CIPP Information Privacy & Security News

Changes relating to different aspects of data management have been highlighted as key trends in the IT industry for 2009 in a report by consultancy Deloitte. The falling price of digital storage has caused an irresponsible approach to file management and IT leaders will need to give an increased focus to these issues, says Deloitte, along with finding ways around the rise in physical storage costs. "There are ways to control the escalation of storage costs, such as de-duplication tools that can free up space by reducing duplicate files," says the report. "Companies can assess the impact of individual applications, especially email - which is estimated to take up 25 per cent of enterprise storage capacity," it says. According to Deloitte's research, businesses will become increasingly aggressive when pursuing disputes related to copyright infringement and digital ownership rights. "If undertaking a swift launch of a product or digital application, companies should ensure that no element could lead to litigation," says the report. Despite pointing out that 2009 will be the break-out year for social networks in the business, Deloitte says that such networks will need to be developed with caution to encourage more productivity and balance control with employees' desire for privacy.

While the recession injured many industries in 2008, health care was one of the few bright spots in the employment picture, growing by 372,000 jobs last year, according to the U.S. Bureau of Labor Statistics' January 2009 Employment Situation Summary. The large aging population has health care employers in need of qualified workers: stat. Therefore, despite the current economic conditions, health care employers will continue to increase staff in 2009, according to CareerBuilder.com's annual health care hiring forecast, conducted online within the U.S. by Harris Interactive. Close to one-in-five (17 percent) of large health care employers (50 or more employees) plan to increase the number of full-time, permanent employees in 2009, while 67 percent foresee either making no change in the number of employees or are unsure. Sixteen percent plan to decrease the number of employees. "The health care industry continues to boast high demand for qualified workers. Employers are reacting to this need by continuing strong recruiting efforts this year," says Jason Ferrara, vice president of corporate marketing for CareerBuilder.com. "Half of health care employers, the highest among industries we surveyed, have open positions for which they can't find qualified candidates. In response, health care employers will have to adjust their recruitment and retention strategies to find and keep top talent."

This year was an interesting year in privacy and information security, and by looking back, we can clearly discern trends that will likely be a major part of the security management landscape in 2009. More and more states passed breach-notification laws and several enhanced or extended existing legislation. Software-as-a-Service (SaaS) and virtualization really took off, and compliance's looming presence grew with PCI DSS version 1.2 and some actual enforcement of HIPAA. Of particular note was Massachusetts' data breach law 201 CMR 17.00: Standards for The Protection of Personal Information of Residents of the Commonwealth. This is to date the most comprehensive law of its kind, setting a new standard for what breach-notification laws should look like; it covers both paper and electronic records, it mandates appropriate security awareness training as well as security and risk assessments and, most importantly, requires companies to make changes to their security programs in accordance with the findings of those risk assessments. Similarly, California enhanced the well-known CA-1386 to include not just traditional financial information, but also health care and health insurance data as well. With new mandates popping up all the time, it's no wonder compliance was one of the biggest focus areas for enterprise information security teams in the past year, and this trend will clearly continue in 2009; there will be more regulation on both the state and federal levels, and stronger enforcement of existing regulations. Fines and other penalties for violations of PCI DSS and HIPAA will continue to rise, along with the inevitable rise in discoveries of malfeasance. As a result, there will be an even larger focus on compliance by upper management, which also means decreased time and budget for necessary security controls that don't clearly fall under a compliance umbrella.

Washington insiders say that the Obama administration will be more aggressive with actions to protect consumers online. Two consumer advocacy groups, the Center for Digital Democracy and the U.S. Public Interest Research Group, have asked the Federal Trade Commission to investigate behavioral targeting practices aimed at mobile phone users. The day the FTC received the request and one week before the Obama administration took office, four marketing and advertising associations announced their intent to create an enhanced set of self-regulatory principles for online behavioral advertising. The American Association of Advertising Agencies, Association of National Advertisers, Direct Marketing Association and Interactive Advertising Bureau are said to be reviewing the areas for self-regulation set forth in the FTC's proposed self-regulatory principles issued in December 2007. As marketers, our boundaries for targeting campaigns continue to widen as technology improves. We collect more information than ever before. This, along with the fear of federal regulation, may create a trend for more marketers to take on a dual role as a privacy professional. The International Association for Privacy Professionals (IAPP, https://www.privacyassociation.org/) provides privacy education and certification for privacy professionals.

