The march of technology ..this time with domestic CCTV, highlighting poor privacy protections

December 31, 2014

From the land of the CCTV, the United Kingdom, comes a story that highlights how technology once thought of the province of government agencies and large organisations are readily available for use by the average citizen.  Sometimes the below average citizen.  In Neighbourhood watch: how domestic CCTV is sweeping the UK the Guardian highlights the complexities and privacy intrusive behaviour associated with the misuse of CCTVs. The UK is quite far advanced in having some legal means of dealing with privacy intrusive behaviours thought as the story makes clear it is far from a perfect solution.  CCTVs are often not the solution to an underlying problem, as highlighted in CCTV increases people’s sense of anxiety

At least the UK has a surveillance camera commissioner.  In Australia Read the rest of this entry »

The year that was from a hacker’s perspective

December 29, 2014

‘Tis the season for lists.  In that vein the Wired article on The Year’s Worst Hacks, From Sony to Celebrity Nude Pics is a good coverage on the highlights of 2014’s hacks.  And it has been a Read the rest of this entry »

Privacy enhancing programs fill a gap the legislation and common law don’t cover

Privacy protection is moving in a two pronged direction; through development of law and by technological innovation.

In Australia the law is moving painfully slowly, mainly through regulation of the Privacy Act 1988.  The Act was enacted in 1988 to cover government agencies, amended in 2000 to cover some but not all privacy sector organisations and amended again earlier this year to give the Privacy Commissioner enhanced powers, to actually do something about privacy breaches.  In the 9 months after the amendments came into force there has been Read the rest of this entry »

History of data breaches.

December 28, 2014

It is no understatement to say that 2014 was a banner year for data breaches worldwide.  The Sony breach marked an apogee for the year though it might seem hum drum when viewed Read the rest of this entry »

Its Christmas time and yes Virginia there is a Santa Claus

December 24, 2014

Every year I publish one of the great editorials of the yuletide season, Yes Virginia there is a Santa Claus.  It is a wonderful piece of writing.  There is much more to Christmas but this is a wonderful start.  I never tire of reading it.

Yes, Virginia, There is a Santa Claus

By Francis P. Church, first published in The New York Sun in 1897.

We take pleasure in answering thus prominently the communication below, expressing at the same time our great gratification that its faithful author is numbered among the friends of The Sun:

Dear Editor—

I am 8 years old. Some of my little friends say there is no Santa Claus. Papa says, “If you see it in The Sun, it’s so.” Please tell me the truth, is there a Santa Claus?

Virginia O’Hanlon

Virginia, your little friends are wrong. They have been affected by the skepticism of a skeptical age. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds. All minds, Virginia, whether they be men’s or children’s, are little. In this great universe of ours, man is a mere insect, an ant, in his intellect as compared with the boundless world about him, as measured by the intelligence capable of grasping the whole of truth and knowledge.

Yes, Virginia, there is a Santa Claus. He exists as certainly as love and generosity and devotion exist, and you know that they abound and give to your life its highest beauty and joy. Alas! how dreary would be the world if there were no Santa Claus! It would be as dreary as if there were no Virginias. There would be no childlike faith then, no poetry, no romance to make tolerable this existence. We should have no enjoyment, except in sense and sight. The eternal light with which childhood fills the world would be extinguished.

Not believe in Santa Claus! You might as well not believe in fairies. You might get your papa to hire men to watch in all the chimneys on Christmas eve to catch Santa Claus, but even if you did not see Santa Claus coming down, what would that prove? Nobody sees Santa Claus, but that is no sign that there is no Santa Claus. The most real things in the world are those that neither children nor men can see. Did you ever see fairies dancing on the lawn? Of course not, but that’s no proof that they are not there. Nobody can conceive or imagine all the wonders there are unseen and unseeable in the world.

You tear apart the baby’s rattle and see what makes the noise inside, but there is a veil covering the unseen world which not the strongest man, nor even the united strength of all the strongest men that ever lived could tear apart. Only faith, poetry, love, romance, can push aside that curtain and view and picture the supernal beauty and glory beyond. Is it all real? Ah, Virginia, in all this world there is nothing else real and abiding.

No Santa Claus! Thank God! he lives and lives forever. A thousand years from now, Virginia, nay 10 times 10,000 years from now, he will continue to make glad the heart of childhood.

About the Exchange

Francis P. Church’s editorial, “Yes Virginia, There is a Santa Claus” was an immediate sensation, and went on to became one of the most famous editorials ever written. It first appeared in the The New York Sun in 1897 and was reprinted annually until 1949 when the paper went out of business.

