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Former Booz Allen Hamilton management consultant Melissa Hathaway's much anticipated 60-day review of U.S. cybersecurity policy is scheduled to hit President Obama's desk this Friday. All eyes of the tech security community will be watching. It will signal what approach Obama will take in the complicated task of stemming cyber threats. Obama has said he will make the Internet safer for citizens and businesses, while playing catchup to China and Russia who are far ahead in the cyberwarfare arms race. "We're trying to do cybersecurity in a democracy," says Leslie Harris, President and CEO of the Center for Democracy & Technology. "Doing cybersecurity in China, my guess, is a lot easier." CDT held a press briefing this morning at which it warned that a cybersecurity bill, introduced earlier this month by Sen. John Rockefeller, D-W.Va, and Sen. Olympia Snowe, R-Maine, is the first of several that likely will be proposed once Hathaway's review is out. Harris said CDT agrees with a provision in the Rockefeller-Snowe bill that would create a cabinet-level cybersecurity adviser reporting directly to President Obama, but questions some of the extraordinary federal enforcement powers that could be created. CDT says it doesn't want citizens' civil liberties trampled upon. CDT general counsel Greg Nojeim gave Hathaway high marks for keeping her review process relatively open, in contrast to the Bush administration's penchant for secrecy. "So far the White House review team gets high grades on transparency," Nojeim said. Hathaway has held closed briefings in the past several weeks with Congressional committees, industry groups and privacy organizations, said Nojeim. "But the real test will be whether their recommendations reflect a commitment to transparency in the execution of the program," said Nojeim.

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DURING the Parliament session on Monday, MP of Ang Mo Kio GRC Ms Lee Bee Wah, asked the Minister of Information, Communications and Arts, Dr Lee Boon Yang, whether a comprehensive privacy law will be introduced to protect the privacy of individuals and their personal data. She also queried about the existing laws which are in place to protect people from spam mails and unauthorised sale of personal information, as well as protecting people whose photographs are posted on blogs and other new media platforms. Dr Lee's reply was: "The Government recognises the importance of data protection and the need to protect personal data. At the same time, we also appreciate the impact of data protection on businesses and the general public. I had previously informed the House that an Inter-Ministry Committee is reviewing Singapore's data protection regime. This review is on-going. We are currently looking into developing a data protection model that can best address Singapore's privacy concerns, commercial requirements and national interest. As data protection is a complex issue with extensive impact on all stakeholders, this review will take some time." With regards to unauthorised Use of personal data, he replied: "While there is currently no generic data protection law, it does not mean that there is no protection of personal data. In fact we have in place strict provisions in sectoral laws, such as the Banking Act and codes for medical professionals to protect sensitive financial and health information. There are also other industry codes of practices against the unauthorised use of personal information. For example, in the telecommunications sector, under the Telecom Competition Code, IDA requires licensees to take reasonable measures to prevent the unauthorised use of End User Service Information. A telecom licensee would be in breach of the Code if it shares with third parties its customers' information that was obtained from the use of its service, without the cust

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

In a move that could reshape the federal government's cybersecurity efforts, President Obama on Monday said a former Booz Allen consultant would conduct an immediate two-month review of all related agency activities. The announcement indicates that the White House's National Security Council may wrest significant authority away from the U.S. Department of Homeland Security, which weathered withering criticism last fall for its lackluster efforts. Obama selected Melissa Hathaway, who worked for the director of national intelligence in the Bush administration and was director of an multi-agency "Cyber Task Force," to conduct the review with an eye to ensuring that cybersecurity efforts are well-integrated and competently managed. "The president is confident that we can protect our nation's critical cyber infrastructure while at the same time adhering to the rule of law and safeguarding privacy rights and civil liberties," said John Brennan, the president's homeland security adviser. Hathaway's appointment comes as Obama plans to overhaul the National Security Council, expanding its membership and effectively centralizing more decision-making in the White House staff. That would vest more authority in a staff run by James L. Jones, a former Marine Corps commandant who warned at a speech in Munich over the weekend that terrorists could use "cyber-technologies" to cause catastrophic damage. During a panel discussion that CNET News wrote about last fall, Hathaway defended Homeland Security's efforts to develop what it called a National Cyber Security Initiative, saying there was "unprecedented bipartisan support" for it. "Over the past year cyber exploitation has grown more sophisticated, more targeted, and we expect these trends to continue," she added. "Our cybersecurity approach to date has not kept up with the threats we've seen."

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."