Cloud services are now vulnerable to malicious use, a security company has suggested, after a techie worked out how Amazon's EC2 service could be used as a BitTorrent file harvester and host. Amazon's Elastic Compute Cloud (EC2) is a web service software developers can use to access computing, compilation and software trialling power on a dynamic basis, without having to install the resources locally. Now a developer, Brett O'Connor, has come up with a step-by-step method for using the same service to host an open source BitTorrent application called TorrentFlux. Getting this up and running on Amazon would require some technical know-how, but would be within the reach of a moderately experienced user, right down to following O'Connor's command line low-down on how to install the public TorrentFlux app straight to Amazon's EC2 rather than a user's local machine. Finding an alternative way of using BitTorrent matters to hardcore file sharers because ISPs and admins alike are increasingly keen to block such bandwidth-eating traffic on home and business links, and O'Connor's EC2 guide was clearly written to that end - using the Amazon service would make such blocking unlikely. "I created a web-based, open-source Bittorrent 'machine' that liberated my network and leveraged Amazon's instead," says O'Connor. He then quips "I can access it from anywhere, uploading Torrent files from wherever, and manage them from my iPhone." However, security company GSS claims the guide shows the scope for possible abuse, using EC2 to host or 'seed' non-legitimate BitTorrent file distribution. "This means, says Hobson, that hackers and other interested parties can simply use a prepaid (and anonymous) debit card to pay the $75 a month fee to Amazon and harvest BitTorrent applications at high speed with little or no chance of detection," said David Hobson of GSS. "The danger here is that companies may find their staff FTPing files from Amazon EC2 - a completely legitimate domain -

As they play in the global information economy, U.S companies stash away more data than they can handle effectively. The six-part 2009 New Data Center series opens with a look at how they're coping with the escalating problem.

Monster.com is advising its users to change their passwords after data including e-mail addresses, names and phone numbers were stolen from its database. The break-in comes just as the swelling ranks of the unemployed are turning to sites like Monster.com to look for work. The company disclosed on its Web site that it recently learned its database had been illegally accessed. Monster.com user IDs and passwords were stolen, along with names, e-mail addresses, birth dates, gender, ethnicity, and in some cases, users' states of residence. The information does not include Social Security numbers, which Monster.com said it doesn't collect, or resumes. Monster.com posted the warning about the breach on Friday morning and does not plan to send e-mails to users about the issue, said Nikki Richardson, a Monster.com spokeswoman. The SANS Internet Storm Center also posted a note about the break-in on Friday. USAJobs.com, the U.S. government Web site for federal jobs, is hosted by Monster.com and was also subject to the data theft. USAJobs.com also posted a warning about the breach. Monster.com has been checking for misuse of the stolen information but hasn't yet found any, it said. It has made changes since discovering the break-in but won't discuss them because it doesn't discuss security procedures publicly and because it is still investigating the incident, Richardson said. She also would not disclose the volume of data stolen, but said the company decided it would be prudent to alert all of its users via its Web site.

A New Zealand man has found confidential United States military files on an MP3 player he bought at an op shop in the US. Chris Ogle, 29, from Whangarei, bought the player from an Oklahoma thrift shop for $NZ18 ($A14.50), and found the files when he hooked it up to his computer, TV One News reported on Monday night. The 60 files on the player contained the names and personal details of American soldiers, including ones who served in Afghanistan and Iraq. There was also information about equipment deployed to bases and a mission briefing. "The more I look at it, the more I see and the less I think I should be," Ogle said. Victoria University strategic studies director Peter Cozens said one of the first rules of military endeavour was to not give the opposition information that could compromise your position. "This is just slack administrative procedures which are indeed a cause of embarrassment. It's the sort of thing which ought not really be in the public domain, he said. Ogle said the player never worked as a music player and he would hand it over to the US Defence Department if asked.

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.

January 26, 2009 - As a presidential candidate, Barack Obama made his position on abortion very clear. During his campaign, he stated that he would sign the Freedom of Choice Act and that he opposed restrictions on Partial Birth Abortions. Now as President, Obama used the 36th anniversary of the Supreme Court's Roe v. Wade decision to reiterate his quite extreme position. Obama made several statements about "ensuring that our daughters have the same rights and opportunities as our sons...." However, his key statement appears to demonstrate an utter misunderstanding of the legal aspects of abortion, was that government "should not intrude on our most private family matters." An Associated Press subheader put it as "the ruling legalizing abortion represented a broader principle that government should not intrude on private family matters." Obama seemingly fails to understand three things about the "right to privacy." First, in that as far as it has been applied to abortion and contraception (Griswold vs. Connecticut); it is not a principle about "family matters." It is a principle purely about individual choice. Under Roe, no one else in the "family" has any say about the abortion decision. If the woman is not married to the father of the baby, he is not "family" anyway. Second, the right to privacy is not absolute. Third and most important, that under Roe, the "right to privacy" is secondary to two considerations about the unborn child: whether or not the unborn child is a "person," or at least "potential life." For these last two, we can turn to Roe itself. The "Right to Privacy" The majority opinion of Roe admits that, "The Constitution does explicitly mention any right of privacy." Majority author Harry Blackmun cites various past court decisions which recognize personal rights that are "fundamental" or "implicit in the concept of ordered liberty." Since these private rights had been found to have extension to areas such as marriage, procreation, contraception

Eight years ago, a woman we'll call Sarah discovered that she was not biologically related to the father she had known all her life. Sarah, her mother revealed, was "donor-conceived." Her parents, after trying without success for a pregnancy of their own in the late 1970s, turned to a fertility center, where Sarah's mother was artificially inseminated with sperm from an anonymous donor. At the time sperm banks did not offer detailed donor profiles. Upon discovering the truth, Sarah was told what her parents had been told about her biological father: He was a medical student, possibly of Scandinavian ancestry. Sarah, who describes her family as "loving and stable," was shocked. Today she is also sick. A year before finding out about her conception, she began to experience severe, unexplained bladder problems. She has been seeing doctors at Johns Hopkins; so far they haven't figured out the cause. Recently married, Sarah worries that she may pass the illness on to future children. The medical history of her biological father could provide a crucial piece of the diagnostic puzzle. But in the early days of artificial insemination, clinics often shredded or burned files to ensure donor anonymity and client privacy. Sarah's father's identity may be locked away in storage somewhere, or it may have been destroyed. Although aware of the likely futility of her search, Sarah still continues-writing the clinic, nurses, her doctor-in the hope that someone can help. Faced with stories like this, the fertility industry and a few state governments are trying to come up with a way to ensure that future donor-conceived children will have access to their fathers' medical files. A national registry, for example, could allow banks to monitor how many times a man donates semen and how many children are born from his seed, to share updates about medical issues and to facilitate long-term research on health outcomes. But any such registry poses a threat to the p

The largest threat to online advertising is growing as the economy declines. More individuals will turn criminal, purchasing products or generating income through fraudulent means. Billions of dollars are stolen from businesses each year, and in 2009 companies will fight fraud with fewer resources.According to CyberSource, an estimated $4 billion dollars was lost to fraud in 2008 up from $3.7 billion in 2007, and 87% of merchants must fight fraud with the same or less staff in 2009. The increase in eCommerce fraud from 2007 to 2008 (and one can expect, in 2009) follows the advertisers' shift to spend more of their budget online. Much like crime statistics, one has to wonder how much fraud is not being reported because, among many reasons, commission-driven employees are not motivated or your company lacks resources.In early 2008, I was approached by our CEO to start a new division that would address our partners' fraud concerns-both real and perceived. He said, "I'm not going to lie to you. It's a SOB job." I was sold, and the Best Practices Division began.My team establishes best practices (measurable, repeatable events, processes, and procedures) and applies them internally and externally (to our partners' online marketing practices). At its core, best practices (BPs) are a set of standards that provide transparency and clear expectations of behavior and results to everyone involved in the business process. This accountability will drive the long-term performance of the online advertising industry while maintaining profitability without additional federal regulation.The BP approach can be applied to every business model and used to fight fraud-wherever you find it. Industry norm places the onus on the advertiser to successfully qualify inbound leads as well as identify fraudulent traffic. In the past, advertisers had only two options: become an online fraud expert, or hire a vendor.Only a small percentage of companies will be successful with the

The dark figure of fraud drove the development of best practices at Memolink. I harnessed the fear of the unknown and used basic change management to gather support internally. I knew the approach would indefinitely change how we did business and alter our company's culture. Like many dot coms, my company has an entrepreneurial spirit, and like not-so-many dot coms, we have been in business for 15 years. The culture is well established and the work we do is exciting and fun. Would a company with an innovative and "don't-box-me-in" mentality openly receive a new set of standards and expectations? The implementation of the Best Practice approach required two important change management tactics: consistent messaging and constant and varied communication. It was not enough to tell associates that the proposed transition, which included separating processes that traditionally had been managed by a sales team, would benefit the company in the long term. The main component of the message had to be the "What's in it for me?" value proposition. At the time, the sales associates had nothing to gain, and, in fact, they would lose commission. For example, when my department rolled out the Best Practice approach to partner vetting, fewer partners would meet the standard and be accepted, which meant incremental commission loss for the sales team. Money matters create major stress and tension, so it was important that this conflict be addressed early in the implementation process. Management responded by restructuring commissions so that employee motivations were aligned with business goals. This move also made the adoption period for other processes and procedures shorter and less chaotic. In essence, align the money motivators and people will buy in more quickly. Associates were not reeling about their payment structure, but were they and other stakeholders, who were originally unaffected by the commission structure, truly behind the idea? In order to gain the

Online fraud is a $4 billion dollar a year industry. It grows as the unemployment rate increases and the jobless attempt to earn a living through whatever means necessary. Meanwhile, the Internet's footprint on the global economy and culture becomes larger every day. The expansion of fraud and the identification of this risk will create more jobs in the fields of compliance, risk management, and best practices. Who will fill these positions? For many companies looking to take action, the initial move will be to consolidate roles. Individuals in areas such as sales and marketing will absorb fraud identification, reporting, and prevention responsibilities. This will prove to be ineffective for the following reasons: 1. The sales and marketing staffs are not trained to identify fraud and they cannot keep up with the ever-changing tactics. 2. Associates are conflicted when faced with a fraud incident. They are not motivated to report fraud and their compensation structure dissuades them from reporting incidents. 3. Business goals are not aligned appropriately, which naturally moved fraud last on the priority list for the associates assigned the additional responsibilities. 4. While the internal attempt is made, no time is spent on partner due diligence and monitoring. Organizations will benefit in the long term by hiring dedicated staff. This tactic is one component of my company's Best Practice approach to doing business. My dedicated team helped realign business goals and create a culture that now embraces a higher set of standards and expectations. Staffing and training were the largest challenges I have faced in the last year. The positions were new, the skill set was specific, and as a result we received a dichotomous set of resumes. Applicants with online marketing experience had little to no experience with fraud, or they came from companies where more unscrupulous methods were used, and I was not confident those habits would be easily kicked. The app

Yesterday, the U.S. Supreme court announced its refusal to hear appeals against the banning of the Child Online Protection Act (COPA), effectively killing the bill. The American Civil Liberties Union called it "a clear victory for free speech," having fought the bill for ten years claiming it infringed on a website's freedom of speech. I've always advocated that it is the responsibility of parents to monitor their children's online activity. There are a ton of Web filtering and parental control applications available, many for free such as Blue Coat's K9 Web Protection. Especially with the country in the shape it's in now, my personal opinion is that the government has more pressing issues to attend to than babysitting children online. COPA was first passed in 1998, and made it illegal to display any pornographic material on a Web site without an access code or proof of age message. However, state courts began challenging the bill immediately, claiming it was unconstitutional and violated the First Amendment. Instead, it was ruled that parental controls should be used by individual families to block unwanted content, rather than the government determining what can and cannot be seen by all. (COPA was killed, not COPPA - Children's Online Privacy Protection Act)

The departments of Defense, State, and Health and Human Services have not met legal requirements meant to protect Americans' civil liberties, and a board that's supposed to enforce the mandates has been dormant since 2007, according to federal records. All three departments have failed to comply with a 2007 law directing them to appoint civil liberties protection officers and report regularly to Congress on the safeguards they use to make sure their programs don't undermine the public's rights and privacy, a USA TODAY review of congressional filings shows. An independent Privacy and Civil Liberties Oversight Board set up to monitor the departments hasn't met publicly since 2006; it no longer has members. Government missteps such as putting innocent people on terrorist watch lists and misusing administrative warrants, known as national security letters, "might have been dealt with much sooner if we had … cops on the beat to make sure there are standards that are being upheld," says Caroline Fredrickson, legislative director at the American Civil Liberties Union (ACLU). The lack of civil liberties officers at State and Health and Human Services is troubling because the departments hold passport and medical records, says James Dempsey, vice president of the Center for Democracy and Technology. "Security of that information is very important," he says, and these officers should monitor how it's used and shared. The Pentagon also has sparked concerns. Its Counterintelligence Field Activity office was criticized by the ACLU for wrongly tracking anti-war groups - a charge confirmed by the Pentagon in 2006. A 2007 law requires eight departments and agencies to have civil liberties officers and file reports. Justice, Homeland Security, Treasury, the CIA and the Office of the Director of National Intelligence have done so. Sens. Joe Lieberman, I-Conn., and Susan Collins, R-Maine, leaders of the Homeland Security committee, says departments not in compliance will b

* Name Compliance Week * Location Boston, MA * Web http://www.compli... * Bio Compliance Week is an information service on corporate compliance and risk. Twitterers include editor-in-chief Matt Kelly and publisher Scott Cohen.

With the ink barely dry on headlines about what could be the biggest security breach in history (identity thieves hacked into payment processor Heartland Payment Services, possibly gaining access to the credit-card information of millions of consumers) signing up for a credit-monitoring service may have jumped a few notches on your to-do list. After all, paying $12 or so a month seems like a small price to pay for the peace of mind that -- through regular alerts about activity on your credit reports and other monitoring services -- you'll be protected from identity theft. Right? Think again.

Legal woes may be next for Heartland Payment Systems, a payment processor that reported a major security breach this week. Depending on the results of the ongoing investigation, Heartland is likely to face the threat of litigation from issuing banks, merchants and consumers, says Scott Vernick, an attorney with Fox Rothschild LLP in Philadelphia, who specializes in data theft cases. "The businesses that use Heartland as a credit card processor, as well as thousands of consumers, will be anxiously watching for any negative impact, including harm to their business reputations, and the real possibility of identity theft or fraud," says Vernick. The fact that Heartland's systems were certified as being fully in compliance with data handling rules, called the PCI standards, raises questions about the efficacy of such standards. Hannaford Brothers grocery chain was likewise fully PCI compliant when it had 300 stores hacked and 4.3 million record swiped..... "This latest incident shows how, despite companies being compliant with regulations such as PCI, they are still a long way from being secure," says Mike Rothman, senior vice president of strategy at elQnetworks.

Canadians who travelled to the United States in 2008 are being advised to check their credit-card statements and watch for signs of identity theft after a massive security breach at a U. S.-based company that processes millions of credit cards. Canada's Privacy Commissioner said yesterday she was shocked to learn that New Jersey-based Heartland Payment Systems, which processes credit-card transactions for more than 250,000 businesses in the United States, had found "malicious software" in its operating system. "I'm amazed to see something this significant can still happen with the importance that not only privacy commissioners, but experts everywhere, are placing on security," Jennifer Stoddard said. "I was concerned to see this going on and the size of it." Tech experts say the hack could be one of the largest ever credit-or debit-card data breaches, and that Canadians should watch closely for signs of identity theft.