It was only a matter of time! Auditor accuracy being examined in lawsuit may signal change in PCI and other compliance processes.

When CardSystems Solutions was hacked in 2004 in one of the largest credit card data breaches at the time, it reached for its security auditor's report. In theory, CardSystems should have been safe. The industry's primary security standard, known then as CISP, was touted as a sure way to protect data. And CardSystems' auditor, Savvis Inc, had just given them a clean bill of health three months before. Yet, despite those assurances, 263,000 card numbers were stolen from CardSystems, and nearly 40 million were compromised. More than four years later, Savvis is being pulled into court in a novel suit that legal experts say could force increased scrutiny on largely self-regulated credit card security practices. They say the case represents an evolution in data breach litigation and raises increasingly important questions about not only the liability of companies that handle card data but also the liability of third parties that audit and certify the trustworthiness of those companies. "We're at a critical juncture where we need to decide . . . whether [network security] auditing is voluntary or will have the force of law behind it," says Andrea Matwyshyn, a law and business ethics professor at the University of Pennsylvania's Wharton School who specializes in information security issues. "For companies to be able to rely on audits . . . there needs to be mechanisms developed to hold auditors accountable for the accuracy of their audits." The case, which appears to be among the first of its kind against a security auditing firm, highlights flaws in the standards that were established by the financial industry to protect consumer bank data. It also exposes the ineffectiveness of an auditing system that was supposed to guarantee that card processors and other businesses complied with the standards. Credit card companies have touted the standards and the auditing process as evidence that financial transactions conducted under their purview are secur

Global employers still have trouble finding the right people for open positions, even as candidate resumes pile up amid recession. A global talent crunch has eased slightly, but is set to worsen in coming years because of demographic trends, according to an annual survey by global employment services company Manpower Inc. Worldwide, 30 percent of employers reported trouble filling positions because of the lack of suitable talent, down slightly from 31 percent who said so a year ago, according to Manpower, which polled 39,000 employers in 33 countries. While many more people are looking for work, they often lack the skills, or experience, that employers need.

More likely, a lack of competent recruiting talent.

When it comes to online privacy, we all appreciate the risk of publicizing juicy factoids such as incriminating photos or credit card numbers. But few of us realize a subtler threat: In abundance, innocuous, everyday data can divulge sensitive information as well. Some questions shouldn't be asked. Employers, for instance, generally are not allowed to discriminate based on marital status, sexual orientation and so on. But our growing digital footprint is threatening our ability to dodge inappropriate inquiries. Through data mining, employers, insurers, advertisers and others can infer the answers to private questions without even asking. They need two things: a heap of personal data, and the techniques to crunch it. Both are readily available. People generate and share more information than ever before. Besides consciously generated Web content such as blogs, Facebook profiles and YouTube videos, a steady stream of data is exchanged in the background. Companies track our searches, browsing and shopping behavior. Personal electronic devices can silently disclose our location while we post status updates and photos to the Web. All this seems innocent enough - and the more others do it, the safer we all feel. After all, what's one more Twitter update among millions?

The Army says it's investigating allegations that eight male soldiers took pictures and video of as many as 21 female soldiers in their unit showering at Fort Dix. The photos were allegedly taken last fall, before the 266th Military Police Company of the Virginia Army National Guard shipped out to Iraq in December. Lt. Col. Christopher Garver said Friday the Army is conducting a criminal investigation and that no charges have been filed. Fort Dix spokeswoman Carolee Nisbet says the allegations are disappointing. She said most soldiers who train at the New Jersey installation before being deployed "live up to the Army values." The 266th is now serving in Basra. A spokesman for the Virginia Army National Guard did not immediately return a phone call seeking comment.

