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CABLE TELEVISION

See TELEVISION AND RADIO

CAFA

See CLASS ACTION FAIRNESS ACT (CAFA)

CALIFORNIA

– Cloud computing, L.A. City Council approves moving e-mail and internet services to Google Cloud, 1565
– Computer fraud, changing server password after joint venture failed violates state law (D.N.J.), 1530
– Craigslist sues auto-posting software maker (N.D. Cal.), In Brief, 1506
– Data breach notification

– – Amendment proposed, 5; amendments under review, 507; bill clears the state Senate, 679; state AG notification requirement bill clears legislature, 1310; governor vetoes, 1498
– – Health data amendment, over 800 breaches reported since Jan., 1053

– Data breaches

– – Ameritrade customer e-mail accounts hacked, despite attorney fee concerns proposed class settlement approved (N.D. Cal.), 750; court rejects settlement, decertifies class, 1560
– – Gap stores job applicant data on stolen laptop, future identity theft risk claim insufficient (N.D. Cal.), Special Report, 569
– – Kaiser Permanente hospital employee inappropriately accessed patient's medical records, Cal. agency fines hospital, 738; new patient privacy statute and tabloid legislating, Analysis and Perspective, 943; agency issues another fine for second violation, 1054

– Dish Network and dealers, FTC and state AGs allege no call and state law violations (C.D. Ill.), 497
– Domestic violence, e-mail account accessed by ex-spouse may be abuse (Cal. Ct. App.), In Brief, 806
– E-Verify, bill bans local government use, governor vetoes, 1498
– Facebook

– – Aggregator, Facebook brings claims against (N.D. Cal.), In Brief, 92
– – Beacon program class action settlement, Facebook agrees to shut down service (N.D. Cal.), 1380; court gives preliminary approval of deal, 1561
– – Data mining, alleged to be malicious data harvester in disguise (Cal. Super. Ct.), In Brief, 1293

– Fair Credit Reporting Act affiliate information sharing preemption, whether completely overrides Cal. financial information privacy law (U.S., brief sought), In Brief, 447; Office of Solicitor General says petition should be rejected (amicus brief filed), 870; (rev den), 981; In Brief, 991
– Geographic information, Santa Clara County electronic map must be disclosed (Cal. Ct. App.), 469
– Hacking, using a Cal.-based anonymizer service to access Yahoo account creates jurisdiction (N.D. Cal.), In Brief, 1539
– Pasadena police department entitled to qualified immunity, privacy invasion award nixed (Cal. Ct. App.), In Brief, 806
– Patient privacy statute and tabloid legislating, Analysis and Perspective, 943
– Photographs of private property, state considers limits on posting images online, 470
– Social networking sites disclosure bill vetoed, 1498
– Song-Beverly Credit Card Act

– – E-mail requested by Pottery Barn at point of sale, suit not preempted by CAN-SPAM (Cal. Ct. App.), 1384
– – Jury trial not available on class claim of customers asked for home phone number (E.D. Cal.), In Brief, 1440
– – Party City, zip codes do not fall under state law (Cal. Ct. App.), 13
– – Symantec, data collection ban inapplicable online (C.D. Cal.), 302
– – Williams-Sonoma, zip code collection and marketing use does not violate (Cal. Ct. App.), 1562

– Spam

– – Deceptive e-mail subject claims not preempted (N.D. Cal.), 800
– – Facebook users hit with TRO, including “King of Spam” (N.D. Cal.), In Brief, 447
– – False advertising claims survive preemption (N.D. Cal.), 709
– – ICANN breach, domain registrar and proxy service not liable, spam recipient not beneficiary (N.D. Cal.), 1618
– – Reunion.com's “forward-to-a-friend” e-mails, standing in federal court requires damages (N.D. Cal.), 42
– – Vonage e-mails from multiple domain names, whether state law prohibits (9th Cir.), 15; whether state claim preempted (Cal.), In Brief, 252

– Website access by blind consumers, Target settlement approved (N.D. Cal.), In Brief, 447

CAN-SPAM ACT

– Cell phone calls unsolicited, wireless firms ask FCC for enforcement, consumer complaints increase, 737
– Craigslist sues auto-posting software maker (N.D. Cal.), In Brief, 1506
– Facebook

– – Aggregator, claims brought against (N.D. Cal.), In Brief, 92
– – Phishing, spammers hit with TRO, including “King of Spam” (N.D. Cal.), In Brief, 447

– FCC FY2010 budget request, House Appropriations panel approves, In Brief, 993
– Forwarding service not “provider,” firm lacks standing (9th Cir.), In Brief, 1539
– Obscenity judged by national standard, phrase “material falsification” not unconstitutionally vague (9th Cir.), 1611
– Preemption

– – California

– – – Deceptive e-mail subject claims not preempted (N.D. Cal.), 800
– – – False advertising claims survive preemption (N.D. Cal.), 709
– – – Pottery Barn point of sale request, suit not preempted (Cal. Ct. App.), 1384
– – – Vonage e-mails from multiple domain names, whether state claim preempted (Cal.), In Brief, 252

– – Ohio law does not fall within exception (S.D. Ohio), 560

– “Professional” plaintiff lacked standing to pursue claims (9th Cir.), 1204
– Project Honey Pot seeks assistance of banks and clearinghouse vendors to identify hackers (E.D. Va.), 1236
– Students targeted in scheme, four indicted (W.D. Mo.), In Brief, 677

CANADA

– Accountants

– – Generally Accepted Privacy Principles (GAPP), comments sought on draft update, 504; comment period extended, 747; updated principles add risk management and portable devices criteria, 1606
– – Toolkit for small and medium-sized businesses, industry group publishes, 1311

– Air Canada, right of individuals to access personal information in incident report (Fed. Ct.), 504
– Airport security pilot projects, privacy office reviewing impact assessments, 1504
– Alberta, Personal Information Protection Act, amendments proposed, 1574
– Audits completed on Elections Canada, Passport Canada, Canada Revenue Agency, and Service Canada, 311
– Background search firm, Canada Privacy Office with FTC help finds Accusearch breached PIPEDA, 1173
– Cross-border data sharing, new guidelines set on transfers, 208; PIPEDA allows transfer of citizens' data from Canada but protections follow, ABA Conf., 646
– Data breaches

– – Alberta proposed amendments include government notification, 1574
– – Health data theft, Alberta privacy agency probing attack, 1032
– – Losses due to IT breaches nearly doubled this year, 1437
– – Radisson Hotel chain says hackers gained access to guest data, 1232
– – Saskatchewan annual report, In Brief, 993

– Deep packet inspection

– – Bell Canada needs to explain use, 1289
– – Privacy Comm'r critical of web traffic management tools, 405

– Defamation, anonymous posters

– – Bulletin board, disclosure ordered (Ontario Super. Ct.), 538
– – York Univ., internet users not entitled to chance to object to ID disclosure by ISPs (Ontario Super. Ct.), 1352

– Do-not-call registries

– – Enforcement, regulator issues first notices, 1032; agency issues first fines, 1288
– – Extension increases from three to five years but rejects permanent registration, 633
– – Insurance and real estate agents, bulletins clarify obligations, 783

– Driver's licenses, British Columbia to use facial recognition biometric technology to enhance, 285
– Fingerprint data sharing agreement between with U.K., and Australia concerns Canadian Privacy Comm'r, 1283
– Fraud and breach of trust, former privacy chief Radwanski acquitted, In Brief, 343
– Google Street View, officials welcome retention policy, 1479
– Health data

– – Foreign litigation use, only domestic courts may approve, 251
– – Nova Scotia, omnibus health records privacy protection bill includes breach notice and marketing limits, 1617