THE Government is looking to develop a way to protect individuals' personal data that can 'best address' three issues. These are privacy concerns, commercial requirements and national interest. An inter-ministry committee is already reviewing the issue, said Minister for Information, Communications and the Arts Lee Boon Yang. 'As data protection is a complex issue, with extensive impact on all stakeholders, this review will take some time,' he said. He said this in a written reply to a question posed by Ms Lee Bee Wah of Ang Mo Kio GRC in Parliament on Monday. She had asked if his ministry will consider a comprehensive privacy law, and wanted to know what laws there are to protect people from spam mail and the unauthorised sale of personal information. Also, what about those whose photographs have been posted on blogs and other new media platforms without their authorisation, she had asked. This would be considered a 'civil matter', said Dr Lee. 'The aggrieved persons could first ask the site's webmaster to remove the pictures,' he said. 'As with matters relating to online libel and personal defamation, they could also seek professional legal advice to determine the most appropriate legal recourse.' As for the protection of personal data, the minister said that although no generic data protection law exists, such data is still protected. He listed the various measures that are already in place. For instance, there are 'strict provisions' in sectoral laws such as the Banking Act, and codes for medical professionals to protect sensitive financial and health information, he said. There are also other industry codes of practices against the unauthorised use of personal information, he added. For example. the Telecom Competition Code requires licensees to take 'reasonable measures' to prevent the unauthorised use of consumers' information. In addition, there is a voluntary privacy code, which has been adopted by many companies in the private sector, said Dr

Twenty-three of the 24 major U.S. government agencies contain weaknesses in their information security programs, potentially placing sensitive data at risk to exposure, according to a government report issued this week. The U.S. Government Accountability Office (GAO) studied how the agencies were responding to the regulations described in the Federal Information Security Management Act of 2002 (FISMA). The mandate requires government entities to develop and implement an agencywide information security program. Inspectors general conduct annual reviews of agency progress. The GAO review, which took place between last December and this month, concluded that, partly based on inspectors general and federal Office of Management and Budget (OMB) reports, that 23 of 24 agencies contain lax controls to ensure that only approved users can access system data. Meanwhile, 22 of 24 agencies described information security as a "major management challenge," according to the report.

Difficult economic times can be the breeding ground for increased fraudulent activities. In July 2009, the Financial Crimes Enforcement Network (www.fincen.gov) published its 12th edition of The SAR Activity Review - By the Numbers. SARs (Suspicious Activity Reports) are one key aspect of FinCEN's efforts related to its responsibility for regulatory administration of the Bank Secrecy Act of 1970. Many different financial industries such as banks, credit unions, insurance companies, check-cashing services, broker/dealers, and casinos are required to complete and file SARs. According to FinCEN's press release on the SAR Activity Review, "The report reveals that of the 20 different violation types tracked, seven of the categories relate specifically to fraud and all seven showed an increase in SAR filings during the year. While these categories represent one-third of the possible violation types, they accounted for nearly half of the increase in total SAR filings from 2007 to 2008, with all of the fraud categories seeing double-digit increases in percentage of filings in 2008. These categories are: check fraud, mortgage loan fraud, consumer loan fraud, wire transfer fraud, commercial loan fraud, credit card fraud, and debit card fraud." Could any of this apply to you? Are your control and monitoring processes able to identify these examples of common patterns of suspicious activity that FinCEN has identified?

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.

"Federal agents can examine webcam photos and other information secretly collected from students' laptops and stored in the Lower Merion School District's computer network, a judge has ruled. Acting on a request from federal prosecutors, U.S. District Judge Jan E. DuBois agreed to broaden an earlier order that limited the release of the photos to the students or their parents and lawyers. His order was signed Friday and made public Monday. FBI agents and prosecutors want to review the images to see whether any laws were broken when school district employees activated a tracking system that snapped photos and copied screen images from lost or stolen laptops. Lower Merion school officials have acknowledged poor planning and oversight led the tracking system to capture at least 50,000 images - some showing teens or their relatives in their homes - from laptops that had already been returned to students."

Confused by the difference between privacy & security? What might your kid's laptop camera capture if it was secretly turned on by their school while searching for stolen laptops? Soon the FBI will be able to tell you.

Twitter Inc. has launched a comprehensive review of the defenses in its popular social network and microblogging service after hackers hijacked the accounts of several high-profile users on Monday. In interviews this week, analysts said they were surprised that sites such as Twitter, which are potentially hot targets for hackers and phishers, had long avoided such major attacks, and thus strong scrutiny by its corporate users. Since the widely publicized hack of Twitter, analysts said they are closely watching how the site and especially its corporate customers respond to the security breach.

