Tuesday, November 22, 2011


Interesting non-disclosure. 1 percent is still almost a million customers.
AT&T Customers Targeted by Hack Attack, Company Says
November 21, 2011 by admin
A handful of AT&T customers were targeted Monday by an organized hacking attack that was ultimately unsuccessful, a company spokesman tells FoxNews.com.
“We recently detected what could have been an organized attempt to obtain information on a number of customer accounts,” AT&T spokesman Mark Siegel told FoxNews.com. “The people in question appear to have used ‘auto script’ technology to determine whether AT&T telephone numbers were linked to online AT&T accounts.”
Read more on Fox News.
[From the article:
Fewer than 1 percent of customers were targeted, Siegel said, all unsuccessfully.


Oh the horror! My wino-lawyer friends will be devastated.
Gary Vaynerchuk’s ‘Wine Library’ Hacked
November 22, 2011 by admin
Alexia Tsotsis reports:
Earlier today patrons of Wine Library received an email informing them that the credit card information they had used to sign up to the WineLibrary.com site may have been compromised in a data breach. The site is the hub of NYT Best Selling Author Gary Vaynerchuk’s family business, made famous by his popular and now retired television show Wine Library.tv.
While the email doesn’t reveal how many accounts were impacted, the site likely has hundreds of thousands of users.
The company reveals that it started investigating a possible breach in October when they received initial customer complaints, complaints which increased towards the beginning of November. The company removed all credit card data from its site on November 11th and last week confirmed that an IP address originating in China was used in the attacks.
Read more on TechCrunch.


Kamber Law strikes again! Way to go Scott! ...and while this is not likely to actually cost them $250 per victim, it is an interesting addition to “damages” – an admission that it could cost real dollars to “repair” the damage they caused...
Metacafe Offers Consumers Up To $250 To Settle ‘Super Cookie’ Lawsuit
November 21, 2011 by Dissent
Jeff Roberts reports:
Popular video site Metacafe has joined Quantcast, Interclick and a host of other firms in settling a lawsuit over its use of Flash “super-cookies” – tracking tools that regenerate even after internet users clear their browser. But despite an offer of $250 to compensate the plaintiffs, no one should hold their breath about getting paid.
In a proposed settlement filed on Friday in Brooklyn federal court, Metacafe said it would pay a maximum of $250 to consumers for reasonable expenses they incurred in trying to remove the cookies.
Read more on PaidContent.org
[From the article:
Metacafe’s decision to pay $250 may not be what it seems, however. Before anyone who had the cookies installed on their browser can collect, they must:
submit a request for reimbursement for any out-of-pocket expenses or costs that they believe they incurred for a reason attributable to Metacafe that could not have been remedied by simply removing any HTTP cookie and/or LSOs associated with Metacafe and using readily available tools to do so.

(Related)
RockYou Proposed Settlement Would Leave Decision Standing
November 22, 2011 by admin
Remember the RockYou breach that was disclosed in December 2009? It still ranks as one of the 10 biggest breaches of all time in terms of number of records involved – 32 million users’ login credentials were involved. A lawsuit over the breach created a buzz last year when it did not get dismissed out of hand for lack of standing or failure to demonstrate unreimbursed financial harm. Now Craig Hoffman reports that there is a proposed settlement in the case:
The parties in the Claridge v. RockYou case submitted a proposed settlement agreement to the court for approval on November 14, 2011. This case, which was filed shortly after RockYou disclosed a breach that compromised 32 million log-in credentials, received national attention in the spring. In April 2011, the California federal district court declined to dismiss the plaintiff’s breach of contract and negligence claims by finding that: “at the present pleading stage, plaintiff has sufficiently alleged a general basis for harm by alleging that the breach of his PII has caused him to lose some ascertainable but unidentified “value” and/or property right inherent in the PII.” Notwithstanding the court’s skepticism concerning the plaintiff’s ultimate ability to prove any actual damages, the court’s recognition of a property right in personal information sufficient to meet the Article III standing requirement was immediately advanced by plaintiffs in other similar cases. Indeed, the RockYou decision and the recent First Circuit decision in Hannaford stand out from the seemingly constant stream of decisions dismissing putative class actions filed against companies who disclose data breaches.
The terms of the proposed settlement will undoubtedly raise some eyebrows because the plaintiff only gets $2,000 while the attorney gets $290,000. But the settlement would prevent a possible loss if the case goes forward and would allow the earlier ruling to stand, which might be of help to others in future cases. You can read more on Data Privacy Monitor.


TSA insists that their scanners are not a health risk.
Airport X-ray scanners bricking Amazon Kindles
If a spate of worrying damage reports are to be believed, owners of the Amazon Kindle should think twice before taking their electronic reader with them on a domestic or international flight.
That’s according to UK newspaper reports that claim the E Ink display screens aboard Kindle devices are becoming irreversibly “scrambled” after passing through airport X-ray scanning equipment.


Looks more like a sanction for “lying to your employees”
French Court of Cassation Sanctions Company for Misuse of a Geolocation Device
November 22, 2011 by Dissent
On November 3, 2011, the Labor Chamber of the French Court of Cassation (the “Court”) upheld a decision against a company that unlawfully used a geolocation device to track the company car of one of its salesmen. Although the company notified the salesman that a geolocation device would be used to optimize productivity by analyzing the time he spent on business trips, the device was in fact used to monitor his working hours, which ultimately led to a pay cut.
Read more about the case and relevant French law on Hunton & Williams Privacy and Information Security Law Blog. French employers do not seem to get cut as much slack as American employers when it comes to monitoring employees.


No doubt US Copyright trolls will copyright this story and sue anyone who runs it...
Will the European Court of Justice stymie attempts to identify Internet users?
November 22, 2011 by Dissent
TJ McIntyre calls our attention to an important opinion:
This time last year I blogged about Bonnier Audio v. Perfect Communication, the Swedish case which questioned whether data retained under the Data Retention Directive could be used in litigation to identify users accused of infringing copyright. In that case five audiobook companies brought an action against Perfect Communication, an ISP, seeking the details of a user who was said to be sharing many popular audiobooks. The ISP, however, resisted the application and argued (in essence) that data retained under the Data Retention Directive could only be used for the purposes of that Directive and not for unrelated purposes such as civil litigation. In a preliminary reference, the Swedish court asked the ECJ the following questions:
* Whether the Data Retention Directive prevents the application of a national rule based on the EU IP Rights Enforcement Directive (2004/48/EC), which provides that an ISP in a civil case can be ordered to provide a copyright owner or a rights holder with information on which subscriber holds a specific IP address assigned by the ISP, from which address the infringement is alleged to have taken place.
* Whether the answer to the first question is affected by the fact that the state has not yet implemented the Data Retention Directive, although the deadline for implementation has passed.
As I said at the time, this has the potential to be a very important case – one in which a ruling against the copyright plaintiffs might well force a revision of the entire approach which Irish and English law takes to identifying internet users. I am surprised therefore that there hasn’t yet been much reaction to the Advocate General’s opinion, issued last Thursday, which comes down largely on the side of the ISP.
Read more about the opinion on IT Law in Ireland. With the caution that there is not yet an official translation of the opinion, the following statement from para 62 is a blockbuster:
There is no reason to favor the owners of intellectual property rights by allowing them to use personal data that have been lawfully obtained or retained for purposes unrelated to the protection of their rights.
Wow. Could that throw a monkey wrench into a lot of copyright and IP infringement cases where plaintiffs want to compel ISPs to disclose user identity information.
Kudos to Perfect Communication for not just turning over the data and trying to protect the privacy or its customers’ data.


Perhaps the court will adopt the “Soma Doctrine” and give the money to those who have proven they can manage it frugally over time... (Attention Ninth Circuit! That's the Privacy Foundation at the Sturm College of Law at the University of Denver)
Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries
November 22, 2011 by Dissent
Ginny LaRoe reports that a proposed settlement of a lawsuit against AOL over inserting promotional messages in subscribers’ e-mail footers has hit a snag:
The Ninth Circuit U.S. Court of Appeals on Monday rejected a class action settlement that called for AOL Inc. to give $110,000 to random charities, sending a message that courts should be more careful in doling out money under the cy pres doctrine.
A unanimous panel said the charities had nothing to do with the plaintiffs’ email privacy claims and that too much money was being funneled to Los Angeles groups, despite a class spread out across the country. And the court expressed skepticism about whether judges or mediators should make recommendations on how large sums of money get paid out when the money doesn’t go to the class members.
Read more Law.com


If you reallllly wanted to cut Health Care costs, why not bring in the best 'cost cutters' in the world to do it? You can see how much cheaper things would be if you could get a hip replacement on Isle 9...
Walmart’s Early Christmas Gift To The HealthTech Community
Startups thrive on discontinuities and disruption. NPR and Kaiser Health News broke a major story that Walmart intends to become the largest provider of primary care in the country.


Occasionally, I do think about what I do and how to do it better...
Khan's Biggest Impact: Changing the Economics of Education
… Besides growing the faculty of the Khan Academy, Khan is planning to open the system to teachers around the globe who can then use the Knowledge Map to build their own courses and also have access to the in-depth analytic tools Khan Academy is providing at the back-end.
But here is the deal: the content must be put up to Khan Academy’s noncommercial public domain. Noncommercial.

(Related) ...and I'm not the only one.
"Shareable has an interview with librarian Lauren Britton Smedley from the Fayetteville Free Library, which is adding a Fab Lab to its community offerings. She said, 'I think that libraries are really centers for knowledge exchange, and a Fab Lab fits perfectly into something like that. This idea that libraries are a place where the books live, and you go to find a book, and that’s all it is, I think is really starting to shift. Libraries are a place for social transformation. They’re a place that you can go to get computer access, or access to technology that you can’t get anywhere else, and access to people. ... At the Fab Lab, the impetus behind the whole thing was to create a center for knowledge exchange where we’re not just offering Intro to Word or Intro to Excel — that we can offer Intro to Computer Programming, or Digital Fabrication — these skills that are really important in the STEM fields, and we can push that information out for free. And how do we do that? By getting people in the community who know that stuff to come in and share what they know.'"


Free is good.
Textfree Users Have Sent And Received 20 Billion Text Messages, Free Of Charge
Turns out you don’t have to charge an arm and a leg for SMS messages to make money off of texting.
One startup that’s proven this is Pinger, the company behind the massively popular free texting app Textfree. Today, the company is announcing that it’s reached a major milestone: since launching in March 2009, Textfree users have sent and received a total of 20 billion text messages. For free. And they’re sending and receiving another 1.5 billion messages every month (they were growing at 1 billion per month in March of this year).
… Fire up the app for the first time and you’ll be given a new phone number [Talk about lock-in! Bob] that people can text the same way they would any other mobile number. Textfree is available for both iOS and Android, and it’s particularly popular on devices like the iPod Touch, which wouldn’t otherwise have full texting functionality

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