– Hotel night club patron data collection, court to hear Privacy Comm'r challenge (Fed. Ct.), 170
– Identity management systems, Ontario unveils online tool, In Brief, 251
– Identity theft, tough legislation reintroduced, to amend criminal code, 565; bill passes Senate, Stoddart argues rules better option, 932; Stoddart urges coordinated approach, 1438; Canadian Parliament passes bill but implementing provisions delayed, 1575
– Internet traffic management technologies, new policy addresses customer privacy, 1536
– Jurors, Ontario investigating police checks, In Brief, 883
– Laptop encryption

– – Alberta Health Services denounced for failure to encrypt stolen laptops, 964
– – Ponemon human factor survey, 132

– Marketing list service using public data without consent did not violate PIPEDA, 881
– Ontario Info. and Privacy Comm'r, Cavoukian named to third term, 840
– Pawn shop customer data collection (Alberta Ct. of Queen's Beach), In Brief, 91
– PIPEDA annual report finds more complaints filed, urges online caution, 1478
– Retailer return policies, collection of customer data probed by Ontario agency and Ernst & Young, 171
– Social networking websites

– – Facebook

– – – Case summary, agency report cites ongoing problems, 1061; Privacy Comm'n approves plan to bring site into PIPEDA compliance, 1289
– – – Discovery of plaintiff's postings allowed despite privacy settings (Ontario Super. Ct.), 406

– – Second Life activities covered by PIPEDA according to research report, 445
– – User ID verification, privacy office will not require, In Brief, 634

– Spam ban bill creates private right to sue and include penalties, ISPs support, 671; bill includes clause to end marketer no-call list but not immediately, 713; Analysis and Perspective, 810
– Taxation, eBay Canada must reveal PowerSellers data, 1470
– Telecommunication agency launches review of customer data use and privacy rules, 312
– Video monitoring

– – Best practices, privacy agency finalizes guide, 839
– – PI video spying, privacy office may seek court order to enforce recommendation, 881
– – Picketing, Alberta agency ruling set limits on union use, 566

– Whois privacy policy changes, Canadian Internet Registration Auth. seeks comments, 1062

CDA

See COMMUNICATIONS DECENCY ACT (CDA)

CELLULAR TELEPHONES

– Banking, security and privacy top concerns, KPMG report, In Brief, 567
– Billing documents, numbers must be redacted before disclosure (Pa.), In Brief, 21
– Camera phone require sound, In Brief

See LEGISLATION, FEDERAL, HR 414

– Chinese province rejects bill to require user registration, 881
– Debt calls to landline transferred to cell phone, FCC seeks comments, 494
– Employee monitoring policies, IAPP Privacy Summit speaker says companies must update to keep pace with technology, 480
– Encryption of portable devices, ICO orders Home Office, 168
– Fla., Blackberry messages are public records, In Brief, 1392
– Location data and services

See LOCATION DATA AND SERVICES

– Mobile marketing

– – Best practices, trade association revises, In Brief, 48
– – Consumer choice called key to success at State of Mobile Net conference, 621
– – COPPA, FTC expedites rules review due to trends, 615
– – FTC probe, consumer groups seek, stronger data collection notice urged, 76; FTC report focuses on COPPA rules, text spam, and spyware, 615
– – Japan moves to limit use of internet and location data for targeted ads, 1282
– – Wal-Mart Stores, new privacy policy contains some opt-ins and customer preference center, 1053

– Nude cell phone photo viewing by police prompts lawsuit (W.D. Va.), In Brief, 599; lacked objectively reasonable expectation of privacy, 1349
– Prerecorded debt calls may violate TCPA (W.D.N.Y.), In Brief, 1578
– Smishing, tax officials note new data security threats, 868
– Spain no-mail registry list expanded to calls, texts, and e-mails, 987
– Spam

– – Canadian bill creates private right to sue and include penalties, ISPs support, 671; bill includes clause to end marketer no-call list but not immediately, 713; Analysis and Perspective, 810
– – CFAA loss, collective class can together satisfy threshold but pleadings must transcend mere allegations (D. Minn.), 1147
– – EMX Pty agrees to pay Australian text message fine, In Brief, 49
– – Irish DPA has no duty to seek informal resolution prior to filing suit (H. Ct.), 170

– Spoofing

See SPOOFING

– Surveillance, employee text messages private due to informal policy of never auditing messages, rehearing denied (9th Cir.), 200
– Telemarketing

– – FCC, wireless firms seeks enforcement of TCPA and CAN-SPAM Act, consumer complaints increase, 737
– – Text messages are “calls” under TCPA, capacity not actual activity decisive (9th Cir.), 959
– – Verizon Wireless to be paid by telemarketer to settle suit over unsolicited calls (D.N.J.), 500

– Voice message conversion system, U.K. ICO questions use of humans to transcribe messages into text, 1100
– Wiretapping, texting with arrestee's cell phone required warrant (Pa. Super. Ct.), In Brief, 939
– Yahoo privacy policy now allows opt-out of behavioral tracking, 1092

CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

CHILD PORNOGRAPHY

– FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529
– ISP data retention requirements

See LEGISLATION, FEDERAL, HR 1076, S 436

– N.J. governor signs cybercrime bills, 1531
– Search and seizure

– – Delay in getting computer search warrant unreasonable and requires suppression of evidence (11th Cir.), 669
– – One-hour computer upgrade service, whether privacy expectation (U.S., rev den), In Brief, 882
– – Paramedic, co-worker search of laptop not as government agent, no evidence ban (8th Cir.), In Brief, 473
– – Probable cause, old porn site subscription enough to establish (6th Cir.), In Brief, 1506
– – Virus search consent does not extend to images (Ill. App. Ct.), In Brief, 747
– – Warrant for documents and records did not justify search of computer at scene (9th Cir.), 1171

– Self-incrimination, production of unencrypted version of hard drive does not qualify (D. Vt.), 398
– U.K., parliamentary group launches inquiry into ISP role in catching bad actors, 675

CHILDREN

– Article 29 Working Party, data rights second to child's best interest, In Brief, 343
– Broadband access, FCC seeks comments on privacy issues, 555; comments received, 863; FTC files comments, 1307
– COPPA

See CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)

– Me., new law limits data collection, In Brief, 1102; effective date nears, attorneys warn marketers to prepare, 1209; state AG will not enforce law, files motion to dismiss, legislative review sought (D Me.), 1267; suit dismissed though law likely unconstitutional, 1305; law successful in increasing focus on issue, Analysis and Perspective, 1320
– Mental health records

– – Custody court may order evaluation but not require disclosure of existing records (Pa. Super. Ct.), In Brief, 474
– – Mother properly denied access, children's best interests trump parent's statutory right to release of such records (Iowa), 627

– Minn. newborn screening program, genetic privacy law

– – Exemption proposed, 443
– – Families sue state agency alleging violations (Minn. Dist. Ct.), 443

– Parental control software tracking and selling online activity data of minors (FTC), 1472
– Search consent of own bedroom from child victim invalid (Mont.), In Brief, 940
– Social networking websites

– – EU self-regulatory pact signed, 279
– – German site faces blackmail after theft of user data, 1533
– – Spain, DPA and IT institute report studies on privacy risks, 280; DPA in consultations with firms to discuss privacy and protections, 537; Tuenti site to fix gaps, In Brief, 1035; Facebook, new system to establish stricter privacy protections, In Brief, 1103

– U.K. data breaches

– – Leicester City Council nursery, ICO takes enforcement action, In Brief, 785
– – Manchester City Council ordered to encrypt laptops after theft, In Brief, 965
– – Neath Port Talbot County Borough Council ordered to encrypt all portable devices after losing memory stick, In Brief, 1103
– – Wigan Council laptop with children's data stolen, ICO examining, In Brief, 567; ICO orders encryption of mobile devices, 1288

– Utah child protection e-mail registry, adult entertainment group drops suit (D. Utah), 1473

CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)

– Apparel marketer agrees to FTC fine to settle data collection and privacy notice claims (S.D.N.Y.), 1521
– Mobile marketing trends, FTC expedites rules review due to, 615
– Parental control software tracking and selling online activity data of minors (FTC), 1472

