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"The Electronic Frontier Foundation said it sued the Justice Department and other U.S. agencies to get information about their policies for using social networks including Facebook and Twitter in investigations, data collection and surveillance. The civil rights group said in a complaint filed yesterday in federal court in San Francisco that the government has used social-networking sites in conducting investigations and hasn't clarified the scope of that use or whether there are any restrictions or oversight to prevent abuses. The EFF said in its complaint that it is seeking the information to "help inform Congress and the public about the effect of such uses and purposes on citizens' privacy rights and associated legal protections." It cited news articles that reported police searching Facebook photos for evidence of underage drinking and an FBI search of an individual's home after the person sent messages on Twitter during the G-20 Summit notifying protesters of police movements. Facebook, based in Palo Alto, California, is the world's largest social networking site with more than 300 million users who post photos, messages and other information on their own free Facebook pages. Twitter, based in San Francisco, is a free Web service with 58 million users that lets people send 140- character messages, called "tweets," to multiple followers. EFF, also based in San Francisco, filed Freedom of Information Act requests with federal agencies in October. None of the agencies had completed processing the requests by the applicable 20-day deadline, according to the complaint. The lawsuit seeks a court order for the government to process the requests and produce documents."

"A federal prosecutor tracked down a Seattle fraud suspect in Mexico this year through his Facebook posts. A man's Twitter messages to fellow demonstrators at a recent protest in Pittsburgh led to an FBI search of his home and short-lived charges of interfering with police. The CIA and other U.S. intelligence agencies reportedly are investing in a software firm that monitors half a million social networking Web sites each day. There's nothing wrong with law enforcement agencies' using Internet technology to investigate crimes, Bay Area privacy advocates say. But they want the federal government to say how, when and why its agents look at Americans' social networking accounts."

"The U.S. Supreme Court Monday will hear arguments for and against the constitutionality of the oversight board established to monitor public company financial activity as part of the Sarbanes-Oxley regulation. The Sarbanes-Oxley Act was created and enacted into law partly in response to corporate accounting scandals such as Enron and WorldCom. The regulatory standard set out to reduce such fraudulent financial activities and provide an oversight mechanism for public companies. Part of the law includes the establishment of the Public Company Accounting Oversight Board (PCAOB), which consists of five members appointed by the Securities and Exchange Commission (SEC). The arguments to be heard this week relate directly to the PCAOB. While set up to regulate financial accounting at companies, those opposed to the board's powers argue that because its members are not appointed by the president, the board's control is unconstitutional based on the country's tenets of three branches of government. The challengers to the law say that the PCAOB lacks the presidential control required for executive branch agencies because the five members are appointed by the SEC, which doesn't fall under presidential powers. As a private agency in essence, the PCAOB is able to act as a government authority, which the Free Enterprise Fund believes to be unconstitutional. "

"The last quarter of 2009 should be partly remembered in the advertising community as a juncture when big agencies -- namely Omnicom Media Group, The Nielsen Company, and WPP -- announced consumer data mergers. The deals entailed the marriages of offline and online data and appeared to reveal a potentially major stepping stone in the evolution of "hyper-targeting." Some of the agencies have trumpeted their newfound ability to create consumer segments related to behavioral elements such as "passion points" (e.g., shown interest in electronics, photography, fantasy football, etc.), as well as geographic location, beverage preferences, favorite social media sites, activity levels at the sites, and so on. Augustine Fou, group chief digital officer for Omnicom's Healthcare Consultancy Group and a ClickZ columnist, said that while increased hyper-targeting would likely result from the data marriages, unresolved issues remain before the use of combined online/offline data is widely adopted by brands. "For example, as diverse data sets begin to be integrated, it will become painfully apparent what data can be integrated -- or not -- and specific tradeoffs will have to be made to move forward," he explained. "In particular, privacy policies of sites and ad networks will need to be revisited." The growing ability for marketers to target online ads using data gathered offline has generally raised concern among consumer privacy advocates. To that end, Fou suggested that brands are cautiously optimistic about hyper-targeting and slightly wary of public/consumer perception. "

Marriage of offline and online data sources to target advertising may make tracking more interesting for consumers and advertisers alike.

