federal cybersecurity preparedness on behalf of the president, Thursday presented a status report to members of the caucus. Speaking with reporters after the briefing, Rep. James Langevin (D-R.I.), co-chair of the caucus, and Rep. Yvette Clarke (D-N.Y.), chairwoman of a subcommittee within the Committee on Homeland Security, said it was unclear yet what Hathaway might recommend. Rather than "include another structure" within the White House, there may be a call for an increase in staffing within the White House Office of Management and Budget (OMB) in a bid to improve its current role of overseeing government cyberaffairs, said Langevin. Chances are "there will not be one king," he said. Langevin co-chaired a commission at the Center for Strategic and International Studies, a bipartisan think tank, that has called for the creation of a centralized cybersecurity office in the White House to be named the National Office for Cyberspace. The new office could combine the National Cyber Security Center (NCSC) and the Joint Interagency Cyber Task Force, two existing agencies that are handing cybersecurity today. The U.S. Government Accountability Office (GAO) has also called for a new office dedicated to cybersecurity within the White House. Calls have been prompted by what is perceived as the inability of the U.S. De

As the National Security Council works on its comprehensive review of federal cybersecurity programs for President Obama, it is going to great lengths to consider privacy and civil liberty issues, some Congress members said Thursday. The House Cybersecurity Caucus on Thursday met with Melissa Hathaway, the acting senior director for cyberspace for the National Security and Homeland Security Councils, who is conducting for the administration a 60-day cybersecurity review. Rep. James Langevin (D-R.I.), co-chair of the House Cybersecurity Caucus, said Hathaway has been meeting with privacy and civil liberties groups to receive their input on how to reform cybersecurity. Those issues are "a forethought rather than an afterthought," he said. "Because these are such powerful tools (to grant federal authorities to regulate cyberspace), we're going to have to have the buy-in of the public and have their support." While the Senate is working on its own plan for White House-run cybersecurity efforts, Langevin said Hathaway's assessment may ultimately suggest a strategy with a stronger emphasis on inter-agency efforts. Langevin said it is still unclear whether Hathaway will recommend that a new office for cybersecurity should be created within the Executive Office of the President--a move some senators are pushing for. Certainly, though, policy will have to come from the White House. "This is going to have to be an ongoing strategy of collaboration and cooperation directed out of the White House," Langevin said. "But there won't be one king, so to speak, at the end of the day. The chief information officers at the departments and agencies are still going to have a role to play."

Legislation to reform the Federal Information Security Management Act of 2002 will be introduced in the Senate on Tuesday, a Senate staffer who helped draft the bill told a panel at the RSA Conference in San Francisco on Thursday. Erik Hopkins' presentation provided further evidence that the White House could assume greater control in coordinating federal government security. In the panel - The New FISMA: Security Finally Transcends Compliance - Hopkins offered a diagram illustrating the bill that showed a cyber office reporting directly to the president. Hopkins, who works for the Senate Committee on Homeland Security and Governmental Affairs, was the third federal official addressing conference attendees to suggest the White House will be given more authority in safeguarding federal government information systems. On Wednesday, Obama administration cybersecurity advisor Melissa Hathaway - who last week submitted to the president an assessment of federal cybersecurity policy - said the White House must lead federal government cybersecurity efforts. A day before, National Security Agency Director Keith Alexander said NSA would not lead the nation's cybersecurity efforts, suggesting a greater role for the White House. Hopkins said the benefits of FISMA reform includes improved coordination of security efforts, better economies of scale and greater situational awareness of security threats such as knowing where they originate and how the government will respond.