CHILE

– Government transparency law takes effect, data must be posted online, 632

CHINA

– Cell phone user registration, Guangdong province rejects bill to require, 881
– Credit agencies, draft data collection and usage rules issued, 1500; legal experts laud new draft rule, 1573
– Cyber-hunting

– – Jiangsu Province passes ordinance, 206
– – Wife's suicide, man harassed after personal data posted, awarded damages, 90

– Data privacy protection criminal law under review by People's Congress panel, 338; China enacts law, 403; Analysis and Perspective, 414
– Data security certification rule, China drops for foreign products sold in private security, 670

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL PROCEDURE

See PROCEDURE

CLASS ACTION FAIRNESS ACT (CAFA)

– Data breaches, Hannaford Bros. Co., one consumer suit remanded due to home state exception (1st Cir.), 720; bulk of claims dismissed, only narrow negligent damages action survives (D. Me.), 749; hacker indicted in record breaking case (D.N.J.), Special Report, 1244; hacker pleads guilty (D. Mass.), 1272; judge certifies damages question to state court (D. Me.), 1495

CLASS ACTIONS

– AOL, class argues embedded e-mail ads violate ECPA (C.D. Cal.), In Brief, 806
– Argentina, telecommunication data retention law unconstitutional, limited class action rights acknowledged (CSJN), 340
– Background checks, Dallas-based corporate events planner, EEOC files class suit over firm's use of credit and criminal histories in hiring (D. Md.), 1471
– Cal., Song-Beverly Credit Card Act

– – Jury trial not available on class claim of customers asked for home phone number (E.D. Cal.), In Brief, 1440
– – Williams-Sonoma, zip code collection and marketing use does not violate (Cal. Ct. App.), 1562
– – Zip codes do not fall under state law barring retailer collection of personal data (Cal. Ct. App.), 13

– Data breaches

– – Ameritrade customer e-mail accounts hacked, despite attorney fee concerns proposed class settlement approved (N.D. Cal.), 750; court rejects settlement, decertifies class, 1560
– – AOL research database, most of class must file in Va. (9th Cir.), In Brief, 210
– – Bank of America settlement, privacy class objectors' claims tossed (Cal. Ct. App.), 987
– – Circuit City customer suit against Chase Cards Services dismissed (S.D.N.Y.), 1055
– – Countrywide owner Bank of America to cover data breach freeze costs, consumer class action settlement proposed (W.D. Ky.), 205
– – Hannaford Bros. Co., one consumer suit remanded due to CAFA home state exception (1st Cir.), 720; bulk of claims dismissed, only narrow negligent damages action survives (D. Me.), 749; hacker indicted in record breaking case (D.N.J.), Special Report, 1244; hacker pleads guilty (D. Mass.), 1272; judge certifies damages question to state court (D. Me.), 1495
– – Heartland Payment Sys.

See DATA BREACHES

– – RBS WorldPay, consumer class amends complaint over data breach hack (N.D. Ga.), 274; oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873
– – Starbucks laptop stolen, workers file class action (W.D. Wash.), 336
– – TJX Cos., remaining bank plaintiffs may pursue some claims (1st Cir.), 532; final bank plaintiffs settle claims (D. Mass.), 1260; hacker pleads guilty, 1272
– – Veterans' Affairs Dep't (VA)

– – – Medical center hard drive lost, putative class cannot demonstrate actual damages, APA claims remanded (11th Cir.), 929
– – – Theft of personal data, veterans settle Privacy Act claims (D.D.C.), 199; settlement approved, In Brief, 314; attorneys' fee award lowered, 1385

– Data retention, tax preparer tossed client files in dumpster, damage showing needed for breach, tort, and tax class claims (E.D. La.), 82; state claim of loan brokering without license not added, In Brief, 678; motion for reconsideration dismissed, In Brief, 807; specific list of lax data security measures allows privacy policy breach claims to survive, 961; some discovery limited, requests overbroad, 1382
– Discrimination, Target settles web access claims of blind consumer class (N.D. Cal.), In Brief, 447
– Equifax, class alleging firm failed to verify data in credit reports with public source certified (D.N.J.), 1529
– Facebook

– – Beacon program

– – – Blockbuster cannot compel arbitration when contract illusory and unenforceable (N.D. Tex.), 626
– – – Shut down of program agreed to in class action settlement (N.D. Cal.), 1380; court gives preliminary approval of deal, 1561

– – Data mining, alleged to be malicious data harvester in disguise (Cal. Super. Ct.), In Brief, 1293

– FACT Act

– – Bacci Cafe, class of customers certified, third party complaint against processing equipment company dismissed (N.D. Ill.), 1279
– – Brand identifier, FACT Act does not prohibit inclusion when also appears in word form (W.D. Mich.), 1350
– – Business-owned card transaction does not invoke liability (N.D. Ill.), 1382
– – Mexican Specialty Foods, statutory damages provision constitutional, credit card receipt class suit revived (11th Cir.), 710

– Google Book Search settlement, CDT says court should monitor to ensure strong user privacy, 1144; proposed settlement draws privacy rights objections (S.D.N.Y.), 1315; fairness hearing delayed, 1433
– HITECH Act suit filed, alleges law violates privacy by failing to protect data (S.D.N.Y.), 1026
– IP addresses not personal data, collection ban agreement not breached (W.D. Wash.), 1022
– Junk faxes

– – Afgo Mech. Servs. suit rejected due to lack of jurisdiction when statutory damage threshold not meet (D.N.J.), 1274
– – Al Copeland Inv., “manifestly erroneous” certification reversed (La. Ct. App.), 1380
– – Beaty Constr., recipients class certified (N.D. Ill.), In Brief, 314
– – Partial owners of machines removed from class (E.D. Ill.), In Brief, 1538

– License plate surveillance of Cintas employees, union liable (U.S., rev den), 497; In Brief, 505; union not liable for punitive damages (E.D. Pa.), 1203
– NSA telecommunications records litigation, class action claims dismissed, FISA amendments constitutional (N.D. Cal.), 828
– Power-of-attorney status applicants, final FCRA settlement over Bank of America credit reviews approved (E.D. Pa.), 274
– Spam, collective class can together satisfy CFAA loss threshold but pleadings must transcend mere allegations (D. Minn.), 1147
– Time Warner, court approves class settlement in cable firm sale of customer data (E.D.N.Y.), 1144
– USPS co-branding efforts, worker unjust enrichment challenge on alleged personal data disclosure dismissed (W.D. Wash.), 1277
– Video monitoring of police employee locker room, class settlement approved (C.D. Cal.), 1271

CLOSED CIRCUIT TELEVISION

See TELEVISION AND RADIO

CLOUD COMPUTING

See INTERNET

COLLEGES

See SCHOOLS

COLOMBIA

– Cybercrime law signed, 43

COMMERCE DEPARTMENT

– Assistant secretary for communications and information, Senate approves Strickling, 981
– Budget FY2009, Omnibus Appropriations Act

See LEGISLATION, FEDERAL, HR 1105

– International Trade Admin., Obama names Sanchez, 585; Senate Banking Comm. approves Sanchez, 770
– Secretary, Symantec CEO Thompson is leading candidate, 194; Obama names Gregg (R-NH), 231; Gregg withdraws, delays in sub-cabinet appointments, 270; Locke nominated, 328; Senate Commerce Comm. approves nomination, 460; Senate approves nomination, 494
– Undersecretary O'Neill, BNA interview, 94

COMMUNICATIONS

See TELECOMMUNICATIONS

COMMUNICATIONS DECENCY ACT (CDA)