Regulators are examining Apple Inc's disclosures about Chief Executive Officer Steve Jobs' health problems to ensure investors were not misled, Bloomberg said, citing a person familiar with the matter. The Securities and Exchange Commission's review does not mean investigators have seen evidence of wrongdoing, the person told Bloomberg. The person declined to be identified because the inquiry is not public, the news service reported. Both the SEC and Apple declined to comment on the matter. Jobs, who earlier had said he had an easily treatable "hormonal imbalance," said last week his problems were "more complex" than originally thought, and he would take a medical leave of absence for six months. In 2004, Jobs was treated for a rare type of pancreatic cancer called an islet-cell, or neuroendocrine, tumor. Such tumors can be benign or malignant, but they usually grow slowly and are far less deadly than most pancreatic tumors.

The Government Accountability Office issued another scathing report saying that federal agencies still don't do enough to secure government IT assets. "Persistent weaknesses in information security policies and practices continue to threaten the confidentiality, integrity and availability of critical information and information systems used to support the operations, assets and personnel of most federal agencies," Gregory Wilshusen, GAO director of information security issues, wrote in a 66-page report issued Friday. "Recently reported incidents at federal agencies have placed sensitive data at risk, including the theft, loss, or improper disclosure of personally identifiable information of Americans, thereby exposing them to loss of privacy and identity theft." In a written response accompanying the report, federal CIO Vivek Kundra said OMB is committed to the vision of a secure federal government, and are taking steps to make that vision a reality. OMB, he said, has initiated a review of the language in the current reporting instructions to identify and clarify confusion in the annual reporting. OMB also is working with the CIO Council and the Council of Inspectors General on Integrity and Efficiency to improve guidance to agencies. The GAO report also said that nearly all of the 24 major federal agencies last year had weaknesses in information security controls. "An underlying reason for these weaknesses is that agencies have not fully implemented their information security programs," Wilshusen said. "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."

1. You get what you pay for. 2. Americans do not take information or security as seriously as they do their love for profit & cost savings. If one does not value what they are trying to protect accurately, the investment one is prepared to make will always be insufficient. Then there are hindsight and rationalization (a.k.a. politicians) - Karl The Government Accountability Office issued another scathing report saying that federal agencies still don't do enough to secure government IT assets. "Persistent weaknesses in information security policies and practices continue to threaten the confidentiality, integrity and availability of critical information and information systems used to support the operations, assets and personnel of most federal agencies," Gregory Wilshusen, GAO director of information security issues, wrote in a 66-page report issued Friday. "Recently reported incidents at federal agencies have placed sensitive data at risk, including the theft, loss, or improper disclosure of personally identifiable information of Americans, thereby exposing them to loss of privacy and identity theft." In a written response accompanying the report, federal CIO Vivek Kundra said OMB is committed to the vision of a secure federal government, and are taking steps to make that vision a reality. OMB, he said, has initiated a review of the language in the current reporting instructions to identify and clarify confusion in the annual reporting. OMB also is working with the CIO Council and the Council of Inspectors General on Integrity and Efficiency to improve guidance to agencies. The GAO report also said that nearly all of the 24 major federal agencies last year had weaknesses in information security controls. "An underlying reason for these weaknesses is that agencies have not fully implemented their information security programs," Wilshusen said. "As a result, agencies have limited assurance that controls are in place and operating as intended to protect their inf

"The attempted attack on a Detroit-bound flight last week, along with the events preceding and following it, has provided a snapshot of the ongoing struggle to balance civil liberties and national security. President Obama on Tuesday admitted a "systemic failure" on multiple levels in the run-up to the attempted bombing. Suspect Umar Farouk Abdulmutallab was in a terror database of more than a half-million people but was not on a "no-fly" list. The administration has initiated a review of airport security and the watch-list system in the wake of the failed plot. But so far, analysts say what happened is emblematic of the struggle between privacy and security interests. "It's just (an) inability to understand the right way to strike the balance that's at fault," said constitutional attorney David Rivkin. Airlines don't have access to the government's comprehensive terrorist database. They screen travelers based on the smaller, "no-fly" list."

Perhaps this is more a question of trust (not privacy) versus security. Do we really trust our government and its agents to handle private information securely?

"A UN watchdog has called for a new international agreement on privacy following a review of the expanding global array of surveillance measures and databases advanced by governments in the cause of counter-terrorism. The special rapporteur on human rights, Martin Scheinin, said the UN should create a "a global declaration on data protection and data privacy" in response. His report, delivered to the UN's Human Rights Council, describes the expansion of watchlists, border checks, financial data sharing, interception of communications, biometrics and ID registers in recent years. "States no longer limit exceptional surveillance schemes to combating terrorism and instead make these surveillance powers available for all purposes," he added."

