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Vol. 8, Nos. 1-44, pp. 1-1640 Jan. 5 -- Nov. 9, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ICANN (INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS)
Data breach notification, bill requires state attorney general notification, 507; bill approved, sent to governor, 592; governor vetoes, 637
Aliens, worker eligibility for employment
Electronic identification (eID) cards, ENISA urges careful look at privacy features, 248 Foreign passports and other false data used to bilk U.S. banks, defendant pleads guilty (M.D. Fla.), 401 Identity theft
See IDENTITY THEFT
Japan moves to foreign resident national card, In Brief, 314 Medical identity theft Security clearances Tenn., false identification penalty law signed, In Brief, 785 Transportation Worker Identification Credential (TWIC) program
American Samoa, DHS exempts workers, In Brief, 506
Delays, employment groups say TSA should speed processing, 1089
See TRAVEL DOCUMENTS
Voting, photo ID required (U.S., rev den), In Brief, 882
Aliens and citizenship
Aggravated ID theft, whether knowledge that real person required (U.S., oral arg held), 333; knowledge of actual victim required (rvs and rem), 708
E-Verify system
Biometrics, witnesses tell Senate panel that biometric identifiers should be required, 1087
Enhancements planned, 197 HR conference speaker suggests employers consider using, DHS likely to retain system, 441 Bank tellers allegedly stole account data for counterfeit check scheme (N.Y. Sup. Ct.), 801 Canada, 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 Constitutional privacy right not implicated by SSN stolen off county clerk's website (U.S., rev den), 81; In Brief, 90 Consumer Sentinel Network Data Book, FTC reports that ID theft once again leading complaints, 329 Credit reports
Debt collector's probe of identity theft victim may be willful FCRA violation (S.D. Ohio), 201
Equifax errors, damages affirmed (4th Cir.), 499 Double jeopardy attaches to federal statutes on ID theft and aggravated ID theft (11th Cir.), 1272 Driver's licenses, British Columbia to use facial recognition biometric technology to enhance, 285 FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529 For-profit identity theft service industry, consumer group urges FTC to review practices, 464 FTC, strategic plan adopted that includes consumer and global privacy issues, 1466 Future risk claim insufficient despite standing to sue (N.D. Cal.), Special Report, 569 Haw. law excludes fictional person's data (Haw.), In Brief, 748 Medical Neb., bogus default judgment scam violates state law (Neb.), 500 N.Y., omnibus law includes employer SSN use and personal data sharing restrictions, 8 Nursing home residents' stolen tax data used fraud scheme, four more sentenced (W.D. Mo.), In Brief, 174 Online user authentication lacking, allowed bank transfer from construction company's account (Me. Super. Ct.), 1431 Operation Phish Phry, FBI, DOJ, and Egyptian authorities break up large operation (C.D. Cal.), 1472 PCI DSS, House Homeland Security panel questions effectiveness against cybercrime, 525; PCI DSS overview, 527 People's United Bank laptop lost, post-breach fear satisfies standing but not compensable without loss (D. Conn.), 1348 Production sentence upheld for minor charge (1st Cir.), In Brief, 23 Real ID Act, Napolitano says DHS rethinking, 528 Real person's ID used, whether knowledge required
Flores-Figueroa (U.S., oral arg held), 333; knowledge of actual victim required (rvs and rem), 708
Villanueva-Sotelo (U.S., rev den), In Brief, 784
Attorneys, ABA renews call for exemption, 955; ABA continues push for exemption, 1036; FTC believes it lacks power to exempt attorneys, 1137; ABA files challenge (D.D.C.), 1268; ABA seeks summary judgment, 1431; FTC opposes suit, 1491; ABA seeks full exemption, 1523
Benefit plan sponsors, some may be caught unaware, 402 Congressional action, groups face uphill battle to change scope of rule, 1165 Exemptions, bill introduced 401(k) accounts, FTC says rules do not apply to participant loans from, 1037; benefits lawyers seek formal guidance, 1090 FTC releases compliance guide and launches website, 525; retailers remain anxious about potential liability, 556; FTC officials say focus of new rule on flexibility, risk levels, and good faith efforts, 618; FTC postpones enforcement, possible Congressional role, 659; FTC posts new compliance guidance and checklist, 729; FTC grants third delay at request of House Appropriations Comm., 1137; FTC Chair Leibowitz, BNA Interview, 1181; FTC postpones deadline, 1552 Health care Social Security Number Fraud and Identity Theft Prevention Act Storage unit rented using stolen identity, no privacy protection in warrantless search (10th Cir.), 1610 Taxation
