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The US Department of Justice has asked for yet another extension to the judicial oversight of Microsoft's antitrust compliance in order to give the company more time to update its technical documentation. The original judgment had already been extended once to late 2009, but now the DOJ wants it extended again for another 18 months. The sanctions on Microsoft, which were agreed to in 2002 and originally set to expire in November 2007, are aimed at preventing the company from retaliating against hardware vendors that ship computers with alternatives to Microsoft's software products. An additional set of sanctions mandating interoperability API licensing had already been extended for another two years. When it came time for the decree to be lifted, however, Judge Colleen Kollar-Kotelly decided that Microsoft failed to provide protocol specification documents to competitors as required by the agreement. Because of this, she extended the oversight until November of 2009. In a document filed with Judge Colleen Kollar-Kotelly on Thursday, the DOJ requested another extension to her oversight of Microsoft's antitrust settlement, apparently because it feels Microsoft still has a ways to go before meeting the requirements. At the same time, a joint status report from Microsoft and the plaintiffs states that all parties seem to think that things are almost ready. "It is clear to Plaintiffs that Microsoft has made substantial progress in improving the technical documentation over the last two years," reads the report. "While the entire project has taken longer than any of the parties anticipated, the project is nearly complete." The request marks a reversal of the DOJ's previous position that it took in 2007 when it decided not to ask for an extension of the settlement while the attorneys general of ten states (the so-called California and New York Groups) pushed for extensions. At that time, the DOJ stated that it didn't believe that the standard for such an extension had b

The European Commission threatened Britain with sanctions on Tuesday for allowing an Internet service provider to use a new advertising technology to track the Web movements of customers. The European telecommunications commissioner, Viviane Reding, said that use of a tracking tool created by Phorm violated European privacy laws. The country's largest service provider, BT, acknowledged last April that it used the tool without customers' consent in 2006 and 2007, Ms. Reding said. "European privacy rules are crystal clear: a person's information can only be used with their prior consent," Ms. Reding said. The case could become a test for the limits of ads that aim at online behavior. Supporters of the practice say it has the potential to transform advertising by allowing marketers to show Internet users only ads that are considered relevant to them, based on their surfing habits.

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The European Commission started legal action against Britain on Tuesday for what the EU executive called a failure to keep people's online details confidential. EU Telecoms Commissioner Viviane Reding said the action related to how Internet service providers used Phorm (PHOR.L) technology to send subscribers tailor-made advertisements based on websites visited. Reding said Internet users in Britain had complained about the way the UK applied EU rules on privacy and electronic communications that were meant to prohibit interception and surveillance without the user's consent. "Technologies like Internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules," Reding said in a statement. "We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of the EU rules on the confidentiality of communications," Reding said. She called on Britain to change its national laws to ensure there were proper sanctions to enforce EU confidentiality rules. Unless Britain complies, Reding has the power to issue a final warning before taking the country to the 27-nation EU's top court, the European Court of Justice. If it rules in favour of the European Commission, the court can force Britain to change its laws. (Reporting by Huw Jones, editing by Dale Hudson)

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In court papers filed Wednesday, former federal prosecutor Richard Convertino called reporter David Ashenfelter's invocation of the Fifth Amendment, in an attempt to keep from having to reveal his confidential sources, both "speculative" and "unreasonable." Convertino urged the federal district court in Michigan to sanction Ashenfelter and to require him to present further evidence as to why he should not be held in contempt for his refusal at a December deposition to reveal the confidential sources. For the past two years, Convertino has been seeking Ashenfelter's testimony in hopes of boosting his Privacy Act lawsuit against the Department of Justice. Convertino claims DOJ violated the law by leaking to the press details of an investigation into Convertino's conduct during a terrorism trial. At a deposition in December, after Judge Robert Cleland in the Eastern District of Michigan ruled twice that Ashenfelter is not protected by a First Amendment reporter's privilege, the reporter invoked the Fifth Amendment right against self-incrimination.

The Federal Trade Commission (FTC) is planning to regulate online viral marketing that uses blogs and social networking sites. Marketers are spending billions worldwide to get the endorsements of key bloggers and groups on social networking sites. One tactic, used by Microsoft and others, is to send products to bloggers on 'long-term loans' on the understanding that they will comment about them on their sites. AdvertisementUnder the new regulations being proposed, such bloggers would be legally liable if they make untrue statements about the products or services. The companies too would face sanctions. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told The Financial Times. This is the first revision of the rules on this kind of advertising by the FTC since 1980 and is needed, according to the organisation, because new forms of communication have opened up new fields to marketing. "The guides needed to be updated to address not only the changes in technology, but the consequences of new marketing practices," said Richard Cleland, assistant director for the FTC's division of advertising practices. " Word-of-mouth marketing is not exempt from the laws of truthful advertising." Advertisers are resisting the changes, however, which threaten a highly effective form of marketing new products and services. "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim," Richard O'Brien, vice president of the American Association of Advertising Agencies, said in an advisory to the FTC.