– Anti-spyware software, “good Samaritan” provisions shields from claims brought by internet services (9th Cir.), 984
– Money laundering with alleged fraudulent ads, CDA controls unless Google requires illegal content (N.D. Cal.), In Brief, 49
– MySpace not contact provider, not liable for assault by sexual predator (E.D. Tex.), 831
– Telephone records sold, no immunity from FTC Act unfair practices claims (10th Cir.), 1020
– Union not liable for members' web comments when not acting as union agents (D. Nev.), In Brief, 678
– Yahoo shielded from claim for failure to remove content (9th Cir.), In Brief, 805; opinion amended, In Brief, 995

COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Access authorization

– – Am. Family Mutual Ins., sending letters to client list ruled authorized (N.D. Iowa), In Brief, 447
– – B13 director's alleged misuse not “without authorization” if he controlled database (N.D. Ill.), 1148
– – Black & Decker employee signed confidentiality agreement, petition denied (6th Cir.), In Brief, 210
– – Bridal Expo contact lists copied by ex-employees before leaving, data misuse not covered (S.D Tex.), 275
– – Codux Intl., downloading proprietary information not “unauthorized,” later misuse not covered (D. Minn.), 15
– – Ervin & Smith Adver., access unauthorized when worker policy breached (D. Neb.), In Brief, 313
– – Lasco Foods, employees' bad intent made data access unauthorized (E.D. Mo.), 1609
– – LVRC Holdings, authorization based on employer policies not misuse (9th Cir.), 1377; employers should revisit data misuse policy, Special Report, 1441
– – MySpace, fictitious page leads to teenage girl's suicide, CFAA provision that arguably criminalized breaches of terms of service void for vagueness (C.D. Cal.), 1278; attorneys offer terms of service drafting suggestions, 1343
– – P2P shared folder, no unauthorized access when files accessible to general public (E.D. Pa.), In Brief, 407
– – SalesTraq Am., claim fails against party who paid for access but misused contents, other claims continue (D. Nev.), 931
– – Social Security Admin., former employee found guilty with exceeding (S.D. Fla.), In Brief, 1175
– – US Bioservices, plaintiff used information authorized to access to form competing business, misuse not CFAA claim (D. Kan..), 202
– – Vurv Tech., employees' authorization to access corporate data terminated on last workday (N.D. Ga.), 1145

– Craigslist sues auto-posting software maker (N.D. Cal.), In Brief, 1506
– “Damage or loss” requirement

– – Allied Safety Consultants, costs and lost profits not “loss ” without service interruptions (E.D. Tenn.), 1379
– – Bloomington-Normal Seating, allegations of loss alone enough to advance to trial (C.D. Ill.), 830
– – Civil claims

– – – Councilwoman claims unauthorized access of her e-mail by mayor, damage not required (N.D. Ill.), 1275
– – – Former employees misuse proprietary data, loss above CFAA floor yields federal jurisdiction (N.D. Tex.), 441

– – Erasure program use supports issuance of ex parte TRO (D. Colo.), 1205
– – Expert search not CFAA loss when pre-litigation action, IT agreement breach claim survives (N.D. Ill.), 533
– – Expired password use to access software neither, copyright claims also fail (N.D. Ill.), 986
– – Goodwill loss qualifies (D. Or.), In Brief, 1355
– – Laptops, worker delay in returning and deletions meet requirements but dismissed due to no evidence of unauthorized access (E.D. Mo.), 236
– – Limitations period runs from discovery of damage, not loss (N.D. Ill.), In Brief, 448
– – Lost revenue due to misappropriated data does not qualify (M.D. Ga.), 81
– – Motorola, former employee date misuse, alleged losses sufficient to pursue claims (N.D. Ill.), 335
– – Paradigm Alliance, costs to investigate unauthorized website access were “losses” (D. Kan.), 1497
– – Spam, collective class can together satisfy CFAA threshold but pleadings must transcend mere allegations (D. Minn.), 1147
– – TelQuest Intl., costs of computer misuse probe and alleged lost revenues not “losses” (D.N.J.), 1496
– – “Time bomb” code theory by software purchaser satisfies pleading requirement (D.N.J.), 164
– – Time Warner, claim resting on ISP network throttling must allege damage and loss (S.D.N.Y.), 1149

– Facebook

– – Aggregator, claims brought against (N.D. Cal.), In Brief, 92
– – Beacon program class action settlement, Facebook agrees to shut down service (N.D. Cal.), 1380; court gives preliminary approval of deal, 1561
– – Phishing, spammers hit with TRO, including “King of Spam” (N.D. Cal.), In Brief, 447

– Fannie Mae, ex-worker pleads not guilty to charges of planting malware time bomb (D. Md.), 240
– Protected computers

– – Cenveo, claims failed when unsure how employee accessed confidential executive salary information (D. Conn.), 1497
– – Dedalus Found., use in commerce definition refers to device not access route (S.D.N.Y.), 1609

COMPUTERS

– China, data security certification rule dropped for foreign products sold in private security, 670
– Converge IT asset disposition trends survey, data security chief concern, In Brief, 540
– Cybercrime

See CYBERCRIME

– E-commerce

See ELECTRONIC COMMERCE

– E-mail

See E-MAIL

– Evidence, breached order to not touch brings sanction (E.D. Va.), In Brief, 1293
– Extortion threat to computers, laid off worker pleads guilty (D.N.J.), In Brief, 677
– File sharing

See FILE SHARING

– France, CNIL to offer software products and processes labels certifying privacy compliance, 935
– Fraud

– – Cal. and N.J. state laws, changing server password after joint venture failed violates (D.N.J.), 1530
– – CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Hacking

See HACKING

– Internet

See INTERNET

– IRS and TIGTA detail computer matching program, In Brief, 1176
– Laptops

See LAPTOPS

– Misconduct, no FMLA violation to fire executive on leave who refused to give up keys and passwords (7th Cir.), 1235
– N.Y., tax break for data security hires and purchased technology proposed for businesses, 636
– Scareware scheme, FTC reaches accord with defendants (D. Md.), 952; CEO's role in management of ads supports individual claims against him, 1381
– Search and seizure

See SEARCH AND SEIZURE

– Software

– – Subscription automatic renewal programs, firms and N.Y. settlement includes penalties and disclosure reforms, In Brief, 940
– – Unauthorized use, sanction granted for post-notice deletion (W.D. Ky.), In Brief, 1152

– Spam

See SPAM

– Spyware

See SPYWARE

– Theft

See DATA BREACHES

– U.K. National Health Service (NHS)

See UNITED KINGDOM (UK)

– Unauthorized access, dominatrix solicitation using work computer (Ohio Ct. App.), In Brief, 718
– Virus search consent does not extend to child pornography images (Ill. App. Ct.), In Brief, 747

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears in the Journal section at the end of selected issues.
– American Bar Ass'n (ABA)

– – Administrative Practice Comm., 748
– – American Law Institute teleconference, 78
– – Annual meeting 2009

– – – E-discovery, 1180
– – – Health 2.0, 1200
– – – Social networks and mobile marketing, 1178
– – – Workplace policies, 1177

– – Antitrust Section conference on consumer protection, 952
– – Business Law Section

– – – Cloud computing, 646
– – – PIPEDA, 646
– – – Web 2.0 technologies, 647

– – E-Verify teleconference, 1526
– – EEOC considers guidance on background checks, teleconference, 600
– – Employment Rights and Responsibilities Comm. spring meeting, 542
– – Health and welfare benefit plan conference, 1524
– – Health Law Section, 558
– – Technology in the Practice and Workplace Comm., 712
– – Washington Healthcare Summit, 1558

– American Cable Ass'n, 666
– American Health Info. Mgmt. Ass'n

– – E-health records, 1232
– – Red flag rules, 1233

– American Univ. Washington College of Law, 191
– Anti-Counterfeiting Trade Agreement, Rabat talks, 1091
– Armed Forces Communications and Elec. Ass'n, 57
– Asia-Pacific Economic Cooperation (APEC)