Thirty-six years after her letter was printed, Virginia O’Hanlon recalled the events that prompted her letter:

“Quite naturally I believed in Santa Claus, for he had never disappointed me. But when less fortunate little boys and girls said there wasn’t any Santa Claus, I was filled with doubts. I asked my father, and he was a little evasive on the subject.

“It was a habit in our family that whenever any doubts came up as to how to pronounce a word or some question of historical fact was in doubt, we wrote to the Question and Answer column in The Sun. Father would always say, ‘If you see it in the The Sun, it’s so,’ and that settled the matter.

“ ‘Well, I’m just going to write The Sun and find out the real truth,’ I said to father.

“He said, ‘Go ahead, Virginia. I’m sure The Sun will give you the right answer, as it always does.’ ”

And so Virginia sat down and wrote her parents’ favorite newspaper.

Her letter found its way into the hands of a veteran editor, Francis P. Church. Son of a Baptist minister, Church had covered the Civil War for The New York Times and had worked on the The New York Sun for 20 years, more recently as an anonymous editorial writer. Church, a sardonic man, had for his personal motto, “Endeavour to clear your mind of cant.” When controversal subjects had to be tackled on the editorial page, especially those dealing with theology, the assignments were usually given to Church.

Now, he had in his hands a little girl’s letter on a most controversial matter, and he was burdened with the responsibility of answering it.

“Is there a Santa Claus?” the childish scrawl in the letter asked. At once, Church knew that there was no avoiding the question. He must answer, and he must answer truthfully. And so he turned to his desk, and he began his reply which was to become one of the most memorable editorials in newspaper history.

Church married shortly after the editorial appeared. He died in April, 1906, leaving no children.

Virginia O’Hanlon went on to graduate from Hunter College with a Bachelor of Arts degree at age 21. The following year she received her Master’s from Columbia, and in 1912 she began teaching in the New York City school system, later becoming a principal. After 47 years, she retired as an educator. Throughout her life she received a steady stream of mail about her Santa Claus letter, and to each reply she attached an attractive printed copy of the Church editorial. Virginia O’Hanlon Douglas died on May 13, 1971, at the age of 81, in a nursing home in Valatie, N.Y.

Merry Christmas to one and all.

Verizon issues its insecurity hall of fame…apt in light of the Sony experience

December 19, 2014

Verizon in its  The 2014 Data [In]Security Hall of Fame provides a (slightly) more light hearted look at the security issues over the last 12 months, more to the point the breaches and their consequences.  Given the catastrophic end to the year for Sony Read the rest of this entry »

Sydney Law Review article on privacy

As recently noted by Peter Timmons excellent blog Open and Shut the most recent Sydney Law Review has an excellent article titled Enhancing Press Freedom through Greater Privacy Law: A UK Perspective on an Australian Privacy Tort which considers an actionable privacy right in the context of the need for freedom of expression.  It also Read the rest of this entry »

The Privacy Commissioner and Information Commissioner provide privacy tips for the festive system

The Australian Privacy Commissioner, with Privacy tips for the festive season, and the UK Information Commissioner’s office, with Is protecting data on your Christmas list?, have issued posts/statements on the need to maintain proper data security.  As far as they go they are reasonable and easily understood suggestions.  Given the Read the rest of this entry »

A significant flaw in Delta airlines site allowed passengers to view others boarding passes

In Delta site flaw lets passengers access others’ boarding passes Itnews reports on a significant weakness in Delta’s website which enabled passengers to access the boarding passes of others.  Clearly this is a significant privacy violation.  While the vulnerability was fixed it is indicative of problems with organisations failing to review their web site interface to check for vulnerability.
Read the rest of this entry »

US Securities and Exchange Commissioner highlights data security issue as a key problem

December 17, 2014

Under the Privacy Act there is an obligation to provide adequate data security, at Australian Privacy Principle 11.  The Privacy Commissioner’s guidelines attempt to set out what is expected of entities.  Those guidelines are drafted in the broad and suffer from being very generalised.  Absent determinations, enforceable undertakings it is difficult to determine what the benchmarks are.  Clearly industry standards are relevant.  As posted previously (found here) the New York Department of Financial Services has issued a detailed letter regarding what is expected in the event of an IT/cybersecurity examination. It is an area where the United States Regulators are, albeit in a piecemeal and sectoral manner, taking more detailed an pro active steps than Read the rest of this entry »