The Oklahoma Department of Human Services (DHS) is notifying more than one million state residents that their personal data was stored on an unencrypted laptop that was stolen from an agency employee. The computer file contained the names, Social Security numbers, birth dates and home addresses of Oklahoma's Human Services' clients receiving benefits from programs such as Medicaid, child care assistance, nutrition aid and disability benefits, the agency announced Thursday. The computer, which was stolen when a thief broke into the car April 3 after the employee stopped on her way home from work, was password protected, and officials do not believe the burglar realized what he or she was stealing. Therefore, the risk of the data being accessed is minimal, according to the agency. "We feel this was not a situation where someone was targeting the agency or that information," DHS spokeswoman Mary Leaver told SCMagazineUS.com on Friday. "We feel it was random." Leaver said the state Office of Inspector General is conducting an investigation, out of which likely will come a mandatory review of information security policies. However, it is not believed the employee violated existing policy when the incident occurred, she said. News of the theft comes one day after the Ponemon Institute, in conjunction with Intel, released a study that found the average value of a lost laptop is $49,246. About 80 percent of the cost is related to the chance that a breach could occur, the study showed.

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

Cable operators will sit in the hot seat Thursday as Congress reviews their plans to roll out targeted advertising amid fears that consumer privacy could be infringed if the companies were to track and record viewing habits. The House subcommittee on Communications, Technology and the Internet will hold a hearing that will look at new uses for digital set-top boxes, the devices that control channels and perform other tasks on the TV screen. Cable TV companies plan to use such boxes to collect data and direct ads more targeted to individual preferences. "We have recently called on Congress and the Federal Trade Commission to investigate cable's new interactive targeted TV ad system on both antitrust and privacy grounds," said Jeff Chester, executive director of the Center for Digital Democracy. He's concerned about Canoe Ventures, a consortium formed by the nation's six largest cable companies to oversee the rollout of targeted and interactive ads nationally. Chester worries that Canoe will track what consumers do in their homes. Currently, cable companies aim their ads based strictly on geography. Now, cable's goal is to take the Internet's success with targeted ads and transfer that to the TV medium. Thus, a household that watches a lot of Nickelodeon and the Disney Channel eventually could be targeted for theme parks promotions. This type of targeting is something broadcast TV can't do. For starters, Canoe plans to offer ads this summer that consider demographic factors such as age and income. Philadelphia-based Comcast Corp. and Cablevision Systems Corp. of Bethpage, N.Y., also have been testing or rolling out targeted ads outside the consortium. But cable operators are wary about being seen as trampling on consumer privacy and reiterate that they don't plan to target based on any personally identifiable information, such as someone's name and address. Canoe said it doesn't have plans this year to use set-top box data for ads. Instead, the first ads it pl

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.

As if you needed another sign that times are tough, here's a fairly reliable measure: The number of cases handled by the advertising industry's best-kept secret -- self-regulation -- are on the rise. Last year the National Advertising Division of the Council of Better Business Bureaus handled 214 cases, up 22% from 2007. And in 2008 ad challenges, in which one advertiser challenges a competitor's claim, rose 31% to 81 cases. Why the increased activity? It's a deadly fight for share of market out there, and in down times advertisers tend to revert to hard-hitting comparative advertising. NAD's purpose is to substantiate these kinds of attack ads, and it can do it faster and cheaper than litigation can. The Federal Trade Commission seems to like the idea of letting advertisers settle their own disputes. When the National Advertising Review Council, the body that sets the policies and procedures for the NAD to enforce, started 38 years ago, then-FTC Chairman Bob Pitofsky wasn't an early convert. "If the truth be known," he said 10 years ago, "there was some skepticism about how the whole thing would work. The FTC had been burned time and time again by unkept promises of self-regulation by other industries. But this group has proved the skeptics wrong. Today, advertising has the best self-regulatory system of any industry in the country." The outgoing chairman of the FTC, William Kovacic, is also a fan. But the current crop of FTC commissioners don't seem as convinced, although they seem somewhat willing to give self-regulation a chance. In issuing guidelines for online behavioral advertising, FTC Commissioner Jon Leibowitz said the industry needs to do a better job of "meaningful, rigorous self-regulation, or it will certainly invite legislation by Congress and a more regulatory approach by our commission."A joint industry task force quickly seized on that statement as an endorsement for self-regulation, and said it supported FTC's goal of a "comprehensive and eff