E.C. launches new drive for bank data-sharing agreement

The European Commission today began work on a new set of negotiations with the U.S. on the transfer of E.U. citizens’ bank data for counterterrorism purposes, after a previous agreement was vetoed by the European Parliament.

The agreement is needed because while European data protection laws prohibit the passing of personal data to the U.S., American authorities say the data has been a valuable tool with which to track the funding of terrorist acts.

The Parliament torpedoed the agreement last month partly because it felt that European civil liberties were being compromised, but also because it was excluded from the decision-making process.

As a result, SWIFT, the Belgian bank networking firm that transmits billions of financial transactions every day and lies at the center of the debate, is in legal limbo, with the U.S. demanding the data, while E.U. laws forbid it from continuing such cooperation.

via E.C. launches new drive for bank data-sharing agreement.

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The Evolving Landscape of Data Privacy | Law.com

Although other legal and regulatory issues, ranging from financial reform to executive compensation, have firmly grabbed the spotlight, the stealth issue for 2010 may well be data security and privacy. Indeed, a broad class of businesses will face an array of new privacy obligations as a result of new requirements adopted on both the federal and state levels. In addition, Congress is actively considering new data privacy legislation that would, among other things, require firms to notify customers in any instance of a data breach.

On the regulatory front, several new federal privacy rules go into effect this year. By June 1, 2010, many financial institutions and creditors will need to adopt written programs, pursuant to the Federal Trade Commission’s Red Flags rule, that are designed to identify, detect, and respond to red flags of identity theft. By that same date, securities broker-dealers, investment advisers, and other entities registered with the Securities and Exchange Commission will need to develop compliance approaches under Regulation S-AM, which limits the ability of SEC-registered firms to market customers based on data obtained from their affiliates absent a notice and opportunity for customers to “opt-out.” In addition, banks and other financial institutions now have the option of using a new model privacy notice to inform customers about their privacy practices. Firms electing to use the new form notice, which was adopted in December by the FTC, SEC, and federal bank regulators, obtain the benefit of a regulatory safe harbor.

via Law.com – The Evolving Landscape of Data Privacy.

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Federal Trade Commission links wide data breach to file sharing – washingtonpost.com

The Federal Trade Commission said Monday that it has uncovered widespread data breaches at companies, schools and local governments whose employees are swapping music, software and movie files over the Internet.

The consumer protection agency said it sent nearly 100 letters to organizations where information on customers and employees — including health and financial data and Social Security and driver's license numbers — leaked through peer-to-peer Web services. It warned that the security breaches could lead to identity fraud or theft, and it recommended that the groups review their policies and inform affected users.

“Unfortunately, companies and institutions of all sizes are vulnerable to serious P2P-related breaches, placing consumers' sensitive information at risk,” FTC Chairman Jon Leibowitz said in a news release. The agency said it has launched separate investigations of some companies as a result of its file-swapping inquiry, but it declined to name those firms or detail the scope of the probes.

“Companies should take a hard look at their systems to ensure that there are no unauthorized P2P file-sharing programs and that authorized programs are properly configured and secure,” he said.

via Federal Trade Commission links wide data breach to file sharing – washingtonpost.com.

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SEC restructures to catch next Madoff | The Harvard Law Record

Reeling from the fallout of the Madoff scandal, the Securities and Exchange Commission has been searching for a new strategy and new leadership in its mission to protect the investing public from fraud.  As part of this effort, the S.E.C. recently unveiled six new organizational departments that will lead units aimed at supervising particular domains of finance: asset management, market abuse, structured and new products, foreign corrupt practices, and municipal securities and public pensions.  These changes come with a public recognition that in the rapidly changing world of modern finance the Commission must be constantly vigilant to keep pace with innovation in the markets, as well as a keen awareness that in the wake of the Madoff fiasco the public and Congress are demanding swift action to improve the quality of financial industry oversight.

But while the Commission seeks new and innovative strategies for fulfilling its policy objectives, its core mission of overseeing financial markets continues to depend on its ability to directly probe into the activities of market players, and starting at the end of January, the front-lines inspectors in America's financial capital will have a new chief, private fund industry expert Norman Champ '89, who will take on the role of Regional Associate Director for the S.E.C.'s New York Regional Office.  Champ brings a wealth of experience as an attorney and industry insider, having worked for eight years at Davis Polk & Wardwell before becoming general counsel at Chilton Investments, a private investment management fund based in Stamford, Connecticut with over $7 billion in assets under management.  Champ served until the end of 2009 as Executive Vice President and General Counsel at Chilton, in addition to representing the interests of the hedge fund industry as a member of the board of directors of the Managed Funds Association.

via The Harvard Law Record – SEC restructures to catch next Madoff.

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Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act

After a lengthy investigation, on December 16, 2009, the Federal Trade Commission (FTC) filed an administrative complaint against Intel Corporation (Intel) alleging that it has engaged in anticompetitive and unfair conduct in order to maintain a superior position in several markets. The FTC action is particularly notable because the Commission is attempting to invoke authority under Section 5 of the Federal Trade Commission Act (FTC Act) recognized by the Supreme Court in 1972 to pursue arguably anticompetitive conduct that does not violate the Sherman Act. Only time will tell how successful the Section 5 revival will be, but companies should be aware of the FTC’s current willingness to exercise its full authority under the broader Section 5 and reach conduct that the Sherman Act would permit.

via JD Supra: Legal Articles – Antitrust and Federal Regulation Alert: Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act.

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EU Drops Antitrust Case Against Microsoft

Microsoft Corp. got an early Christmas present when the European Commission announced Wednesday that it was dropping its antitrust case against the company.

The commission had charged that Microsoft distorted competition by tying Internet Explorer to Windows. European regulators argued that this tying hindered innovation in the market and created artificial incentives for software developers and content providers to design their products or Web sites primarily for Internet Explorer.

To settle the case, Microsoft promises to offer computer makers and Windows users in Europe the ability to install different Web browsers, and to allow them to turn Internet Explorer on or off. Microsoft also committed to making far-reaching interoperability disclosures.

“Millions of European consumers will benefit from this decision by having a free choice about which web browser they use,” said EU Competition Commissioner Neelie Kroes in a press release. “Such choice will not only serve to improve people's experience of the Internet now but also act as an incentive for web browser companies to innovate and offer people better browsers in the future.”

Microsoft General Counsel Brad Smith in a statement said the company was “pleased with today's decision by the European Commission, which approves a final resolution of several longstanding competition law issues in Europe.”

via EU Drops Antitrust Case Against Microsoft.

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F.T.C. Accuses Intel of Trying to Stifle Competition – NYTimes.com

The Federal Trade Commission on Wednesday sued the chipmaker, Intel, accusing it of using its dominant market position to stifle competition and strengthen its monopoly.

In its complaint, the agency accused Intel of a systematic campaign to prevent rivals from selling their microchips by cutting off their access to the market.

In doing so, the agency said in a statement, Intel deprived consumers of choice and innovation in the microchips used for a computers’ central processing unit.

“Intel has engaged in a deliberate campaign to hamstring competitive threats to its monopoly,” said Richard A. Feinstein, director of the commission’s Bureau of Competition. “It’s been running roughshod over the principles of fair play and the laws protecting competition on the merits.”

According to the complaint, Intel’s tactics were intended to put the brakes on superior competitive products that threatened its monopoly in the microchip market.

via F.T.C. Accuses Intel of Trying to Stifle Competition – NYTimes.com.

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