The Federal Trade Commission (FTC) is getting tough on online viral marketing using blogs and other social networking sites. The proposed rules would make bloggers legally liable if they make untrue statements about products or services. Companies would face sanctions, too, if they use blogs and social networking sites to make untrue claims. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told vnunet.com. The rules have been a long time coming. It's the first revision of the FTC's advertising rules since 1980. New kinds of marketing have sprouted in the last 30 years, but this is the first time the FTC is paying attention to these kinds of advertising practices. Not everyone agrees that this is a good idea. Richard O'Brien, vice-president of the American Association of Advertising Agencies, told the website, "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim."

A 10-month cyberespionage investigation has found that 1,295 computers in 103 countries and belonging to international institutions have been spied on, with some circumstantial evidence suggesting China may be to blame. The 53-page report, released on Sunday, provides some of the most compelling evidence and detail of the efforts of politically-motivated hackers while raising questions about their ties with government-sanctioned cyberspying operations. It describes a network which researchers have called GhostNet, which primarily uses a malicious software program called gh0st RAT (Remote Access Tool) to steal sensitive documents, control Web cams and completely control infected computers. "GhostNet represents a network of compromised computers resident in high-value political, economic and media locations spread across numerous countries worldwide," said the report, written by analysts with the Information Warfare Monitor, a research project of the SecDev Group, a think tank, and the Munk Center for International Studies at the University of Toronto. "At the time of writing, these organizations are almost certainly oblivious to the compromised situation in which they find themselves." The analysts did say, however, they have no confirmation if the information obtained has ended up being valuable to the hackers or whether it has been commercially sold or passed on as intelligence. Although evidence shows that servers in China were collecting some of the sensitive data, the analysts were cautious about linking the spying to the Chinese government. Rather, China has a fifth of the world's Internet users, which may include hackers that have goals aligning with official Chinese political positions.

The Data Protection Directive is old-fashioned and out of date, a report published by the UK's privacy regulator the Information Commissioner's Office (ICO) has said. Commissioner Richard Thomas said that the European Union must change its legislation. The ICO commissioned RAND Europe to investigate whether or not 1995's EU Data Protection Directive was a good basis for Europe-wide data protection law. The research concluded that the law was flawed and needed to be updated. It found that the law must be clearer about what it seeks to achieve, that it should be better at forcing organisations to protect personal data in their charge, that it should encourage a more strategic approach to enforcement and that it does not deal well enough with the export of personal data outside the EU. Thomas said that the Directive, on which the UK's Data Protection Act is based, is outmoded. "The Directive is showing its age. Modern approaches to regulation mean that laws must concentrate on the real risks that people face in the modern world, must avoid unnecessary burdens, and must work well in practice," he said. "Organisations must embed privacy by design and data protection must become a top level corporate governance issue." RAND said that the Directive would be improved by its fundamental approach to ensuring data privacy being changed. It said that the law should focus on the protection of individuals and the security of their data, and not on the processes that lead to that. "The stronger, results oriented approach described in this report aims to protect data subjects against personal harm resulting from the unlawful processing of any data, rather than making personal data the building block of data protection regulations," said the report. "It would move away from a regulatory framework that measures the adequacy of data processing by measuring compliance with certain formalities, towards a framework that instead requires certain fundamental principles to be respected

On September 12, 2009, Maine's Act to Prevent Predatory Marketing Practices Against Minors (the "Act") will take effect. The Act prohibits businesses from knowingly collecting or receiving a minor's health-related information or personal information for marketing purposes without first obtaining verifiable parental consent. Businesses are also prohibited from using any health-related information or personal information regarding a minor for the purpose of marketing a product or service to the minor. Pursuant to the Act, the use of information in such a manner is a predatory marketing practice, which may be sanctioned as an unfair trade practice. The law also allows individuals subject to unlawful data collection or predatory marketing practices to bring a private right of action against violators. For businesses, the implications of Maine's new data collection and marketing restrictions are far-reaching. The scope of the law covers both online and off-line marketing activities, and the broad definition of personal information includes a minor's name in combination with any information concerning the minor. In light of the Act's restrictive requirements and considerable scope, businesses would be well-advised to evaluate their current marketing practices and age verification mechanisms. The text of the law is available here.