Fraudulent returns, GAO report says IRS stops most but $15M still got away, 1467
New data security threats noted by officials, 868 N.Y. tax department discloses breach, former worker charges (N.Y. City Ct.), 628 Preparation service office files searched and seized, sheriff's office lacked probable cause for warrant (Colo. Dist. Ct.), 442 Puerto Rican residents, N.Y. man sentenced for tax refund scheme (S.D.N.Y.), 775 Scams, IRS cautions against, In Brief, 1176 Turkey, data protection law remains stalled, 44 VA, former auditor sentenced (Cal. Super. Ct.), In Brief, 174 Va. dangerous drug prescription reporting system data allegedly held for ransom, 751; Va. sending breach notices over exposure of SSNs, 836 Whistleblowers, ex-worker who voiced data security issues has triable retaliation claim (D.N.J.), 708 Wis. statute survives First Amendment as-applied challenge (Wis.), 1056
Back Doctors log book, evidence of authorization defeats junk fax claim (S.D. Ill.), In Brief, 1356; educational fax not TCPA violation, In Brief, 1578
Credit card marketing, new law expands restrictions of use of student data, 1206 Dish Network and dealers, FTC and state AGs allege no call and state law violations (C.D. Ill.), 497 E-mail, councilwoman may proceed on claim of unauthorized access by mayor (N.D. Ill.), 1055; damage not required for civil CFAA claim, 1275 E-Verify system, state law barring use unconstitutional (C.D. Ill.), 468 Mental health records disclosed during divorce proceedings, claims reinstated (Ill. App. Ct.), 1561 Proprietary information, expert search not CFAA loss when pre-litigation action, IT agreement breach claim survives (N.D. Ill.), 533 Public records access law amended, In Brief, 1356 School superintendent's contract must be disclosed (Ill.), In Brief, 884
Cal., Pasadena police department entitled to qualified immunity, privacy invasion award nixed (Cal. Ct. App.), In Brief, 806
Data breaches, Mich. bill grants liability immunity to firms with specified safeguards, 1168 File sharing, music downloading by students, no sovereign immunity on subpoena for defendants' identities when not party in suit (W.D. Va.), 43 Money laundering with alleged fraudulent ads, CDA controls unless Google requires illegal content (N.D. Cal.), In Brief, 49 Strip search of student unconstitutional but principal immune (U.S., rvs), 956 Surveillance, town officials have no qualified immunity for recording all calls from office for six years (7th Cir.), 1095 Telephone records sold, no CDA immunity from FTC Act unfair practices claims (10th Cir.), 1020
Progress report, DHS issues, In Brief, 1104
Data security, parliament clears amendments to IT Act to protect personal information, 16; bill includes damages provision, 17; bill contains broad data security standards, rules not yet drafted, 248; industry self-regulatory council sends recommendations for new rules, 739; amended law takes effect but implementing rules incomplete, 1574
Outsourcing center, security concerns voiced, In Brief, 49 Spain agency reports increased data transfers to country, 596
MySpace, single message insufficient to convict for intimidation and privacy invasion (Ind. Ct. App.), 1275
Prescription records in dumpsters
CVS settles with Ind. AG (Ind. Pharm. Bd.), 1058
Lo Cost Rx settlement approved (Ind. Pharm. Bd.), 875 Walgreens cases pending (Ind. Pharm. Bd.), 875; Walgreens settles with Ind. AG, 1058
H1N1 virus
France, CNIL posts vaccination campaign information, In Brief, 1577
HHS may waive some rules in event of national health emergency, 1556
Commodity futures trading, e-mail and IM subject to recordkeeping, CFTC says, In Brief, 287
Am. Family Mutual Ins., sending letters to client list ruled CFAA authorized (N.D. Iowa), In Brief, 447
Canada no-call lists, bulletins clarify obligations, 783 Credit-based insurance score study, FTC approves data protection plan, In Brief, 677 Data breaches
Blue Cross and Blue Shield of Del. fined by state regulators for printing error disclosing personal data, 84
Japan, ALICO customer data misuse reported, 1097 Jubilee Marketing Agency, ICO takes action against, In Brief, 1034 Kaiser Permanente notifying workers that PII may have been stolen, 278; breach traced to terminated employee of union, 403 Zurich Ins. lost back-up tape with data on U.K., S. Africa, and Botswana customers, 1532
