Compliance Week thoughts, takeaways, memories [new articles]

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I’m still working though two intense days in Washington, D.C. last week.

I met John Kerry on the way home.

I took thousands of words of notes and tweeted up a storm at @ITCompliance.

I published three articles and have at least as many yet to come. And I ate some of the best crab bisque and fried chicken of my life, as Georgia Brown’s.

I’ll be posting more of my coverage as it comes.

For now, here are the first articles, on increasing regulation, enforcement and Harvey Pitt‘s views on SOX & risk management, respectively.

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Framing problems with ow.ly: Why I won’t click, RT or use your links

I’ve had it. I see ow.ly links all over Twitter and I’m not going to take it anymore.

What’s the issue? Framing and search engine optimization (SEO).

I just read through a comment thread on “The Day I Decided to be Evil [URL Shorteners]” at SiliconAngle.com on whether we should use URL shorteners at all.

I’m on the “yes” side of this argument, both because I would be horrifically hypocritical (I’ve shared thousands of shortened links on Twitter) and because microblogging virtually requires the use of shorteners to work as a means to share and spread data, links, pictures and other forms of media.

So there’s that, in the interests of disclosure.

My post comes late to the SEO debate and, to be frank, there are others who are much better equipped to argue the point. Fortunately, since this is the Web, I can point you in the right direction:

The authority on the subject is absolutely Danny Sullivan, who posted Which URL shortening service should you use? last month. What’s the nut of the SEO issue? The kind of redirect used. As Sullivan writes:

”A top issue to me, and many others, is that a URL shortening service does a “301 redirect” to the full URL. That number stands for the code a web server issues to a browser (or search engine) when a URL is requested.

A 301 redirect says that the URL requested (the short URL) has “permanently” moved to the long address. Since it’s a permanent redirect, search engines finding links to the short URLs will credit all those links to the long URL (see the SEO: Redirects & Moving Sites section of the Search Engine Land members library for more about redirection).

In contrast, a 302 redirect is a “temporary” one. If that’s issued, search engines assume that the short URL is the “real” URL and just temporarily being pointed elsewhere. That means link credit does not get passed on to the long URL.

In short, if you’re hoping that links you tweet will generate link credit for your web site, you want a service that issues a 301 redirect. Also keep in mind that while 301s might be issued today, a shortening service could shift to 302 directs at any time (and if they do, I hope scorn gets poured upon them).

Ok, so there’s the SEO background and issues at hand. So which does ow.ly use? I tried Rex Swain’s “Rex Swain’s HTTP Viewer” tool, linked to from Danny’s post, on the following link: http://ow.ly/cB3E

Here’s what I received:

HTTP/1.1•200•OK(CR)(LF)
Date:•Sat,•06•Jun•2009

Sure looks like a 200, not a 301 redirect, right? That would imply that A.J. Ghergich of AuthorityDomains was wrong when he wrote that ow.ly uses 301 redirects. When I tried the HTTP Status Codes Checker tool provided by SEOConsultants.com, however, I received two different server responses:

#1 Server Response: http://ow.ly/cB3E
HTTP Status Code: HTTP/1.1 301 Moved Permanently

And:

#2 Server Response: http://www.engadget.com/2009/06/06/40-second-toothbrush-complicates-horrifies/
HTTP Status Code: HTTP/1.1 200 OK

So that looks like both! Ah, confusion. Hootsuite certainly thinks that it’s doing it right, as evidenced by the following statement on their blog:

”Ow.ly links won’t harm SEO because they’re designed to allow Google and other search engine spiders access to the content without stealing any Google juice.”

Color me unconvinced. I think I’ll stick with bit.ly, which I know uses the correct redirect every time.

UPDATE: I asked Danny Sullivan in October (on Twitter, no less) what he thought of ow.ly. Sullivan tweeted that “any shortener that frames is bad for SEO as you don’t get credit [link to his URL shortener post] standalones doing this feel more evil to me.” Further, he replied that “su.pr, diggbar & facebook all frame. not so bad as designed to do from within their systems. not that i like it much still.”