Cyber espionage, attacks, breaches, viruses - they are all among the concerns President Barack Obama cited Friday when he announced he will create a new White House office of cyber security, with that cyber czar reporting to the National Security Council as well as to the National Economic Council. The nation's vulnerability to cyber attacks has long been a concern. The Center for Strategic and International Studies said in a December report that the U.S. Defense Department alone has said its computers are probed hundreds of thousands of times each day. These publicly known cases of hacks, thefts and viruses at government, military, utilities and educational sites are just some examples

Next week, the White House will launch a blog to discuss the Obama administration's open government initiative. In a nod to openness and citizen participation in government, the administration also plans to soon open White House blogs to public comments. In a speech to an annual National Archives and Records Administration conference, Beth Noveck, deputy CTO of the open government initiative at the Office of Science and Technology, asserted that the Obama administration continues to make strides toward opening up the government's data and operations to public scrutiny.

Open government? America might just have to learn to read again.

Proof that George Bush was actually protecting us by limiting access to government information!

At the National Archives and Records Administration's annual conference Thursday, one keynote speaker asked the crowd of several hundred how many of the archivists in attendance were sold on the use of social media. Only a smattering raised their hands. Clearly, it's a challenge for the government to figure out how to navigate complex archival and e-discovery regulations that require it to capture and store all sorts of new content in the age of social media, cloud computing, and seemingly endless storage. "The federal government is in a constantly evolving records environment," Adrienne Thomas, acting archivist of the United States, said in a luncheon speech to the conference. "These are exciting and challenging times." Obama administration ambitions toward cloud computing and more openness only make that issue more complicated. "Many of us in the federal records administrations have struggled with the implications of this new direction," Paul Wester, director of modern records programs at the National Archives, said in an interview. "We deeply believe in transparency and openness, but we are concerned about FOIA, HIPAA, the Privacy Act, personally identifiable information, and compliance with the Disability Act and Federal Records Act."

Be careful what information you give to recruiters!

Insurance company Aetna has contacted 65,000 current and former employees whose Social Security numbers (SSNs) may have been compromised in a Web site data breach. The job application Web site also held names, phone numbers, e-mail and mailing addresses for up to 450,000 applicants, Aetna spokeswoman Cynthia Michener said. SSNs for those people were not stored on the site, which was maintained by an external vendor. The company found out about the breach earlier this month when people began receiving spam messages that appeared to come from Aetna and complained to the company, Michener said. The spam purported to be a response to a job inquiry and requested more personal information. The spam campaign showed the intruders successfully harvested e-mail addresses from the Web site, although Michener said it's not clear if SSNs were also obtained. Nonetheless, Aetna sent letters last week notifying the 65,000 people whose SSNs were on the site of the breach. The company is offering them one year of free credit monitoring, as SSNs are often used by identity thieves. "We wanted to err on the side of caution," Michener said. Aetna hired an IT forensics company to investigate how the Web site had been compromised. "At this point despite a thorough review, they've not been able to pinpoint the precise breach," Michener said. Aetna posted alerts on the job site, its main Web site and its internal intranet about the spam campaign, Michener said.

Identity thieves are getting more clever and are increasingly using stolen information to get driver's licenses, employment and government assistance, according to a new report. The survey by the Identity Theft Resource Center also found that the greater awareness of this problem by the public has led to more people discovering they are victims themselves, through monitoring of their bank accounts and credit card statements. Typically, victims learned of their identity theft when they were denied a job or credit or were informed by law enforcement. "Most of our information is beyond our control," said Linda Foley, co-founder of the Identity Theft Resource Center, which surveys victims each year to see how identity theft is changing. "If a thief wants to get it, he will find a way to get it." The report covers the experiences of around 100 of the 1,500 people who were victimized in 2008 and contacted the center, a nonprofit that helps people recover from identity theft. Stolen personal information is now cheap - identities may sell on the black market for as little as 60 cents each - and thieves churn through them quickly to lower their chances of getting caught, Foley said. Rather than opening 10 or 20 credit card accounts in a victim's name, they now open two or three, charge as much as they can and move on to the next person. This raises the cost of identity theft to businesses, whose average loss to fraud nearly doubled last year to $90,107, up from $48,941 the year before.

