May 17, 2012

E-Discovery Breakthrough — “Predictive Coding” Endorsed by Judge’s Ruling

Photo courtesy of ediscoveryblog.sonian.com

In a recent landmark e-discovery decision, U.S. Magistrate Judge Andrew Peck of Manhattan federal court, cited a study that concluded technology-assisted review is more accurate — and 50 times more economical — than “exhaustive manual review.”

In his decision to endorse the “predictive coding” process, Judge Peck recalls that judges and parties have been concerned about being the first to produce discovery by way of predictive coding, for fear that the document production process wouldn’t hold up to scrutiny. Plaintiffs have also worried that defendants would tamper with search parameters to hide potentially relevant documents.

“What the bar should take away from this opinion,” Peck concluded, “is that computer-assisted review is an available tool and should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review.

This breakthrough decision gives Counsel the opportunity to no longer have to worry about being the ‘first’ or ‘guinea pig’ for judicial acceptance of computer-assisted review.”

Click here to read about Alison Frankel’s ON THE CASE report on this event.

If applicable, please pass this information along to those affected parties and hopefully this cost reduction trend will continue to grow in use ….

As always, we encourage our readers to share their thoughts and comments with our readership …thank you.

National Cybersecurity Center of Excellence Established by NIST and State of Maryland / Montgomery County

National Cybersecurity Center of Excellence Signing Event

A National Cybersecurity Center of Excellence has been established from the efforts of a new partnership of public-private collaboration between the National Institute of Standards and Technology (NIST) and the State of Maryland and Montgomery County, MD.

The purpose of the center is to work to strengthen U.S. economic growth by supporting automated and trustworthy e-government and e-commerce activities.

NIST Director Patrick Gallagher states, “…the center will undertake carefully developed use cases — comprehensive requirements and test plans to address specific cyber security challenges — that will lead to practical, interoperable cyber-security approaches for real-world needs of complex IT systems.

Initially, the development and refinement of use cases would be open to all interested parties, including IT vendors and the public. Results from Center projects will be shared with the broad IT user and vendor communities.

Cyber crime hurts individuals, businesses and government agencies. We want to bring together the best minds and provide them with the best tools to create and test solutions that will make online transactions of all kinds safer,” said Gallagher. “We’re pleased to have the support of our Maryland partners, and look forward to working with additional partners from industry, academia, nonprofit and government sectors.”

Additional articles about this event listed below and can be added to your in-house cyber security related resource library of materials:.

NIST establishes National Cybersecurity Center of Excellence with State of Maryland and Montgomery County “by Jacob Goodwin

NIST Cybersecurity Center Tackles Public and Private Threats” by Elizabeth Montalbano

NIST and state of Maryland establish cyber security lab” by Aliya Sternstein

If applicable, please pass this information along to those individuals in your organization responsible for matters regarding risk management, cyber security related risk strategies and information technology managers trying to mitigate the ongoing development of risks related to cyber security.

Privacy and Security Controls in Your Corporate Board Room — Perhaps a Review is Necessary

Photo courtesy of blog.dattobackup.com

In a recent article written by NICOLE PERLROTH a potential risk mitigation event was revealed and should be cause for all organization’s to re-verify that camera’s used in their corporate board rooms are properly and verifiably protected from hackers.

Ten years ago, videoconferencing systems were complicated and erratic, and ran on expensive, closed high-speed phone lines. Over the last decade, however, videoconferencing — like everything else — migrated to the Internet.

Now, many businesses use Internet protocol videoconferencing — a souped-up version of Skype — to connect with colleagues and customers. Most of these new systems were designed with visual and audio clarity — not security — in mind.

Click here to read this full article and become aware of how easily professional security experts were able to hack into the board room conference cameras of unsuspecting companies of all sizes.

If applicable, please pass this info along to those risk management and IT / information security team members in your own organization.

Google Plans to Alter Privacy Policy and Terms of Service

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The actions and decisions of Google can potentially affect many information security teams in organizations across the globe.  With that thought in mind, a recent announcement by Google to alter its privacy policy and terms of service to reflect the fact that it is now going to combine data from its various services into a single user profile may well be an event that requires close study, review and evaluation regarding an organization’s own existing privacy policy – i.e. particularly where services such as Google are involved.

It goes without saying that this privacy change by Google needs to also be closely reviewed where individual use of Google is employed as well.

In a recent article written by Thomas Claburn, Claburn is quick to point out that critics of the change have been quick to question Google’s decision.