Obama administration cybersecurity advisor Melissa Hathaway, in her much anticipated speech before the RSA Conference on Wednesday, suggested that the findings of a study she submitted Friday to President Obama calls for cybersecurity policy to be run from the White House. "The White House must lead the way forward with leadership that draws upon the strength, advice and ideas of the entire nation," said Hathaway, acting senior director for cyberspace for the National Security and Homeland Security Councils. Scant on details, Hathaway in her 2,400-word speech did not explain how federal cybersecurity should be governed, even if it's based in the White House. Two months ago, President Obama charged Hathaway to head up a team to review current cybersecurity policies and processes. "It can be said that the federal government is not organized appropriately to address this growing problem because responsibilities for cyberspace are distributed across a wide array of federal departments and agencies, many with overlapping authorities and none with sufficient decision authority to direct actions that can address the problem completely," Hathaway said. "We need an agreed way forward based on common understanding and acceptance of the problem." Hathaway said the team she assembled addressed all missions and activities associated with the information and communications infrastructure, including the missions of computer network defense, law enforcement investigations, military and intelligence activities and the intersection of information assurance, counter intelligence, counter terrorism, telecommunications policies and general critical infrastructure protection. Task force members held more than 40 meetings with different stakeholder groups during the 60 days and received and read more than 100 papers that provided specific recommendations and goals, she said. "We identified over 250 needs, tasks, and recommendations," Hathaway said. "We also solicited input from gov

Feds would spend $20 billion on health IT if Senate and House agree in coming weeks. The House-passed version of the economic stimulus bill includes about $20 billion in spending for health IT. The bill, known as H.R. 1 or the American Recovery and Reinvestment Act of 2009, would make Medicare and Medicaid providers and hospitals eligible for incentive payments for using certified e-health records technology. It also supports health information exchanges, standards development and conformance testing, a chief privacy officer for health IT and other aspects of health IT. The portion of the bill called the Health Information Technology for Economic and Clinical Health Act -- the Hitech Act, for short -- and health IT spending provisions passed largely unchanged from the bills introduced earlier this month. The Senate is expected to take up a similar bill in the first week of February. The Senate bill now calls for $23 billion in health IT spending. Once it is passed, a House-Senate conference will need to resolve differences between the bills. Congressional leaders aim to send President Barack Obama the bill by mid-February.

Following complaints from Republicans, the White House has shut down a two-week-old e-mail tip line launched to take reports from citizens of "disinformation about health insurance reform." "An ironic development is that the launch of an online program meant to provide facts about health insurance reform has itself become the target of fear-mongering and online rumors that are the tactics of choice for the defenders of the status quo," wrote White House new media director Macon Phillips in announcing the change. "The White House takes online privacy very seriously," he added. The e-mail tip line, flag@whitehouse.gov, was launched Aug. 4 as part of the White House's Health Insurance Reform Reality Check effort, a campaign-style rapid-response effort reminiscent of the war room Obama for America launched in the summer of 2008 to fight online rumors about the then-senator's patriotism and religion. But coming from the head of state, rather than a political candidate, the new effort quickly sparked concern among Republicans about the propriety of government collecting information on private citizens' political speech.

"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."

The Nature of the Problem Identity theft has been referred to by some as the crime of the new millennium. It can be accomplished anonymously, easily, with a variety of means, and the impact upon the victim can be devastating. Identity theft is simply the theft of identity information such as a name, date of birth, Social Security number (SSN), or a credit card number. The mundane activities of a typical consumer during the course of a regular day may provide tremendous opportunities for an identity thief: purchasing gasoline, meals, clothes, or tickets to an athletic event; renting a car, a video, or home-improvement tools; purchasing gifts or trading stock on-line; receiving mail; or taking out the garbage or recycling. Any activity in which identity information is shared or made available to others creates an opportunity for identity theft. It is estimated that identity theft has become the fastest-growing financial crime in America and perhaps the fastest-growing crime of any kind in our society. Identity Theft: Is There Another You?: Joint hearing before the House Subcomms. on Telecommunications, Trade and Consumer Protection, and on Finance and Hazardous Materials, of the Comm. on Commerce, 106th Cong. 16 (1999) (testimony of Rep. John B. Shadegg). The illegal use of identity information has increased exponentially in recent years. In fiscal year 1999 alone, the Social Security Administration (SSA) Office of Inspector General (OIG) Fraud Hotline received approximately 62,000 allegations involving SSN misuse. The widespread use of SSNs as identifiers has reduced their security and increased the likelihood that they will be the object of identity theft. The expansion and popularity of the Internet to effect commercial transactions has increased the opportunities to commit crimes involving identity theft. The expansion and popularity of the Internet to post official information for the benefit of citizens and customers has also increased opportunities to obtain