– – Cross-border data transfer enforcement agreement endorsed, 1154
– – Data privacy subgroup technical forum, 338

– BNA audio conference, Privacy in a Time of Great Change, 588
– Children's Health Fund, e-health panel discussion, 1051
– Collaboration on Government Secrecy, “Information Policy in the New Administration,” 191
– Computer & Communications Industry Ass'n

– – Boucher (D-Va), 702
– – FTC Leibowitz, 705

– Computers, Freedom & Privacy Conf. 2009

– – Cloud computing under ECPA, 827
– – Online advertising consent, 827

– Conference on Data Protection and Data Security, 876
– Congressional Internet Caucus

– – Annual State of the Net Conf., 77
– – Cybersecurity forum, 843

– Consumer Fed'n of Am., 461
– Council for Electronic Revenue Communication Advancement (CERCA) spring meeting, In Brief, 677
– D.C. Bar session on GINA rules, 1525
– Duke Univ., School of Public Policy, “Protecting National Security and Privacy,” 193
– Dutch government agencies meet with ISPs on data retention, 1535
– E-health Initiative webinar on stimulus provisions, 587; 622
– Electronic Data Exchange Workshop, 668
– EEOC GINA public meeting, 325
– EC Data Protection Conference 2009

– – EU framework, 781
– – International framework, 779

– European Data Protection Supervisor and ENISA seminar, 1570
– European Privacy and Data Protection Commissioner's Conf., 675
– EU Article 29 Working Party

– – 69th plenary session

– – – Children's data rights, 343
– – – E-discovery, 315
– – – Search engine data retention standards, 278

– – 70th plenary session, 594
– – Brussels meeting, 1480

– EU behavioral targeting roundtable, 535
– FTC, OECD, and APEC workshop, “Securing Personal Data in the Global Economy”

– – Leibowitz says FTC will enforce requirements and seek global common ground, 461
– – Self-regulatory guidance, 462

– FTC, privacy challenges, roundtable talks planned, 1261; FTC announces series, 1346; FTC sets schedule, 1603
– George Mason Univ. and Microsoft conference, behavioral tracking, 733
– Global Cyber Security Conf., 1175
– Health and Human Service Dep't HIT conference, 980
– Health Insurance Portability and Accountability Act, 17th Summit, 1348
– HIT Policy Comm.

– – HHS draft meaningful use standards, 925; comments received, clarification may be needed, 954
– – Inaugural meeting, 734
– – Meaningful use timeline set, certification recommendations presented, 1230

– HIT Regional Extension Centers, grants announced at Mt. Sinai Hosp., 1229
– HIT Standards Comm. inaugural meeting, 772
– HITECH Act Capitol Hill forum, 496
– Homeland security, Data Privacy and Integrity Advisory Comm. teleconference, 269
– House Cybersecurity Caucus teleconference, 493
– ICANN

– – Board meeting in Sydney, 981
– – 35th Intl. Public Meeting, 842

– Immigration Law and Policy Conf., Sixth Annual, 954
– International Ass'n of Privacy Professionals (IAPP), Privacy Academy

– – Cloud computing, 1398
– – E-health, 1401
– – Health data breach notice rules, 1401
– – Mass. data security rules, 1399
– – Social networking sites, 1398

– International Ass'n of Privacy Professionals (IAPP), Privacy Summit

– – Business Forum for Consumer Privacy paper, 477
– – Cloud computing, 475
– – Data brokers, 478
– – E-health adoption, 481
– – Employee monitoring policies, 480
– – Genetic data, 482
– – Internet privacy notices, 479
– – Medical identity theft, 482
– – Self-regulatory framework, 331
– – Senate Commerce Comm., 478

– International Conf. of Data Protection and Privacy Comm'rs

– – Bilbao meeting, global data standards, 934
– – Madrid meeting

– – – Barcelona preparatory meeting, 85
– – – Conference report, 1620
– – – Data processing standards, draft proposal, 779

– International Conf. on Cross Border Data Flows, Data Protection, and Privacy, 1430
– International Found. of Employee Benefit Plans, HITECH Act webcast, 394
– International Telecomm. Union (ITU), Telecom World 2009, 1476
– IRS Software Developers Conf., 868
– Jackson Lewis, E-Verify webinar, 1377
– Mass. Inst. of Tech., HIT Symposium, HITECH Act

– – Implementation discussed, 1017
– – Total grants higher than anticipated, 980

– National Comm. on Vital and Health Statistics, HHS advisory committee, 667
– National Employment Law Inst., 1266
– National Governors Ass'n panel on stimulus package e-health provisions, 401
– National Legal Malpractice Conf., 678
– Object Management Group Cloud Standards Summit, 1091
– Philippine Comm'n on Info. and Communications Tech., 435
– Proskauer Rose, privacy and data security conference, 1466
– RSA Conference 2009

– – Cybercrime, 641; 644
– – Cybersecurity, 640
– – Cybersecurity review preview, 644
– – Federal data security under Obama, 643
– – Survey results, 642

– Society for Human Resource Mgmt., Employment Law & Legislative Conf.

– – E-discovery, 440
– – E-Verify, 441

– Spanish Data Protection Agency (AEPD), Second Annual Open Session, 207
– State of Mobile Net conference, 621
– TechAmerica press event on cybersecurity review, 795
– TRUSTe and Center for Democracy and Tech. talk at Google, 1469
– Univ. of Cal. Berkeley law forum on social networking, 1566
– U.S. Chamber of Commerce, Lieberman (I-Conn) speech, 1605
– World Anti-Doping Agency, 748

CONFIDENTIALITY

– Attorneys

See PRIVILEGED COMMUNICATIONS

– FDIC employee indicted on charge of disclosing confidential bank data (D. Kan.), 1496
– Pretexting claim in confidential business information dispute, jury award to former saleswoman (Ill. Cir. Ct.), 1528
– Suspicious Activity Reports (SARs), FinCEN and OCC propose standards, 439
– Tax returns

See TAXATION, subheading: Disclosure of tax return data

– Trade secrets

See TRADE SECRETS

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Congressional Internet Caucus

– – Annual State of the Net Conf., 77
– – Cybersecurity Policy Review forum, 843
– – Sen. Thane (R-SD) added as co-chair, In Brief, 635

– House

– – Homeland Security Comm., Langevin takes leave of absence, 79
– – Internet and Telecommunications panel, Markey (D-Mass) gives up chair, Boucher (D-Va) assumes, 39; Boucher expresses interest in privacy and data collection legislation, 229

– Lobbying disclosure law, challenge rejected (D.C. Cir.), In Brief, 1314
– Senate

– – Communications and Technology panel reformed, Kerry (D-Mass) named chair, 286
– – Judiciary Comm., Sessions (R-Ala) named ranking GOP member, In Brief, 716
– – Kennedy's (D-Mass) passing impacts key committee leadership positions, 1264; Harkin (D-Iowa) picked as new HELP Comm. chair, 1308

CONNECTICUT

– Data breaches

– – Bank of N.Y. Mellon agrees to pay state, already paying for credit protection, 241
– – Countrywide owner Bank of America to cover data breach freeze costs, consumer class action settlement proposed (W.D. Ky.), 205
– – People's United Bank laptop lost, post-breach fear of identity theft satisfies standing but not compensable without loss (D. Conn.), 1348

– Freedom of information law trumps hospital peer review privilege for records (Conn.), In Brief, 1243
– Payment card receipt printing restrictions, bill introduced, 215
– Prescription data, bill restricts use for marketing, 256
– Taxation

– – Audit report on stolen agency laptop concludes failure to properly manage and protect data, 1499
– – Swiss bank client names, state AG seeks UBS names, 1285; Swiss judge orders UBS to notify clients before turning over account details, 1391

CONSTITUTIONAL LAW

– First Amendment

– – Freedom of speech

See FREEDOM OF SPEECH

– – Political affiliations, DOJ job applicants may proceed (D.D.C.), In Brief, 1393