""So many people in America think this does not affect them. They've been convinced that these programs are only targeted at suspected terrorists. … I think that's wrong. … Our programs are not perfect, and it is inevitable that totally innocent Americans are going to be affected by these programs," former CIA Assistant General Counsel Suzanne Spaulding tells FRONTLINE correspondent Hedrick Smith in Spying on the Home Front. 9/11 has indelibly altered America in ways that people are now starting to earnestly question: not only perpetual orange alerts, barricades and body frisks at the airport, but greater government scrutiny of people's records and electronic surveillance of their communications. The watershed, officials tell FRONTLINE, was the government's shift after 9/11 to a strategy of pre-emption at home -- not just prosecuting terrorists for breaking the law, but trying to find and stop them before they strike. President Bush described his anti-terrorist measures as narrow and targeted, but a FRONTLINE investigation has found that the National Security Agency (NSA) has engaged in wiretapping and sifting Internet communications of millions of Americans; the FBI conducted a data sweep on 250,000 Las Vegas vacationers, and along with more than 50 other agencies, they are mining commercial-sector data banks to an unprecedented degree."

It affects each & every US citizen in one way or another. Good video on privacy & security.

"The number of fraudulent IRS websites taken down in 2008 soared to 3,030, up more than 240 percent from 2007, according to a GAO analysis of Internal Revenue Service data, suggesting a sharp increase by criminals to draw unassuming taxpayers to faux tax agency websites to steal identities and money. In a Government Accountability Office audit, made public Thursday, the GAO credited the IRS for implementing programs to prevent, detect and resolve identity theft, but said the tax agency needs to do a better job in assessing the effectiveness of its initiatives. And, as it relates to potential online abuse, the IRS should be more consistent in enforcing security controls. "

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

A typical lost or stolen laptop costs employers $49,246, mostly due to the value of the missing intellectual property or other sensitive data, according to an Intel-commissioned study made public Wednesday. "It is the information age, and employees are carrying more information on their laptops than ever before," according to an analysis done for Intel by the Michigan-based Ponemon Institute, which studies organizational data-management practices. "With each lost laptop there is the risk that sensitive data about customers, employees and business operations will end up in the wrong hands." The five-month study examined 138 laptop-loss cases suffered over a recent 12-month period by 29 organizations, mostly businesses but also a few government agencies. It said laptops frequently are lost or stolen at airports, conferences and in taxis, rental cars and hotels. About 80 percent of the typical cost - or a little more than $39,000 - was attributed to what the report called a data breach, which can involve everything from hard-to-replace company information to data on individuals. Companies then often incur major expenses to prevent others from misusing the data. Lost intellectual property added nearly $5,000 more to the average cost. The rest of the estimated expense was associated with such things as investigative costs, lost productivity and replacing the laptop. Larry Ponemon, the institute's chairman and Advertisement founder, said he came up with the cost figure based on his discussions with the employers who lost the laptops. When he later shared his findings with the companies and government agencies, he said, some of their executives expressed surprise at the size of the average loss. But he noted that one of the employers thought the amount could have been even higher.

A National Security Agency eavesdropping program exceeded legal limits intended to safeguard privacy, and officials have taken steps to bring the intercepts program into compliance, the Justice Department said Wednesday. The department, in a statement, said problems with the NSA program were uncovered as the Justice Department and National Security Agency were conducting routine oversight of intelligence activities to ensure compliance with laws and court orders. Attorney General Eric Holder has sought court approval to renew the NSA program after instituting new safeguards. The House intelligence committee was informed of the compliance issues and is conducting an inquiry, a House congressional official said. The New York Times on Wednesday reported on its Web site that the program intercepted private email messages and phone calls of Americans. However, intelligence officials have described the program as primarily searching for information based on data about communications, such as email addresses, subject headers and the time a message or phone call was placed. The Justice Department said officials notified the Foreign Intelligence Surveillance Court of the problems with the NSA program and took "comprehensive steps" to correct the matter. "The Justice Department takes its national security oversight responsibilities seriously and works diligently to ensure that surveillance under established legal authorities complies with the nation's laws, regulations and policies, including those designed to protect privacy interests and civil liberties," the department said.

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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.

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."