EU Universal Service and Framework Directive amendments, Hustinx praises but asks lawmakers for more, 305
File sharing
See FILE SHARING
See TRADE SECRETS
See TAXATION
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
Anti-doping agency, EU Article 29 group discusses at plenary session, 594; World Anti-Doping Agency amends privacy standards, In Brief, 748 Data handling, groups say regulators can keep pace with technology only with focus on corporate accountability for consumer information, 1563 Data Privacy Day
Duke Univ. conference speakers predict Obama to boost U.S. and EU data sharing plans, 193
U.S. National Privacy Day resolutions passed, 193
Barcelona meeting, attendees call for minimum standards, 85
EU Parliament supports online privacy standards, In Brief, 540 Madrid Resolution establishes non-binding minimum global privacy standards, 1620; conference speakers and sessions focused on global standards, 1623; keynote speakers focused on EU-U.S. information sharing, 1624 Spanish DPA sees progress at Bilbao meeting, 934 Viewpoint, 62 Workshop, FTC Leibowitz says will enforce requirements and seek global common ground, 461; FDIC analyst says self-regulatory guidance may be best model, 462 Economic crisis and offshoring raise threat of insider breaches and trade secrets theft, McAfee reports, 234 Intl. Telecomm. Union Online freedom of speech, EU official calls for protections through trade agreements not legislation, 285 Warrantless border searches of electronic devices
Border Security Search Accountability
DHS annual report released, 1375; groups tell Congress that Privacy Office not living up to mandate, 1558 Review, DHS advisory committee urges Napolitano to add privacy protections, 269 Search data, ACLU files FOIA suit (S.D.N.Y.), 1270 Securing Our Borders and Our Data Act
Ed. Note: For electronic sales of goods and services, see ELECTRONIC COMMERCE. Electronic mail is covered under E-MAIL.
Accessibility, Target settles web access claims of blind consumer class (N.D. Cal.), In Brief, 447 Anonymous postings
Defamation
Canada, statements on bulletin board, disclosure ordered (Ontario Super. Ct.), 538
D.C., five-step test for unmasking speakers adopted (D.C.), 1235 First Amendment balancing needed to unmask speakers (Md.), 399 Jurisdiction, evidence needed for identification (D.D.C.), 301 Skanks of NYC blog, Google ordered to provide account data (N.Y. Sup. Ct.), 1234 Topix.com ordered to disclose web speaker identities (Tex. Dist. Ct.), In Brief, 448 York Univ., internet users not entitled to chance to object to ID disclosure by ISPs (Ontario Super. Ct.), 1352 South Korea lowers threshold for websites requiring identification verification, 598 AOL, class argues embedded e-mail ads violate ECPA (C.D. Cal.), In Brief, 806 Argentina, data retention law giving secret service access to e-mails and calls unconstitutional (CSJN), 340 Australian cybersecurity legislation to allow early interception of online messages, 1438 Background search firm, Canada Privacy Office with FTC help finds Accusearch breached PIPEDA, 1173 Behavioral targeting
See ADVERTISING
Canada, new policy addresses traffic management technologies and customer privacy, 1536 China, cyber-hunting
Jiangsu Province passes ordinance, 206
Wife's suicide, man harassed after personal data posted, awarded damages, 90
Analysis and Perspective, 425
Contract terms, companies should review and not move all sensitive data, RSA Conf., 646 ECPA update needed, status of data unclear, 827 FTC investigates practice, 701 Google, EPIC asks FTC to probe privacy and security efforts, 463 IAPP Privacy Academy explores issues like risks and jurisdiction, 1398 IAPP Privacy Summit, risks exist but old safeguards still apply, 475 L.A. City Council approves moving e-mail and internet services to Google Cloud, 1565 NIST seeks comments on definition, In Brief, 841 Privacy Act, advisory board and CDT urge Congress to amend to light of, 798 Standardization, organizations form working group, 1091 World Privacy Forum issues report, 337
Annual State of the Net Conf., 77
Cybersecurity Policy Review forum, 843 Sen. Thane (R-SD) added as co-chair, In Brief, 635 Cookies
EU amendments, online ad firms object to require user consent requirement, 536
Federal websites, OMB proposes ending ban, comments sought, 1139; received comments are mixed, 1197 White House website privacy policy allows to link to social media sites, 194