– Fourth Amendment

– – Malicious prosecution not found in conviction for computer spying on coworkers (W.D Va.), In Brief, 1313
– – Search and seizure

See SEARCH AND SEIZURE

– Fifth Amendment

– – Double jeopardy attaches to federal statutes on ID theft and aggravated ID theft (11th Cir.), 1272
– – Due process

See DUE PROCESS

– – FACT Act permissible statutory damage ranges do not violate clause (N.D. Ill.), 334
– – Self-incrimination, production of unencrypted version of laptop's hard drive does not qualify (D. Vt.), 398

– Fourteenth Amendment

– – Identity theft, privacy right not implicated by SSN stolen off county clerk's website (U.S., rev den), 81; In Brief, 90
– – Nude cell phone photo viewing by police prompts lawsuit (W.D. Va.), In Brief, 599; lacked objectively reasonable expectation of privacy, 1349
– – Prisoner's DNA, challenge to collection and storage rejected (D.C. Cir.), In Brief, 50

– Bomb, air traveler allegedly monitored for saying word has standing for civil rights claims (D.C. Cir.), 399
– Confrontation Clause, privilege extends to private therapist's records (Del.), In Brief, 718
– E-Verify system, Ill. law barring use unconstitutional (C.D. Ill.), 468
– FISA Amendments, NSA telecommunications records litigation, class action claims dismissed (N.D. Cal.), 828
– Me. minor marketing law challenge dismissed though law likely unconstitutional (D. Me.), 1305; law successful in increasing focus on issue, Analysis and Perspective, 1320
– Smoking workplace policies, Analysis and Perspective, 1540
– Void for vagueness doctrine

– – CAN-SPAM Act phrase “material falsification” not unconstitutionally vague (9th Cir.), 1611
– – MySpace, fictitious page that leads to teenage girl's suicide violates terms of service, acquittal motion on CFFA provision granted (C.D. Cal.), 1278; attorneys offer terms of service drafting suggestions, 1343

CONSUMER FINANCIAL PROTECTION AGENCY (CFPA)

– FTC chair assures lawmakers agency would maintain key powers, Consumer Union supportive, 1016
– Hill Watch, status of significant bills, chart, 1333
– Obama financial regulatory reform proposal includes, FTC to share power, 977

CONSUMER PROTECTION

– Behavioral targeting

See ADVERTISING

– Credit-based insurance score study, FTC approves data protection plan, In Brief, 677
– Credit reports

See CREDIT REPORTS

– Data breaches

See DATA BREACHES

– Data broker concerns, Akaka (D-Haw) to study as part of Privacy Act review, IAPP Privacy Summit, 478
– Data handling, groups say regulators can keep pace with technology only with focus on corporate accountability, 1563
– Digital consumer rights guide, EC launches, In Brief, 717
– Do-not-call registries

See DO-NOT-CALL REGISTRIES

– Financial regulatory reform

– – Frank (D-Mass) bill

See LEGISLATION, FEDERAL, HR 3126

– – FTC chair assures lawmakers agency would maintain key powers, Consumer Union supportive, 1016
– – Obama proposal includes new agency that will share power with FTC, 977

– Identity theft

See IDENTITY THEFT

– Investor Protection Act

See LEGISLATION, FEDERAL, HR 3817

– Junk faxes

See FAXES

– Making Home Affordable Programs, search engine firms must identify advertisers misdirecting users (D.D.C.), 772
– Sears Holdings Mgmt. settles FTC claims of consumer data collection without proper disclosure (FTC), 824; proposed settlement involves software tracking of online activity, 869; settlement casts doubt on sufficiency of established practice, Viewpoint, 1070; FTC approves final consent order, 1306
– Self-regulatory framework, industry coalition drops effort to craft legislation, 331
– Senate Commerce Comm. expected to revisit proposals, IAPP Privacy Summit, 478
– Sentinel Network Data Book, FTC reports that ID theft once again leading complaints, 329
– Spam

See SPAM

– Telemarketing

See TELEMARKETING

COPPA

See CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)

COPYRIGHTS

– Anti-Counterfeiting Trade Agreement, groups seek to restrict internet use and ask for more documentation on talks, 774; privacy groups concerned about internet privacy ramifications, 1091
– Blanket filtering, consumer advocacy group decries, interferes with privacy of end users, In Brief, 1103
– Expired password use to access software, claims fail (N.D. Ill.), 986
– Facebook, violating terms of service actionable, accessed network through automated means (N.D. Cal.), In Brief, 806
– File sharing

See FILE SHARING

– Google Book Search settlement, CDT says court should monitor to ensure strong user privacy, 1144; proposed settlement draws privacy rights objections (S.D.N.Y.), 1315; fairness hearing delayed, 1433
– SalesTraq Am., CFAA claim fails against party who paid for access but misused contents, other claims continue (D. Nev.), 931

CORPORATE SECURITY

– Accountants, Generally Accepted Privacy Principles (GAPP), comments sought on draft update, 504; comment period extended, 747; updated principles add risk management and portable devices criteria, 1606
– Arbitration agreement, employer's lax data security leads to rejection of validity of worker's electronic signature (D. Kan.), 469
– Binding corporate rules (BCRs)

See BINDING CORPORATE RULES (BCRs)

– Consumer data handling, groups say regulators can keep pace with technology only with focus on accountability, 1563
– Data sharing, N.Y., omnibus law includes employer SSN use and personal data sharing restrictions, 8
– IT cybersecurity warning, DHS issues baseline risk assessment, 1264
– Italy, shareholders may access contact data of fellow shareholders, In Brief, 717
– Regulatory compliance chief policy challenge to corporations, Deloitte reports, 233
– Small Business SOX Compliance Relief Act

See LEGISLATION, FEDERAL, HR 3775

– Survey results, most companies facing IT security budgets cuts and concerned over net applications, RSA Conf., 642
– U.K. standards body seeks comments on standard for personal information management systems (PIMS), 89; BSI British Standards launches voluntary standard for businesses, 838
– Value propositions of data protections, Ponemon survey, 1107

COSTA RICA

– Data protection, Assembly to move on measure, joins others following EU model, 989

COUNSEL

See ATTORNEYS

COURT RECORDS

See PUBLIC RECORDS

CREDIT CARDS

– Cal., Song-Beverly Credit Card Act

– – E-mail requested by Pottery Barn at point of sale, suit not preempted by CAN-SPAM (Cal. Ct. App.), 1384
– – Jury trial not available on class claim of customers asked for home phone number (E.D. Cal.), In Brief, 1440
– – Symantec, data collection ban inapplicable online (C.D. Cal.), 302
– – Williams-Sonoma, zip code collection and marketing use does not violate (Cal. Ct. App.), 1562
– – Zip codes do not fall under Cal. law barring retailer collection of personal data (Cal. Ct. App.), 13

– CardSystems data breach, bank negotiates with auditor that certified payment card processor before breach (D. Ariz.), 871
– China issues draft data collection and usage rules, 1500; legal experts laud new draft rule, 1573
– Data breaches

– – Circuit City customer class action suit against Chase Cards Services dismissed (S.D.N.Y.), 1055
– – Heartland Payment Sys.

See DATA BREACHES

– – Landesbank Berlin credit card customer data breach caused by couriers' stolen stollen cover up, 21
– – Network Solutions, source of hack affecting credit card accounts not identified, 1144
– – Radisson Hotel chain says hackers gained access to guest data, 1232
– – TJX Cos.