This article also references Sen. Richard Blumenthal (D-Conn.) who said in a reaction blog posting that he’s troubled by the lack of an opt-out mechanism, and, David Jacobs, consumer protection fellow at the Electronic Privacy Information Center (EPIC), expressed concerns that Google’s changes decrease the ability of users to control how their personal information is being used.

Click here to read Claburn’s full article, and, be sure to utilize the useful links in that article to dig more deeply into the reference documents and related postings to this potential privacy risks.

Additional stories about this controversial decision by Google are also listed below:

Google Says Privacy Change Won’t Affect Government Users” by Jaikumar Vijayan

Google Stirs Up Privacy Hornet’s Nest” by Sharon Gaudin

Google Privacy Policy: Who Will be Affected and How You Can Choose What Information Gets Shared” by Cecilia Kang

Google Seeks to Clarify New Privacy Policy” by Doug Gross

Lawmakers Press Google on Privacy Policy Changes” (Reuters)

If applicable, please pass this information along to those information security and risk management team members in your organization, those members of privacy rights protection groups in your community and to members of your family who use Google on a daily basis.

E-Discovery No Stranger on Campus

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In response to a few recent inquiries and comments from readers working in the educational field, and, in particular for those readers working in a university campus information security department, who requested that more discussions and information be presented on the topic of e-discovery relevant to a university campus environment, our staff would like to present a listing of recent postings and articles addressing this growing dynamic within the “discovery” process itself.

Dian Schaffhauser, a writer who covers technology and business related topics for a number of various publications, has recently written and posted an article entitled “An e-Discovery Primer”  — and, this information may be a great reference resource to offer anyone who wants to learn the basics of e-Discovery.

To this point, it is also important to realize that the “discovery” process is neither something new nor is this process limited to the digital era.  As Seth Gilbertson, associate counsel for the State University of New York states, “…discovery is the process of saving and producing records and other evidence pertaining to an activity that may be the subject of litigation.”

If applicable, or even if you are new to the discussions and risk mitigation potentials embedded in the e-discovery process, click here  to read Schaffhauser’s full article.

E-Discovery Guideline and Toolkit offering posted on the EDUCAUSE website presents e-discovery issues for universities to consider.

E-Discovery Trends: Potential ESI Sources Abound in Penn State Case” by Doug Austin

E-Discovering Reference” article by Spolanka

School districts wrestling with ABCs of electronic discovery, compliance” by Beth Pariseau, Senior News Writer

“Hey @wfryer looking for the 411 on eDiscovery: http://bit.ly/9hcxe9 (your wiki) Bottom line: do schools have to archive STUDENT email?”

The E-Discovery Question   – Don’t panic over the new regulations, but make sure your school’s policy is clear.

If applicable, please add your inputs, comments and experiences of e-discovery challenges you might have had to face in your university campus environment.

Information Security Lesson from Recent Zappos Breach Incident

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In the event that anyone on your organization’s information security team becomes complacent about the need to be ever diligent about maintenance and updating of information security levels in your organization — a privacy breach incident recently announced at Zappos.com should be adequate reminder that risk mitigation in this area is a 24/7 ongoing area of responsibility.

Zappos CEO Tony Hsieh had to recently notify customers by email stating that the Zappos web marketplace system location that houses customer privacy centric information was compromised — asking them to create a new password for their accounts immediately.

We’ve spent over 12 years building our reputation, brand, and trust with our customers,” Hsieh said in his email. “It’s painful to see us take so many steps back due to a single incident. I suppose the one saving grace is that the database that stores our customers’ information was not affected or accessed.”

Click here to view a copy of that email along with Hsieh’s email message to Zappo’s employees.

Although you never want to face such a situation in your own organization, certainly, Zappos’ reaction to this incident may contain valuable lessons to pass along to your own in-house information security, crisis and risk management and disaster preparedness teams.

Hacker “Yama Tough” Threatens Release of Source Code for Norton’s Antivirus Software

Photo courtesy of reuters.com

For our readers who utilize Norton’s Antivirus software applications as part of their organization’s information security plans, be aware of a story recently released on the Reuters’ news related website announcing that “Hackers are to release full Norton Antivirus code on Tuesday”.

It appears that a hacker who goes by the name of “Yama Tough” is threatening to release the full source code for Symantec Corp’s flagship Norton Antivirus software.

Click here to read more about this developing story as reported by Frank Jack Daniel.

If applicable, please pass this information along to those disaster preparedness and network security planning team members in your organization.

Online Privacy Risks and Predictions for 2012

 

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With 2012 now well on its way, online privacy related risks will become an important issue to information security and risk management team members in today’s global village of organizational inter-relationship activities, as well as, for the growing number of consumers who are relying more and more on online communication tools and applications to conduct their day to day purchases.