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The House Energy and Commerce Committee is slated to vote Wednesday on legislation that would require strong security policies from firms that collect and store individuals' sensitive information and provide for nationwide notification in the event of a data breach. The bill was sponsored by House Energy and Commerce Commerce, Trade, and Consumer Protection Subcommittee Chairman Bobby Rush, D-Ill., and was tweaked to win his panel's approval in June, but more revisions are expected.

The House Energy and Commerce Committee is slated to vote Wednesday on legislation that would require strong security policies from firms that collect and store individuals' sensitive information and provide for nationwide notification in the event of a data breach. The bill was sponsored by House Energy and Commerce Commerce, Trade, and Consumer Protection Subcommittee Chairman Bobby Rush, D-Ill., and was tweaked to win his panel's approval in June, but more revisions are expected.

The federal government would subsidize up to 65% of COBRA health insurance payments for many individuals who have lost their jobs since Sept. 1, 2008, under an $825 billion stimulus package unveiled by House Democrats. COBRA provisions are supported by health insurance groups, including America''s Health Insurance Plans and the National Business Group on Health. However, AHIP said other parts of the plan tying increased investment in health information technology to stricter scrutiny of how health IT records are handled would make it more difficult for plans to coordinate care and streamline administrative costs. Dubbed the American Recovery and Reinvestment Act, the House bill allocates $39 billion to aid individuals attempting to continue paying health insurance premiums through the 23-year-old Consolidated Omnibus Budget Reconciliation Act program. COBRA allows employees who are terminated or leave their jobs voluntarily to remain in their former employer''s group health plan for up to 18 months, which can be extended to 36 months for those with extenuating life circumstances. However, because COBRA enrollees can be charged up to 102% of the full cost of coverage, many find the plans prohibitively expensive and, according to Hewitt Associates Inc., only about 20% enroll. A recent report by the consumer group Families USA found monthly COBRA premiums for family coverage were $1,069, or 83.6% of the average monthly unemployment insurance benefit of $1,278. In nine states, average COBRA payments exceeded unemployment benefits, the group found. Health groups have been largely supportive of the proposal, with AHIP President Karen Ignagni writing in a letter to House Speaker Nancy Pelosi that the group believes the move would "help ensure continuity of coverage and serve as an important lifeline for many workers who do not qualify for Medicaid, but still need help paying their health insurance premiums."

Protecting National Security and Privacy: Approaches of New Administrations in the U.S. and Europe. In celebration of Data Privacy Day 2009, The Triangle Center on Terrorism and Homeland Security, along with Intel Corporation, hosted a Panel Discussion on The Future of Privacy and National Security. Participants included leading experts from the United States Departments of Homeland Security, Justice and State, the European Commission, the Council of European Union, and privacy experts from the private sector and academia. A PODCAST of this event is now available on iTunes U.

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This FFIEC Financial Privacy InfoBase contains resource documents, audio presentations, and interactive training material for FFIEC agency examiners. InfoBase resources are organized to support independent study and research and are not presented as formal linear training.

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Cyber Security Training Overview The OISPP provides training and access to other training resources for government entities. These resources are collected from numerous sources. The OISPP will continue to update this web site as new training resources become available. * Information Security Leadership Academy * OISPP Security and Privacy Training * Free Online Training Resources * Other Free Training Resources Obtained Through the OISPP

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