– – – Banks, remaining plaintiffs may pursue some claims (1st Cir.), 532; final bank plaintiffs settle claims (D. Mass.), 1260
– – – Hacker pleads guilty (D. Mass.), 1272
– – – State investigations, agreement reached with state attorneys general (Mass. Super. Ct.), 957

– Debt calls to landline transferred to cell phone, FCC seeks comments, 494
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529
– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– Foreign passports and other false data used to bilk U.S. banks, defendant pleads guilty (M.D. Fla.), 401
– Hospital official allegedly stole patient records for scam (S.D. Fla.), 831; records administrator and accomplice sentenced, 1612
– Marketing, new Ill. law expands restrictions of use of student data, 1206
– Offshore accounts merchants, IRS to summon payment card processor to identify (D. Colo.), 586
– Payment Card Industry Data Security Standard (PCI DSS)

– – Compliance

– – – Hiscox report released, 619
– – – Merchant group urges council to adopt risk-based approach and ease burdens, 928
– – – Ponemon survey report, 1403

– – Encryption, Nev. amends personal information e-data transfer law, 821
– – Heartland Payment Sys. CEO pushes for total encryption to supplement, 204; Heartland 10-K annual report details multiple government probes, loss of PCI DSS certification and more lawsuits, 466; Heartland recertified as PCI DSS compliant, 719
– – House Homeland Security panel questions effectiveness against cybercrime, 525; PCI DSS overview, 527
– – Small merchants struggle according to survey, 1231
– – Wireless transmission, council issues guidance, 1052

– Personal data printed on card receipts

– – Federal claims

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– – Printing restrictions, N.Y., Wash., and Conn. introduced bills, 215

– Portuguese data authority issues data protection guidance for credit prospectors, 444
– Robocalls, rate marketer ordered to halt (N.C. Super. Ct.), In Brief, 568

CREDIT REPORTS

– Background checks

– – Ban on use in hiring

See LEGISLATION, FEDERAL, HR 3149

– – Cal. bill prohibits use for employment purposes, governor vetoes, 1498
– – Dallas-based corporate events planner, EEOC files class suit over firm's use of credit and criminal histories in hiring (D. Md.), 1471
– – EEOC considers guidance, ABA teleconference, 600
– – Railroad companies settle FTC allegations of failure to notify workers of use (D. Colo., W.D. Wash.), 1200

– Collection agency and towing company lack grounds to get report under FCRA (9th Cir.), 800
– Complaints alleging errors, FTC reports most result in pro-consumer changes, 11
– Consumer freeze of report

– – Alaska law enacted, 834
– – Conn., Countrywide owner Bank of America to cover data breach freeze costs, 205
– – Mass. data security rules, regulators urged to extend compliance deadline, 165; Mass. delays rules, drops vendor written certification mandate, 276; panelists concerned about impact, 588; future of rules uncertain, 1049; Mass. amends rules and extends deadline, 1225; public hearing held, 1386; officials discuss at IAPP Privacy Academy and give compliance advice, 1399; Mass. files final amendments, 1565
– – N.C. bill clears legislature, 1096; governor signs, 1149; law to take effect, 1387
– – State legislation outlook, Special Report, 177

– Equifax, class alleging firm failed to verify data in reports with public source certified (D.N.J.), 1529
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– Fees, FTC increases maximum allowable, In Brief, 22
– Free annual report rule, FTC seeks comments, In Brief, 1480
– Germany, Analysis and Perspective, 1003
– Monitoring and protection services

– – Bank of N.Y. Mellon agrees to pay Conn., already paying for credit protection, 241
– – Haw. data breach notification amendment died, 507

– New Zealand considering changes but awaiting Australian rule review outcome, 1097

CRIMINAL LAW AND PROCEDURE

See also CYBERCRIME
– Bank of New York Mellon technician charged in $1.1 million scheme (N.Y. Sup. Ct.), 1610
– CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– China, data privacy protection criminal law under review by People's Congress panel, 338; China enacts law, 403
– Currency transaction reports, DOJ charges Ill. bank in first criminal case (N.D. Ill.), 1563
– Data breach notification, Mo. bill includes criminal penalties, 5
– Data breaches

See DATA BREACHES

– Data sharing, Swiss government proposes following Schengen rules, 1353
– Expunged criminal record can never truly be private (3d Cir.), 1384
– Failed bank robbery led to firing of manager not disclosure of polygraph, no evidence of damages (D.S.C.), 625
– FDIC employee indicted on charge of disclosing confidential bank data (D. Kan.), 1496
– Google, video shows taunts of Down syndrome boy, court considers criminal defamation case against officials (Tribunale di Milano), 243; ombudsman for municipality files civil suit, 244; case remains before judge, jurisdictional issues not decided, 308; ruling postponed, In Brief, 474; Italy has jurisdiction, 502; Milan court retains criminal and privacy cases, sends related case to Rome, 631; Google says IT not available then to restrict video post, In Brief, 718; trial granted use of fast-track process, 782; trial postponed, closed to media and public, In Brief, 966; court date set, In Brief, 1440
– Hacking

See HACKING

– HIPAA, patient records

– – Lawyer bought patient data, hospital employee indicted (S.D. Fla.), In Brief, 1175
– – Stolen, hospital official allegedly stole for credit card fraud scam (S.D. Fla.), 831; records administrator and accomplice sentenced, 1612
– – Viewed out of curiosity, doctor and two hospital employees enter pleas (E.D. Ark.), 1094; sentenced to probation and fines, 1562

– Home equity account data sold online, Miami man sent to prison (E.D. Va.), 1349
– Identity theft

See IDENTITY THEFT

– IRS worker charged with false returns filed with illegally accessed information (S.D. Ind.), In Brief, 540
– Motor vehicle accident victim scam, bribes for confidential information, arrests made (N.Y. Sup. Ct.), 1383
– Ohio databases, new law bars unauthorized searches by government employees, 43
– Operation Phish Phry, FBI, DOJ, and Egyptian authorities break up large operation (C.D. Cal.), 1472
– Photographs of private property, Cal. considers limits on posting images online, 470
– Sentencing

See SENTENCING

– Social networking sites provide ready source of information and possible problems, 1566
– Spyware

See SPYWARE

– “Squawk boxes,” conspiracy to commit securities fraud convictions on retrial (E.D.N.Y.), 627
– U.K. enforcement powers

See UNITED KINGDOM (UK)

– Voice over Internet Protocol (VoIP) wiretaps, EU organized crime body to examine legal and technical issues, 341; Eurojust corrects statement on Skype cooperation, In Brief, 407

CRITICAL INFRASTRUCTURE

See HOMELAND SECURITY

CROSS-BORDER DATA SHARING

– APEC privacy subgroup proposes draft regulations, 338; proposed enforcement agreement endorsed, questionnaire evaluated, 1154
– Australia

– – Dodo case as example of accountability model, Analysis and Perspective, 180
– – Privacy principles to include notification of overseas data transfer, 1500

– Canada, new guidelines set on transfers, 208; PIPEDA allows transfer of citizens' data from Canada but protections follow, ABA Conf., 646
– Cloud computing

– – Analysis and Perspective, 425
– – Contract terms, companies should review and not move all sensitive data, RSA Conf., 646
– – FTC investigates practice, 701
– – IAPP Privacy Summit, risks exist but old safeguards still apply, 475
– – World Privacy Forum issues report, 337

– Costa Rican Assembly to move on data protection measure, joins others following EU model, 989
– DHS Napolitano to meet with Europeans on data privacy, In Brief, 634
– Duke Univ. conference speakers predict Obama to boost U.S. and EU data sharing plans, 193
– EU adequacy

– – New Zealand, privacy chief urges quick enactment of amendment to secure approval, 1026
– – South Africa, bill includes breach notice and marketing limits, Special Report, 1317; omnibus data protection bill draws business criticism and requests for more time, 1567

– European Union

– – Article 29 Working Party

– – – Annual report for 2007 gives overview of enforcement and documents issued, 166
– – – Standard contractual clauses, opinion released on proposed update, especially with regards to sub-sub processors, 457

– – Draft international data protection standards, European officials to continue work, 779; Spanish DPA sees progress at Bilbao meeting, 934
– – E-discovery