Auto-posting software maker sued (N.D. Cal.), In Brief, 1506
Prostitution ad claim dismissed (N.D. Ill.), In Brief, 1577 Deep packet inspection
Analysis and Perspective, 217
Canada
Bell Canada needs to explain use, 1289
Privacy Comm'r critical of web traffic management tools, 405
Anonymous postings
See Anonymous postings, this heading
E-health
See E-HEALTH
Data protection terms glossary published, In Brief, 210
E-Privacy Directive
Article 29 Working Party calls for broad breach notice, 306
Hustinx issues opinion, 86 Profiling, Council of Europe seeks comments on draft guidelines, 1475 Search engine data retention standards, Article 29 Working Party statement welcomes calls for, 278 Telecommunications reform package, Hustinx opinion discusses data breach notification, 86 Universal Service and Framework Directive, Hustinx praises intellectual property amendments but asks lawmakers for more, 305 File sharing
See FILE SHARING
France, new crime bill allows government monitoring of cybercriminals' internet use, 837 FTC plans roundtable talks to examine privacy concerns, 1261; FTC announces series, 1346; FTC sets schedule, 1603 Global standards
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
Cloud computing, EPIC asks FTC to probe privacy and security efforts, 463 Dashboard allows users to manage data stored on themselves, 1608 Juror search of defendant results in new trial (S.D.), In Brief, 1393 Latitude friends-and-family location service, CNIL says subject to French law, approves privacy plan, 880 Money laundering with alleged fraudulent ads, CDA controls unless host requires illegal content (N.D. Cal.), In Brief, 49 Privacy policies, Google modifies data collection policy, In Brief, 252 Rocky Mountain Bank, probe of customer data improperly attached to e-mail, unable to seal complaint (N.D. Cal.), 1378; dismissal approved, 1433 Street View
See Photographs of private property, this heading
See Video postings, this heading
Internet Corp. for Assigned Names and Numbers (ICANN)
Breach, domain registrar and proxy service not liable, spam recipient not beneficiary (N.D. Cal.), 1618
Chief executive officer and president, Beckstrom named to lead, 981 EU's Reding calls for U.S. to end pact and move to private, global group, 714 Generic top-level domain names, ICANN reviews comments, some urge stronger Whois features, 19; new draft security plan published, In Brief, 842 Oversight agreement State of the Net Conf. panel discussion, 77 Whois databases
See DATABASES
IP addresses not personal data, collection ban agreement not breached (W.D. Wash.), 1022 ISP data retention requirements
Art. 29 Working Party to probe practices, 470
Dutch amendment sets, 1029; government agencies meet with ISPs on new obligations, 1535 Irish bill to cut how long user ID data kept, 1064 U.K., new internet traffic data rules take effect, guidance due soon, 565; comments sought, guidance include third party data comparison requirement, 674 U.S.
Advertising, limits on cell services' use of internet and location data for targeted ads, 1282
Police ask ISPs and carriers to retain communication logs for three months, 1537 Making Home Affordable Programs, search engine firms must identify advertisers misdirecting users (D.D.C.), 772 Medical identity theft, HHS releases new tools for seniors, 1493 Merchants ID Theft Advisory Bd. to create best practices guidance, In Brief, 1175 Monster.com says passwords and IDs compromised but not SSNs, 205 My IRS Account Project, IRS needs better access authentication, TIGTA report, In Brief, 1313 National security letters (NSLs), gag order feature in ISP letters violates First Amendment (2d Cir.), 13; Judge Sotomayor named by Obama for Supreme Court, 808 Network Solutions, source of hack affecting credit card accounts not identified, 1144 N.J. governor signs bill on intercepting web communications, 1531 Norway, doctor choice website increases security after DPA warning, In Brief, 1292 Online freedom of speech, EU official calls for protections through trade agreements not legislation, 285 Parental control software tracking and selling online activity data of minors (FTC), 1472 PayChoice discovers website security breach when phishing e-mails spotted, 1469 Phishing
See PHISHING
Cal. and Tex. consider limits on posting images online, 470
Google Street View
Canada, officials welcome retention policy, 1479
Pa., homeowners' privacy not invaded by inclusion (W.D. Pa.), 303; failure to seek trespass nominal damages no basis to reopen case, 591 Swiss DPA demands further improvements, In Brief, 1356 U.K. ICO rules that personal privacy not violated, In Brief, 634 Privacy policies