In October 2001, the Bush administration took an administrative action that would prove sadly symptomatic of its rule. John Ashcroft, then the attorney general, issued a memorandum warning against casual release of information to the public under the Freedom of Information Act. Such releases, Ashcroft said, should be made "only after full and deliberate consideration of the institutional, commercial and personal privacy interests that could be implicated." In case anyone missed the point, Ashcroft added that any bureaucrat who said no to such a request could "be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis." It goes without saying that Ashcroft did not promise any such defense of government employees who released information under the terms of the act. If cavalier disregard of the law and the public's right to hold its government accountable were hallmarks of the recently departed administration, we can only hope that President Obama's response signals a new approach. One of his first presidential acts was to issue a memo to federal agencies on the Freedom of Information Act. It opens by quoting former Supreme Court Justice Louis Brandeis' pronouncement that sunlight is the "best of disinfectants" and continues by trumpeting the act as "the most prominent expression of a profound national commitment to ensuring an open government." Where Ashcroft searched for excuses to withhold information, Obama directed all agencies to "adopt a presumption" in favor of releasing it.

As I'm sure you know, former NSA analyst Russell Tice revealed that the agency spied on journalists and ordinary Americans - not just communications between the U.S. and overseas. Speaking on the Keith Olbermann show on MSNBC, Tice said: "The National Security agency had access to all Americans' communications," he said. "Faxes, phone calls and their computer communications. … They monitored all communications." He made a further appearance on Olbermann Thursday (view above), in which he said that the NSA combined these illegal wiretaps with credit card and financial data. ""This [information] could sit there for ten years and then potentially it marries up with something else and ten years from now they get put on a no-fly list and they, of course, won't have a clue why," Tice said. "This is garnered from algorithms that have been put together to try to just dream-up scenarios that might be information that is associated with how a terrorist could operate," Tice said. "And once that information gets to the NSA, and they start to put it through the filters there . . . and they start looking for word-recognition, if someone just talked about the daily news and mentioned something about the Middle East they could easily be brought to the forefront of having that little flag put by their name that says 'potential terrorist'." Why were they monitoring reporters? New York Times reporter James Risen told Olbermann he thought it was a plot "to have a chilling effect on potential whistleblowers in the government to make them realize that there's a Big Brother out there that will get them if they step out of line."

The key points of the plan closely mirror recommendations offered late last year by a bipartisan commission of computer security experts, which urged then president-elect Obama to set up a high-level post to tackle cyber security, consider new regulations to combat cyber crime and shore up the security of the nation's most sensitive computer networks. The strategy, as outlined in a broader policy document on homeland security priorities posted on the Whitehouse.gov Web site Wednesday, states the following goals: * Strengthen Federal Leadership on Cyber Security: Declare the cyber infrastructure a strategic asset and establish the position of national cyber advisor who will report directly to the president and will be responsible for coordinating federal agency efforts and development of national cyber policy. * Initiate a Safe Computing R&D Effort and Harden our Nation's Cyber Infrastructure: Support an initiative to develop next-generation secure computers and networking for national security applications. Work with industry and academia to develop and deploy a new generation of secure hardware and software for our critical cyber infrastructure. * Protect the IT Infrastructure That Keeps America's Economy Safe: Work with the private sector to establish tough new standards for cyber security and physical resilience. * Prevent Corporate Cyber-Espionage: Work with industry to develop the systems necessary to protect our nation's trade secrets and our research and development. Innovations in software, engineering, pharmaceuticals and other fields are being stolen online from U.S. businesses at an alarming rate. * Develop a Cyber Crime Strategy to Minimize the Opportunities for Criminal Profit: Shut down the mechanisms used to transmit criminal profits by shutting down untraceable Internet payment schemes. Initiate a grant and training program to provide federal, state, and local law enforcement agencies the tools they need to detect and prosecute cyber crime. *