Abortion has long been a misguided litmus test for the Supreme Court - but privacy rights?

Supreme Court nominee Judge Sonia Sotomayor's views on abortion and privacy rights are coming into the spotlight as attention turns to her confirmation. NARAL Pro-Choice America is urging senators to make sure Sotomayor is questioned on Roe v. Wade and privacy rights during her confirmation hearings. President Barack Obama is pro-choice, but Sotomayor's views are not known. The White House was asked yesterday if the president asked Sotomayor about abortion or privacy rights. A spokesman says the president did not specifically ask that question. The discussion comes as supporters and opponents of Sotomayor's nomination are taking their message to the airwaves. A coalition of liberal groups has unveiled a television advertisement in favor of Sotomayor's confirmation touting her extensive resume, while a conservative group calling itself the Judicial Confirmation Network has put out its own ad, charging Sotomayor will push a liberal agenda based on her gender and racial background. The White House is hoping Sotomayor will get the green light before the Senate goes on recess in August. Republicans are signaling they will not delay Sotomayor's confirmation, but will scrutinize her legal philosophy and some of her past decisions as a judge.

TechEd has been a venue for Microsoft to make big product and platform announcements, but it is ultimately a place where developers come to learn. Two sessions-on data privacy and multicore programming-were especially popular with attendees.

An Orange County woman accused of using a false identity to obtain breast implants from a plastic surgeon is now facing three felony charges, including commercial burglary, grand theft and identity theft. Yvonne Jean Pampellonne, 30, nicknamed the 'Breast Implant Bandit', appeared in a Westminster court Wednesday. She did not enter a plea and asked that her arraignment be continued so she could hire a new attorney. Pampellone surrendered to police in March after detectives caught up with her using breast implant tracking numbers. Police say that in September of 2008 Pampellonne used the personal information of another woman to establish a line of credit at the Pacific Center for Plastic Surgery in Huntington Beach. Doctors performed $12,000 in liposuction and breast augmentation surgery at the center, police say, charging $12,000 to the phony line of credit and exchanging her existing implants for new ones. Medical staff at the center became suspicious after Pampellonne never returned for follow-up appointments. Because Pampellone had old breast implants replaced, they were able to track her down using the serial numbers that appear on every set of implants. Pampellone faces 3 years, 8 months in prison if convicted. She remains free on $20,000 bail and is due back in court on June 29th.

Two Bronx men were accused Wednesday of masterminding a brazen bank fraud scheme in which they ripped off churches, hospitals and charities by recruiting 950 "soldiers" to cash bogus checks.

The European Commission has moved to sue Sweden after the Nordic state failed to implement the EU's Data Retention Directive in a timely fashion. The Directive was passed back in 2006 and requires all EU member states to implement some form of data retention legislation, with terms of six month to two years. National laws were to be in place by March of this year, but Sweden still has yet to introduce a bill of its own.

The Interior Department's inspector general has found widespread mishandling and erratic tracking of special passports issued to department officials traveling overseas, alleging that in numerous instances employees violated federal privacy laws by improperly securing passports and passport application forms. In some cases, officials couldn't account for expired passports of former employees, and could not locate a passport once issued to former Interior secretary Gale Norton. The inspector general's report warned that such mismanagement and lax protection could result in cases of fraud or identity theft impacting current and former employees. "Given the risk of misuse that missing and unsecured passports, visas and passport applications pose, we cannot understate the importance of acting swiftly to address these violations and prevent their recurrence," Acting Inspector General Mary L. Kendall wrote in a memo sent with a copy of the report last week to Interior Secretary Ken Salazar.