– – – EU data protection, Practice Aid, 409
– – – France, guidelines issued on pretrial discovery, 1240

– – Law enforcement data sharing, Swiss government proposes following Schengen rules, 1353
– – Online freedom of speech, EU official calls for protections through trade agreements not legislation, 285
– – Rand review of data protection directive proposes updates, 741; Analysis and Perspective, 853
– – SWIFT network, EC seeks temporary pact until Lisbon Treaty enters into force, 1062; EU to incorporate data protection recommendations into pact, 1283; European Parliament adopts resolution setting guidelines for new agreement, 1351
– – Transfers to third countries, FAQ released, 471
– – U.S. safe harbor framework, Practice Aid, 1211; FTC enforcement, Practice Aid, 1328

– France

– – Authorizations grants, In Brief, 1576
– – Education test firm's transfer of palm vein data to U.S. approved, 1027

– Germany, data protection law takes effect, Analysis and Perspective, 1443
– Hong Kong discussion paper due soon, 1239; ordinance proposals include data transfer rules, 1281
– IRS says privacy and rights protected, In Brief, 748
– Justice Dep't advisory group releases report, In Brief, 22
– National security letters (NSLs), Practice Aid, 511
– Personal information management systems (PIMS), BSI British Standards launches voluntary standard for businesses, 838
– Philippines, congressional working group to meet on revised data protection law, 435; bill progresses, changes include breach notice and penalties, 1239
– Safe harbor standards

– – Commerce Dep't

– – – Appointments delayed, 270
– – – Undersecretary O'Neill, BNA interview, 94

– – Conference to be held, Switzerland to participate, 1430
– – EU data protection, Practice Aid, 1211
– – FTC enforcement

– – – Practice Aid, 1328
– – – Settlements announced (FTC), 1459; comments urge further inquiry, 1604

– – Swiss DPA recognizes, officials create framework, 20

– Spain agency reports increased data transfers to India, 596; AEPD statistics released, 1354
– Turkey, data protection law remains stalled, 44

CYBERCRIME

– CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Colombian law signed, 43
– DHS National Cybersecurity Center, Beckstrom resigns citing NSA concerns, 437; ICANN names Beckstrom to lead, 981
– FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529
– France, new crime bill allows government monitoring of internet use, 837
– Fraud

See FRAUD
– – CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Goldman Sachs suffers proprietary computer code theft, FBI charges employee (S.D.N.Y.), 1025
– Hacking

See HACKING

– Identity theft

See IDENTITY THEFT

– N.J. governor signs bills on intercepting web communications and penalties to fund crime prevention, 1531
– Obama's official cybersecurity agenda mirrors campaign promises, 157; FY2010 budget proposal includes increased funds, 327; hearing witnesses urge House panel to avoid prescriptive mandates for private sector, 703
– Portugal enacts new statute to implement EU framework law, 1354
– RSA Conference

– – HITECH Act funds and medical identity theft, 644
– – PINs and payroll debit cards targeted using increasingly sophisticated methods., 641

– Spam

See SPAM

– Unauthorized computer access, dominatrix solicitation using work computer (Ohio Ct. App.), In Brief, 718

CYBERSECURITY

– Australian legislation to allow early interception of online messages, 1438
– Budget FY2010 proposal includes increased funds, 327; DHS seeks $437M for cybersecurity in request, 703
– Business Forum for Consumer Privacy paper on U.S. approach, IAPP Privacy Summit, 477
– Comprehensive bill includes professional certification and development of effective defenses

See LEGISLATION, FEDERAL, S 773

– Consensus Audit Guidelines, government-industry consortium issues draft guide to thwart attacks, 395
– Consumer Financial Protection Agency (CFPA)

– – Frank (D-Mass) bill

See LEGISLATION, FEDERAL, HR 3126

– – FTC chair assures lawmakers agency would maintain key powers, Consumer Union supportive, 1016
– – Obama financial regulatory reform proposal includes, FTC to share power, 977

– Critical infrastructure

– – DHS Secretary, Napolitano confirmed, issued directives, 157
– – Electricity grid

– – – Bulk Power System Protection Act

See LEGISLATION, FEDERAL, HR 2165

– – – Critical Electric Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 2195, S 946

– – – N. Am. Elec. Reliability Corp. not aware of cyberattacks yet, Thompson (D-Miss) plans legislation, 557
– – – Senate energy panel considers bill to give DOE and FERC emergency orders power, 702

– – House hearing, Clarke (D-NY) urges look at legal shortfalls in infrastructure protection, GAO calls for key improvements, 437

– Cyberwar, Rand study discusses, In Brief, 1506
– Data security

See DATA SECURITY

– Denial-of-service attacks, Rockefeller (D-WVa) opens inquiry, 1050
– FCC creates working group, In Brief, 1312
– Federal legislation, Outlook, 57
– FTC Chair Leibowitz says online privacy among top priorities, BNA Interview, 1181
– Hacking

See HACKING

– Hill Watch, status of significant bills, chart, 1333
– Homeland security

See HOMELAND SECURITY

– House Cybersecurity Coordination and Awareness Act, bill increases NIST authority, House Sci. and Tech. panel passes, 1603
– International Multilateral Partnership Against Cyber Threats (IMPACT) Center opens in Malaysia, 505
– Intl. Telecomm. Union (ITU)

– – Legislation toolkit and guide for developing countries issued, 803
– – Telecom World 2009, experts seek heightened global efforts, 1476

– Internet

See INTERNET

– IT sector, DHS issues baseline risk assessment, 1264
– Lieberman (I-Conn) outlines his draft bill at U.S. Chamber of Commerce speech, includes Senate-confirmed coordinator at White House, 1605
– Obama orders review of federal plans and programs, Hathaway named leader, 269; review team expected to provide action plan by April, 391; House panel hearing on pending review, 437; Langevin (D-RI) expects White House to play key role in strategy, regulatory approach possible, 493; Business Software Alliance provides comments on public-private information sharing partnerships, 495; Hathaway offers RSA Conf. preview, 644; policy review released, technology leaders praise Obama plan, 795; Congressional Internet Caucus hosts forum, 843; review includes near-term action plan, 844; House hearing on report, DHS and NIST officials testify, 924; Obama official tells briefing cyber coordinator should be appointed soon, 925; Hathaway resigns post, 1164; Napolitano outlines DHS role, In Brief, 1175; White House chief position still empty, 1344; House panel holds hearing, In Brief, 1538
– Privacy protections as priority, Obama commitment to IT issues not clear correlation, 588
– Reform, Clarke (D-NY) says efforts should not be rushed, 1523
– Resignations

– – National Cybersecurity Center, Beckstrom resigns citing NSA concerns, 437; ICANN names Beckstrom to lead, 981
– – US-CERT Director Kwon to take RSA post, 1197
– – White House cyber coordinator, Hathaway resigns, 1164

– RSA Conf., NSA officials call for increased teamwork and information sharing, panelists analyze incidents, 640
– Senate

– – Commerce Comm. expected to revisit consumer protection proposals, IAPP Privacy Summit, 478
– – Homeland Security Comm. hearing, different opinions offered on national strategy and White House office plan, 663; Lieberman (I-Conn) says committee drafting bill that maintains DHS leadership role, 1344

– Standards, Senators to offer comprehensive bill, hearing discusses concerns, bill also includes acquisitions board to certify government purchases, 460
– Trusted Internet Connection services, AT&T receives GSA award, 9
– White House office

– – Challenges ahead, panelists say leader should be prepared for failure, 843
– – Legislation

See LEGISLATION, FEDERAL, S 778, S 921

CZECH REPUBLIC

– Binding corporate rules, country one of latest to join recognition procedure, 629
– Lisbon Treaty, Ireland approved, Poland and Czech Republic still need to ratify, 1477; to accommodate concerns, EU may move up effective date, 1616

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