Identity theft concerns are focused on the security and necessity of the collection process. Collecting personal information just because you can is unsafe. Organizations can reduce privacy risks by not collecting unnecessary personal info. Once the data gets into the data life cycle pipeline, the cost of managing and destroying it escalates. The Federal Trade Commission estimates that as many as 9 million people have their identities stolen every year. According to the Privacy Rights Clearinghouse, more than 200 million instances of data breaches have occurred since the beginning of 2005, and they show no signs of letting up. In the first quarter of 2008 alone, more than 85 million incidents were reported. The causes of data breaches run the gamut: Hackers get unencrypted, transmitted data and data at rest; laptops are stolen or lost; storage Relevant Products/Services devices are lost by third-party shipping companies; flash drives or PDAs are left lying around; Social Security numbers are accidentally printed on envelopes; or data is found on discarded computers. This article examines the organizational risks to CPAs and their clients or corporate employers of improperly managed data throughout the data life cycle. It also discusses best data management practices and proper procedures for responding to a data breach. Data breaches, whatever the cause, are costly. According to a study by the Ponemon Institute, the average cost of a data breach in 2007 was $6.3 million. The average cost to an organization per record compromised is about $197, which is typically spent on phone calls for customer notification, providing free credit monitoring, discounts on membership fees, or discounts on merchandise to make up for the security Relevant Products/Services breach. Some organizations also experience an increase in customer turnover. The organization typically spends additional money in data protection Relevant Products/Services enhancements. Companies sanctioned by

"Recently, the Federal Trade Commission (FTC) has gotten tough with US companies that have not lived up to their own privacy promises to European consumers. In particular, it has filed complaints against seven US companies that claimed that they were adhering to the European Union's Safe Harbor Program, but allegedly were not. (The FTC issues or files a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints themselves are not a finding or ruling that the named parties have violated the law.) By taking action, the FTC has shown that the Safe Harbor program, as applied to US companies, is not a set of empty promises. Rather, the FTC is keeping watch over businesses and will sanction those that misrepresent their own policies. In this column, I will explain how the Safe Harbor program works, and also discuss the recent FTC enforcement actions."

"A Little Rock doctor was reprimanded and fined $500 by the Arkansas State Medical Board on Thursday for illegally accessing Anne Pressly's medical records as she lay unconscious in intensive care at St. Vincent Infirmary Medical Center before she died. Dr. Jay Douglas Holland, who has a family-practice clinic in the Hillcrest neighborhood, was also ordered to pay $265 to cover the cost of the board's investigation into the matter. Pressly, 26, was a news anchor for KATV-TV, Channel 7, when she was found raped and badly beaten in her Hillcrest home the morning of Oct. 20, 2008. She spent five days in intensive care before succumbing to her injuries."

"Doctor rapped over peeking at TV anchor's files Little Rock, Ark., doctor Jay Douglas Holland was reprimanded and fined $500 by the Arkansas State Medical Board for illegally accessing Anne Pressly's medical records as she lay unconscious in the intensive-care unit at St. Vincent Infirmary Medical Center before she died."

Visa Inc. last week removed breached payment processors Heartland Payment Systems Inc. and RBS WorldPay Inc. from its list of companies that are compliant with the PCI data-security rules. But analysts said the move may be more about protecting Visa itself than about safeguarding payment card data. In a terse statement issued last Friday, Visa said it was removing Heartland and RBS WorldPay from its list of service providers compliant with PCI (download PDF) in response to the recent data breaches disclosed by each company. The decision to delist the two payment processors was based on "compromise event findings," Visa said without elaborating. The company added that it would "consider" putting Heartland and RBS WorldPay back on the compliant list, but only after they are recertified by a third-party assessor. Meanwhile, reports posted by online news site BankInfoSecurity.com and several blogs that follow the payment card industry also cited a March 12 letter from a Visa executive to banks notifying them that Heartland was now "in a probationary period" during which it would have to meet more stringent security requirements than usual. Strictly speaking, Visa's actions mean that merchants can't use either Heartland or RBS WorldPay to process payments if they themselves want to remain compliant with the PCI rules, which are formally known as the Payment Card Industry Data Security Standard (PCI DSS), said Gartner Inc. analyst Avivah Litan.