See NOTICE
Red flag rules, FTC releases compliance guide and launches website, 525 Regulations.gov, glitch affects website, comments lost, In Brief, 1356 Russia relaunches personal data portal, 1501 Scareware scheme, FTC reaches accord with defendants (D. Md.), 952; CEO's role in management of ads supports individual claims against him, 1381 Scottrade online brokerage to pay FINRA fine over lax anti-money laundering program, 1559 Search engines
Ixquick reduces data retention time to zero, 247
Microsoft and Yahoo announce advertising agreement, deal to face scrutiny, 1143; privacy groups urge DOJ to conduct rigorous review of deal, 1376 South Korea indicts two hackers for exploiting e-commerce sites and reusing passwords, 597 Third party content, Google and Yahoo held liable for model's photo on pornographic sites without her consent (Juzg. N.), 1151 Social networking websites Spain, AEPD opens compliance review, 631; AEPD issues internet user privacy guidance, 748 Spam
See SPAM
See SPYWARE
Bloomington-Normal Seating, claims advance as other aggrieved person (C.D. Ill.), 830
Corporate-owned laptop used to access offensive websites, SCA inappropriate (E.D. Mich.), 1094
See E-MAIL
MySpace, verdict against restaurant for manager's access of employee's private chat group (D.N.J.), 1474 Trusted Internet Connection services, AT&T receives GSA award, 9 U.K., parliamentary group launches inquiry into ISP role in catching bad actors, 675 Union not liable for members' web comments when not acting as union agents (D. Nev.), In Brief, 678 Utah sex offender law requiring disclosure of internet account information survives challenge (D. Utah), In Brief, 1294 Video postings
Google, video shows taunts of Down syndrome boy, Italian 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
Spain probe targets internet protocol cameras, In Brief, 993 YouTube
France, internet hosts must collect user ID data on content uploaders, legal experts seek clarification (T.G.I.), 45
Spain DPA fines poster who failed to gain subject's consent, 242 White House website
Cookies, privacy policy allows to link to social media sites, 194
Obama records and website policies draw early praise, concern remains over future issues, 191
Belgium, fined over refusal to disclose user data to prosecutors (Dendermonde Crim. Dist. Ct.), 404
CDA bars claim for failure to remove content, contract-based claim may proceed (9th Cir.), In Brief, 805; opinion amended, In Brief, 995 Hacking, using a Cal.-based anonymizer service to access creates jurisdiction (N.D. Cal.), In Brief, 1539 Privacy policy now allows opt-out of behavioral tracking from mobile devices, 1092
Commerce Undersecretary O'Neill, 94
DHS Chief Privacy Officer Callahan, 846 FTC Chair Leibowitz, 1181
Drug testing, employer failed to comply with testing law but no damages awarded when second test confirmed positive results (Iowa), 83
Mental health records of children, mother properly denied access, children's best interests trump parent's statutory right to release of such records (Iowa), 627 Videotaping, wife's privacy invasion claim affirmed (Iowa), In Brief, 22
Biometric data, report calls for greater privacy safeguards, 1616
Data breach notification, interim guidance recommends notice to data protection office, 630 Data Protection Comm'r annual report says complaints head steady and e-mail spam fell, 745 Data retention, EU Directive challenge dismissed (E.C.J.), 284; Irish bill to cut how long telephone and web user ID data kept, 1064 Lisbon Treaty, Ireland approved, 1477 Personal Public Service Number, Data Protection Comm'r annual report expresses concern over private sector use, 745 Spam
Fines increased, complaints increased, 20
Text messages, DPA has no duty to seek informal resolution prior to filing suit (H. Ct.), 170
See TAXATION
Data breaches
Cerved unable to use tax and voting records mistakenly posted online, 170
Guidelines released, 170 Do-not-call registry, Italy moves to create, 283 E-health, DPA issues draft rules to protecting records, 502 Facebook, DPA warns users that information never completely deleted, In Brief, 506 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 Phishing, government creates task force to curb, 283 Shareholders may access contact data of fellow shareholders, In Brief, 717 Telemarketer access to telephone databases, DPA increases fines, 472 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |