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CYBER WARS
Firms told to own up to cybercrime attacks
by Staff Writers
Washington (UPI) Jul 2, 2012


US court orders Twitter to hand over Occupy tweets
New York (AFP) July 2, 2012 - A New York judge Monday ordered Twitter to turn over data on one of its users involved in the Occupy Wall Street protest movement, in a case watched closely as a test of online freedom of speech.

Manhattan criminal court Judge Matthew Sciarrino ruled that law enforcement had the right to see tweets and other user data from Malcolm Harris, who is being prosecuted for disorderly conduct in connection with the Occupy Wall Street protest on the Brooklyn Bridge last year.

The judge said that the tweets are not private information and thus not subject to the constitutional guarantee of privacy.

"If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy," he said in an 11-page ruling.

"The constitution gives you the right to post, but as numerous people have learned, there are still consequences for your public posts. What you give to the public belongs to the public. What you keep to yourself belongs only to you."

The ruling reaffirmed the judge's refusal of a motion by Twitter to quash the subpoena. He did grant Twitter's request to protect anything tweeted before December 31, or more than 180 days old, without a search warrant.

Chief Assistant District Attorney Daniel Alonso said after the ruling: "We are pleased that the court has ruled for a second time that the tweets at issue must be turned over. We look forward to Twitter's complying and to moving forward with the trial."

Twitter said it was studying its next move.

"We are disappointed in the judge's decision and are considering our options," a statement from the San Francisco firm said.

"Twitter's terms of service have long made it absolutely clear that its users 'own' their content. We continue to have a steadfast commitment to our users and their rights."

The American Civil Liberties Union and others have cited the case as a test of free speech online. The ACLU said it hopes the decision is eventually overturned.

"The information being requested in this particular subpoena would provide the government with a wealth of knowledge about the user's communications and geographic locations for a three-and-a-half month period," ACLU attorney Aden Fine said.

"The request covers all of the user's tweets (no longer available on Twitter), as well as his subscriber information, which includes his personal email address, the IP addresses he used," Fine said,

"The government shouldn't be able to get this sensitive and constitutionally protected information without a warrant and without first satisfying First Amendment scrutiny."

Corporations and other businesses in the United States and elsewhere are coming under increasing pressure to own up to cybercrime attacks they are often suspected of hiding to protect brand identity and shareholder interests.

Cybercrime attacks are seen by both financial and security experts to be potentially damaging for a company's corporate profile and profitability. Admission of a cybercrime incident can dent shareholder confidence in a company's corporate profile, analysts said.

Only a small fraction of cybercrime incidents are reported but security industry analysts said cybercrime incidents are much more widespread and include incidents in which customer records are hacked and both account holders and host entities end up losing money.

Recent investigations by the U.S. Congress and independent financial surveyors found that corporations continue to avoid reporting of the incidents in corporate filings.

Most business concerns are required under law to report cybercrime incidents and, more specifically, to inform investors each time they are subjected to cybercrime.

In the United States, the Securities and Exchange Commission requires all corporate entities to report incidence of cybercrime. Similar requirements apply to businesses elsewhere in the industrialized world.

Industry analysts said the only way a business could get away with zero admission to cybercrime incidents would be by not reporting such incidents to law enforcement agencies.

Congressional interventions to rectify the situation include initiatives in the Senate Commerce, Science and Transportation Committee, which wants corporate entities to be made more answerable. Sen. Jay Rockefeller, D-W.Va., is spearheading changes to cybersecurity legislation to strengthen the reporting process.

The SEC cybersecurity guidance currently is not mandatory, rather it expects companies to include cybercrime incidents among any material risks faced by a business.

In Europe, moves are afoot to set up a dedicated center to fight cybercrime amid estimates that tens of billions of dollars are lost each year to cybercrime activities.

Based in The Hague, Netherlands, the center will be operational next year and will operate alongside alongside Europol, the pan-European police force.

More than a third of the EU's 500 million citizens bank online, and an estimated $8 trillion changes hands globally each year in e-commerce, the Commission said in a report. EU experts cited studies that estimate cybercrime costs to exceed $388 billion worldwide.

British security forces also cited instances where huge losses suffered by U.K. companies went unidentified. An unnamed London-listed company hit by a cyberattack incurred revenue losses of $1.2 billion, MI5 national intelligence service Director General Jonathan Evans said. Evans did not not identify the company or say which country was behind the attack.

U.S. security experts say most hacking is sourced to China and Russia, but other security analysts say the Internet's current structure allows cybercriminals to operate from any number of jurisdictions, some virtually out of reach of international law enforcement agencies.

Fortune 500 companies were reported among victims of costly cybercrime incidents which most of them chose not to disclose to regulatory and security authorities.

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CYBER WARS
US court orders Twitter to hand over Occupy tweets
New York (AFP) July 2, 2012
A New York judge Monday ordered Twitter to turn over data on one of its users involved in the Occupy Wall Street protest movement, in a case watched closely as a test of online freedom of speech. Manhattan criminal court Judge Matthew Sciarrino ruled that law enforcement had the right to see tweets and other user data from Malcolm Harris, who is being prosecuted for disorderly conduct in con ... read more


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