From: TSG (tglasseyearthlink.net)
Date: Thu Jun 12 2008 - 18:30:08 CDT

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----- Original Message -----
From: "TSG" <tglasseyearthlink.net>
To: "Edward White" <ewhiteavrenter.com>
Cc: <datalossattrition.org>
Sent: Thursday, June 12, 2008 4:19 PM
Subject: Re: [Dataloss] Data breach notification survey

>I like this idea Edward - but I am going to put on my devils' advocate hat
>here and push back.
>
> Don't get the wrong idea - I want to proceed with your suggestion but I
> also want to point out some other things...
>
>
> Todd
>
> ----- Original Message -----
> From: "Edward White" <ewhiteavrenter.com>
> To: "TSG" <tglasseyearthlink.net>
> Cc: <datalossattrition.org>
> Sent: Thursday, June 12, 2008 10:14 AM
> Subject: RE: [Dataloss] Data breach notification survey
>
>
> Todd and All who would like to make a difference,
> Let's break the problem into its component parts
>
> 1) Personal Data held by companies
>
> TSG: Which is constrained by the different regulatory frameworks.
>
> 2) Personal data out in the open
>
> Let's put all of our ideas together to fix the problem with breaches of
> personal data and craft a letter that will put our ideas into action.
>
> TSG: the key to all of this is that the industry is still reeling from its
> SOX spanking's. Those were the huge costs that it cost to become SOX
> compliance. The problem is it wasnt SOX that was the culprate - it was the
> sloppy and uncontrolled methods that people used to use to try and scate
> around the sides of the requirement's. The issue isnt SOX or any other
> Federal Law other than the Rules of Evidence which are where the rubber
> meets the road. What people are pushing back against is the costs of
> meeting the new Digital Evidence Competency costs and my reaction to many
> of them is that as an Auditor I will not sign off on their external's
> without this in place.
>
> TSG: As a shareholder My response would be a littel different - I may
> litigate their gross negligence as well unless they come up with a strong
> Evidence Capture and Anti-spoliation Position and Practice.
>
> I know the right senators office to start with and then will get their
> input for a final letter that I will hand deliver to every Senators and
> Congressman's office in Washington, DC
>
> It may take 6 months to a year + to get the ideas into Law. This is our
> Country and the Senate and the Congress work for us. Let's fix the
> issue.
>
> TSG: The issue is easily fixed through civil litigation under Qui Tam.
> Trust me - most civil attorney's dont see this one, but if you properly
> analyze the US Law you will find that Qui Tam under the False Claims Act
> is huge. For instance ALL of the ENRON Victims probably still have
> recovery rights against the officers of ENRON itself. Likewise would any
> of those shareholders of company's who were dinged in the back-dating
> scandle as well...
>
> There are many smart people in this country and we need to rise to the
> challenge.
>
> Thanks
> Ed
>

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