In a decision that has privacy advocates and others scratching their heads, a federal judge has ruled that LifeLock has been breaking California law for years by placing fraud alerts on its customer's credit profiles. The decision is a blow to the burgeoning identify-theft protection industry, and means that companies that experience data breaches may no longer be able to offer victims free subscriptions to such services - a standard damage-control tactic in recent years. Consumers can still place fraud alerts by contacting one of the three U.S. credit reporting agencies directly. Bo Holland, founder and CEO of Debix, a competitor of LifeLock, called the ruling "dramatic and unexpected." "It causes a real shift in the industry," he told Threat Level. The pre-trial partial summary judgment comes in a lawsuit filed last year against LifeLock by Experian, one of the nation's three credit reporting bureaus. Experian claimed LifeLock is trying to "game the system" of fraud alerts to make a profit.

The United States' 35-year-old federal privacy law and related policies should be updated to reflect the realities of modern technologies and information systems, and account for more advanced threats to privacy and security, according to a report sent today to OMB Director Orszag. In its 40-page paper, the National Institute of Standards and Technology's Information Security and Privacy Advisory Board calls for Congress to amend the 1974 Privacy Act and provisions of the 2002 E-Government Act to improve federal privacy notices; clearly cover commercial data sources; and update the definition of "system of records" to encompass relational and distributed systems based on government use of records, not just its possession of them. The panel included technology experts from industry and academia. The panel wants heightened government leadership on privacy and suggests the hiring of a full-time chief privacy officer at OMB and regular Privacy Act guidance updates from the office. Chief privacy officers should be hired at major agencies and a chief privacy officers' council should be created, much like the Chief Information Officers' Council that is chaired by OMB's e-government and IT administrator.

With identity theft on the upswing, Aram Langhans thought he was simply being prudent when he asked the Yakima Heart Center to remove his Social Security number from its files. "They had my insurance card and my driver's license. What else did they need?" said Langhans, a retired public school teacher insured by Group Health. Langhans said he was initially hooked up to a portable heart monitor that he was to wear for 24 hours, but the disagreement over his Social Security number prompted upper-level personnel to change their minds. He said moments after the device was attached, he was sent to a restroom to remove it and turned away. Shawnie Haas, administrator of the Heart Center, an independent outpatient group practice, declined to discuss the incident. But she said in an e-mail statement that the practice protects patients' privacy. "The Yakima Heart Center is careful to collect data pertinent to ensuring accuracy of our patient's medical record. Routine information collected for all patients includes name, address, date of birth, Social Security number, gender, and other specific information that helps us verify that individual's identity and insurance enrollment or coverage data. We are careful to maintain confidentiality of all patient information in our system." According to state and federal regulators, private insurance companies have moved away from using Social Security numbers for patient identification. But health-care providers in the Yakima Valley say they routinely collect them as "backup" in the event that patients' insurance doesn't pay the claim.

Why Google isn't ready to be an Enterprise vendor

At the Google (NSDQ: GOOG) I/O developer conference this week, Google Inc. will host more than 80 technical sessions on all of the Google apps and platforms we've come to know -- Android, Chrome, App Engine, Web Toolkit, AJAX and others. When reviewing the Google I/O Schedule this morning, I was disappointed by what could not be easily found. The conference will run this week, May 28 to 29, in San Francisco, and Google is expecting more than 2,000 attendees. Unfortunately, a long perusal of the schedule shows plenty of tracks with Search, Scale, and Performance in the title -- but only one track with Security. What about Privacy? Well, there's no tracks highlighting data privacy, either. There is a session that covers federated identity management, Practical Standards-based Security and Identity in the Enterprise. And it looks promising, but federated authentication and authorization is more about making sure applications and people can interact securely, not that an application, itself, is inherently secure.

In New Jersey, and around the country, most doctors still rely on paper records for everything from writing prescriptions to keeping track of their patients' allergies. Only about 1.5 percent of U.S. hospitals have switched to an electronic records systems, and less than 8 percent have even a basic system, according to a recent study by the New England Journal of Medicine.