As online businesses grew in 2011 – through innovative technologies in advertising, cloud services and mobile apps – the call for improved levels of online privacy controls rang loudly and repeatedly throughout the industry.

With the collection and usage of consumer data spreading like wildfire across a myriad of emerging online businesses, 2011 was a year of extraordinary change for online privacy,” said Chris Babel, CEO of TRUSTe.   “Along with the excitement about the potential of innovative online technologies, the industry was also forced to address both trepidation and concern for the safety and respect of consumers’ personal privacy. TRUSTe  is pleased to share some of our privacy expectations for the New Year.”

Leveraging its unique vantage point, TRUSTe  posted on the ITBusinessEdge website  the following predictable events or trends to take place in the year ahead:

  1. There will be increased levels of activity by the FTC to go after websites with high levels of privacy violations related to 3rd party tracking.
  2. Mobile self-regulatory guidelines regarding online behavioral advertising (OBA) will grow In 2012.
  3. Knowledge of and practical applied experience with laws and regulations regarding privacy will become an even hotter job skill to have in 2012.
  4. There will be much more use of location-based technologies.
  5. Yanks abroad will most likely be forced to follow the EU individual privacy standards whenever doing business in Europe.
  6. Most likely there will be no comprehensive privacy legislation passed by the U.S. Congress in 2012.
  7. One of the 2012 Presidential candidates will announce plans for a new cabinet post — Secretary of Online Privacy.

If any of our readers have come across additional privacy related predictions for 2012, please share them in the comments section below…..

If applicable, pass this information along to those risk mitigation specialists in your organization who might view an online privacy breach issue as a serious economic disruptive event to their organization.

Click here  to view more details of these predictions.

Data Security and Privacy Issues Predicted in 2012 — NO SURPRISES

 

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As many of our readers, who are risk management team members in their organizations, work on their 2012 disaster preparedness plans and risk mitigation strategies relevant to their organizations, information security and privacy will remain high on their lists of considerations. 

Recently, an article, written by Richard L. Santalesa, attempted to address these concerns by providing a list of several events predicted to occur in 2012 that will occur across the privacy and data security landscape…. 

A quick summary of just some of those predicted events are as follows: 

     There will most likely be a significant revamp of the EU’s Data Protection Regulations – e.g. a potential requirement to designate a privacy officer within an organization, increased enforcement powers and penalties, and perhaps stronger protection for children under 18. 

     Perhaps the final version of the U.S. HIPAA breach notification rule will make a long awaited appearance, along with guidelines per Stage 2 of the electronic record incentive program within the HITECH Act, in 2012. 

     In 2012, the FTC will likely its finalized Privacy Report, formally titled “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers.” 

     Better development of information security and data protection language in contracting agreements for cloud services will help provide guidance on cloud contracting issues addressing audit assurances, cloud security and accreditation, e-discovery issues, security controls and allocation of liability and responsibility for data security, to name but a few. 

     Continued data breach activity in 2012 will force many organizations to review their existing insurance policies to see what is and what is not covered in their business interruption insurance policies.  

     A growing importance in 2012 “of key buzz words that implicate data security and privacy issues, such as are BYOD (“Bring Your Own Device”) and COIT (“Consumerization of Information Technology”). 

Click here to view more about the predictions listed above as well as to read the full collection of Christine Marciano’s predictions of data security and privacy related activities to occur in 2012.

 

If applicable, please pass this information along to your other risk management or information security team members.

Is Google Wallet Secure?

 

Photo courtesy of worldmate.com

Our staff has reviewed reader’s comments and requests for more discussions regarding mobile devices along with reference information related to the levels of risk associated with those devices.

In response to those requests, our staff has decided to direct our readers to a recent article regarding  the Google Wallet application.

Google Wallet is a new offering from Google which allows consumers to use their Android device to perform contactless payments at retailers.  It incorporates Near Field Communication (NFC) technology and in the initial release supports 1 major credit card as well as some gift and loyalty cards.  Google Wallet is the first real payment system leveraging NFC on Android.

Click here  to view the appWatchdog review of Google Wallet offered recently.

Click here to view the full forensic security analysis of Goggle Wallet upon which the appWatchdog review was based.

If applicable, please pass this cyber security related information along to those information security and risk management IT team members in your organizations, as well as, to those individuals you know who are currently using this Google Wallet application on their Android smartphones. (View  an 85 page Mobile App Security Study focusing on iPhone and Android in the Enterprise)

Hopefully, this information will also open a dialogue with our readers to further explore this growing risk management issue for individuals, organizations and communities where smartphones have quickly become a critical communication tool.