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Article says that likely source of last week's massive DDOS attacks was the U.K. and not North Korea.
It's not necessarily a "privacy" issue, per se, but electronic discovery (known as "e-discovery") rules of litigation require that companies plan ahead with respect to document retention.
Twitter feed from the event --
There's a report out of the UK that a proposed (and highly controversial) mobile directory has so many people opting-out, that the system has crashed.
Nearly missed in the long Fourth of July holiday weekend was the announcement of "behavioral advertising" standards by a coalition of industry trade groups. These standards are in response to the FTC's public statements that regulation would soon follow if industry did not step up.

State BT Legislation

July 13, 2009| Blog

Much as it is with general federal privacy legislation, nature abhors a vacuum, and the states take up the "hot potato."
Reports today are indicating that several South Korean Web sites have been attacked again. Several officials have voiced speculation that North Korea was behind both today's denial of service attacks and last week's wave of outages that hit sites in both the U.S. and South Korea. No comment from Pyongyang.
There is increased activity at the Federal Trade Commission on the consumer protection front. David Vladeck, the FTC's new director of the Bureau of Consumer Protection is wasting no time in getting down to business.

Google on Trial in Italy

July 9, 2009| Blog

Friends at the Norton Rose law firm have published a great Update on Google Italian prosecution. The trial of the Google executives has been delayed, but the Norton Rose piece outlines the background of the proceedings and the current status.
As I blogged a few weeks back, the "Clear" Registered Traveler program abruptly ended because the service provider ceased operations. The announcement at the time raised the questions of what happens to the vast trove of personal information and biometric data that the company collected in order to "clear" frequent fliers who ponied up the $199 annual fee.

Breaking News - SCOTUS

June 29, 2009| Blog

Reuters reports that the U.S. Supreme Court this morning refused to hear an appeal requested by two companies that want a New Hampshire prescription privacy law overturned.
The typical "boilerplate" (lawyers' hate that word, BTW) in website Terms of Use goes as follows: "We reserve the right to change these Terms of Use at any time.  You should check back to this page to view changes. Continued use of this website is deemed acceptance of any such changes." Ever wonder what "such changes" might have occurred?

FTC: BT Inquiry Coming "Soon"

June 24, 2009| Blog

Apparently, the FTC plans on stepping up the Commission's inquiries into online behavioral tracking. That's what an American Bar Association Antitrust Section conference on consumer protection heard last week from two senior FTC officials.
Add another $9.75 million to the cost of the TJX Cos. Inc. 2006 data breach.
Bad news if you were a frequent flyer who ponied up the $199 annual fee to participate in Verified Identity Pass, Inc.'s registered traveler program, branded as "Clear." Last night, the company announced that it was "unable to negotiate an agreement with its senior creditor" and shut down. Membership fees will not be refunded.
In February, the Federal Trade Commission released its report on behavioral advertising "guidelines," with strong suggestion over the recent weeks from Commissioner Jon Liebowitz that without significant self-regulation, the online advertising industry could see regulation or legislation.
In the run-up to the enforcement deadline for the Identity Theft Red Flag Rule (August 1, 2009 - more on that in another post), enforcement of the Gramm-Leach-Bliley Privacy Rule and Safeguards Rule has not been forgotten by the Federal Trade Commission.

Security Bits and Bytes

June 18, 2009| Blog

The Wall Street Journal reports that the CEO of Heartland Payment Systems "gets religion" on security. You'll recall that Heartland reported what has been called the "largest security breach ever" earlier in the year.
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