One of the nation's largest time-share companies is going to be shelling out nearly a $1 million for making phone calls to people on the national "Do Not Call" list, federal regulators said Tuesday. Westgate Resorts, based in Orlando, Fla., was named in a complaint filed on behalf of the Federal Trade Commission. The agency alleged that Westgate and two other companies placed thousands of telemarketing calls to people on the list. The FTC says Westgate has agreed to pay $900,000 to settle the charges. The commission on Tuesday also announced a $275,000 settlement with another Florida-based travel company, Accumen Management Services Inc., and its subsidiary, All in One Vacation Club, LLC. The company made telemarketing calls to consumers who had filled out entry forms for a sweepstakes to win vacation packages. Many of those called, the FTC said, were on the Do Not Call registry and did not agree to receive the telemarketing pitches for timeshares and vacation getaways. In the case of Westgate, the agency received several thousand complaints from consumers. The commission said Westgate bought phone numbers from an Internet-based lead generator that collected contact information in connection with offerings on its Brandarama.com web site. The two other companies named in the Westgate complaint are: Central Florida Investments Inc., and CFI Sales and Marketing, LLC., which both did telemarketing for Westgate. The combined fines of $1.17 million will go to the U.S. Treasury. Calls to Westgate and Accumen seeking comment were not immediately returned. The latest enforcement actions bring to 40 the number of Do Not Call cases the government has filed against companies since the registry began in June 2003. The biggest case to date involved satellite television provider DirecTV Inc., which paid a $5.3 million settlement. More than 167 million phone numbers have been placed on the Do Not Call registry.

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."

WASHINGTON -- Few tech policy debates are plumped up with more rhetoric than those concerning Net neutrality and privacy restrictions for advertisers. It should be a noisy year at the Federal Communications Commission. Here at the Cable Show, the annual conference hosted by the National Cable and Telecommunications Association, advisors to the three current commissioners outlined some of the simmering issues that are likely to boil up at the FCC this year, and those two are on the short list. Rick Chessen, acting chief of staff for interim FCC Chairman Michael Copps, said the agency could move toward adding to its Internet policy statement a fifth principle that would explicitly bar ISPs from discriminating against certain traffic on their networks. "The principle would be one of nondiscrimination, but you would recognize the need for reasonable network management," Chessen said. The FCC's broadband principles comprised the policy document that was at the center of last year's action against Comcast, where the agency found that the cable giant had unfairly blocked peer-to-peer traffic on its network without notifying its subscribers it was doing so. The new principle Chessen suggested would seek to clarify the agency's stance against the selective blocking of traffic. Comcast is challenging last year's ruling in a court case where the outcome could broadly shape how Congress proceed with Net neutrality policy. Rosemary Harold, the legal advisor to Republican Commissioner Robert McDowell, said her boss is more cautious than the two Democrats on the matter.

The National Institute of Standards and Technology (NIST) has proposed rules for a new automated method of checking security settings on federal computers. The process is known as the Security Content Automation Protocol (SCAP), and NIST has offered both programs and recommendations designed to help federal agencies use the system effectively. The proposed rules follow a July 2008 order from the Office of Management and Budget requiring federal agencies to use SCAP-validated products to measure compliance with a mandated group of security settings that run Windows XP and Vista. Public comments can be made on the NIST proposal until June 12.

As USB devices have evolved into useful storage media, they've also turned into a security nightmare for agencies. The usage of USB devices should be encouraged and embraced to improve productivity, but they also must be managed to minimize the risks inherent with these tools. This paper discusses how USB devices have evolved and looks in-depth at the productivity benefits as well as the potential risks these devices can introduce if not managed properly. This paper also offers recommendations on how to balance the productivity versus risk challenge and highlights how government agencies can effectively manage the usage of USB devices and prevent data loss and malware introduction.

Senate Judiciary Chairman Patrick Leahy (D-Vt.) has reintroduced a data breach bill that would set tougher rules for government agencies and private sector firms regarding consumers' personal information. This will be the third time around the block for the Personal Data Privacy and Security Act, which has cleared the Judiciary Committee, but never come to a vote on the Senate floor. The bill would preempt the more than 40 state laws laying out requirements for notifying consumers in the event of a data breach, a long-deferred legislative goal that has the general support of the IT industry. But Leahy's bill is about more than just data breaches. Among other things, it would set baseline security information standards for government agencies, something that the Obama administration has begun to work on with the early steps of an overhaul of the government's cybersecurity apparatus. "This is a comprehensive bill that not only deals with the need to provide Americans with notice when they have been victims of a data breach, but that also deals with the underlying problem of lax security and lack of accountability to help prevent data breaches from occurring in the first place," Leahy said in a statement. "Passing this comprehensive data privacy legislation is one of my highest legislative priorities as Chairman of the Judiciary Committee."