As Jennifer Van Grove (@jbruin) points out on Mashable in “HootSuite 2.0: Get More Twitter Tabs, Columns and Stats,” the HootSuite platform itself has continued to improve and offer easier management of everything from “profile feed options (like mentions, DMs, pending tweets), multiple keyword tracking (up to 3 keywords per column), search terms, and groups.” That’s a compelling offering. As she writes, “ow.ly links via HootSuite to track click-throughs will also love that stats are more detailed. So, summary stats on links are supplemented with individual tweet statistics showing total clicks and user rating.”

That’s long been one of the more attractive features of ow.ly for publishers, given the need for them to prove ROI, measure audience feedback and test different compositions of microcontent. That said, bit.ly offers similar features without the burden of that bar.

In other words, I think Web publishers who use Hootsuite are getting good value, especially considering that the cost is precisely zero.

I do, however, think they risk damaging their brand equity and irking users with the social bar – and that there’s a larger ethical issue around the framing that the ow.ly bar creates, including potential violations to terms of service and copyright. If you read Malcolm Coles, “Ow.ly and Hootsuite are in widespread breach of newspaper and other sites’ TOCs,” you’ll gather that he does as well.

Hootsuite itself writes the following:

“Generate money from your tweets! Add your Google Adsense code to enable ads on your ow.ly links. We’ll show your ads half the time, and our ads half the time.”

Also of note: when I clicked the “Learn more” link below the Adsense copy, I ended up at a 404 page with the following URL: http://blog.hootsuite.com/monetized-twitter-yes-we-did

Of course, thanks to Google, you can still view the page in cache:
http://74.125.47.132/search?q=cache:SbJvI1CM3XIJ:blog.hootsuite.com/monetized-twitter-yes-we-did/+http://blog.hootsuite.com/monetized-twitter-yes-we-did/&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a

Following is a quote from the post, entitled in a decidedly Yoda-esque fashion: “Monetized Twitter: Yes We Did.”

“Got a link that prompts a re-tweet? As your ow.ly link gets passed from person to person, so does the featured ad! If your link is retweeted by enough people, it can continue to make you money.

Ever wonder how Twitter’s getting monetized? We’ve just shown you. It’s easy to configure, it’s easy to share, and it easily integrates with Twitter.

Note: So that we can keep HootSuite as a free service for our users, there is a 50% chance that your ad will appear in a link, and a 50% chance that one of our ads will appear.

Got that? As the link to the third party’s content is passed along – content that the user (who shortened it) and Hootsuite (the shortener) did not create – both of those parties will earn money by framing it with ads.

It’s worth observing that Hootsuite does provides an option NOT to include Adsense in Settings, simply by leaving the field unoccupied: “(leave empty to disable AdSense)”

Also crucial to note is that the updated, slimmer version of Hootsuite’s social bar does not appear to play well with Google Adsense, though the precise reason for the issue isn’t clear.

According to Hootsuite, “We are currently experiencing issues with AdSense integration. Your ads may not be displayed. We are in communication with Google about this issue, and we will keep our users updated.”

I should note that I’m not a lawyer, but a quick read of Google’s Adsense policies would seem to put ow.ly in violation:

Copyrighted Material: AdSense publishers may not display Google ads on webpages with content protected by copyright law unless they have the necessary legal rights to display that content. Please see our DMCA policy for more information.”

Framing another site’s content with a bar that contains advertising to other parties would appear to do precisely that.

It could be a formatting issue, it could be something else entirely – I wonder whether Google’s notoriously savvy legal team has seen this issue.

If any publishers do decide to use ow.ly, I believe they would be well-advised to do so.

At least one lawyer shares that view. In the comments section of Greg Lambert’s post on GeekLawBlog, Product Review: HootSuite & OW.LY – Do The Benefits Outweigh The Problems?, Doug Cornelius posted a strong opinion, albeit one filtered by his standard lawyerly disclaimer:

Incarnation of Satan may be a bit much, but definitely a spawn of Satan.

I am not a copyright expert, but it seems to me that framing is a copyright violation. (There was the TotalNews case, but it was settled before we could could get some law on this. Infer what you want from TotalNew stopping the framing as part of the undisclosed settlement.) I expect that this feature of Ow.ly won’t last long, once the lawyers start sniffing around.

Even if it is not illegal, it robs websites of traffic. You, like me, put up blog posts because we feel like saying something. We don’t sell ads, we don’t have sponsors and nobody pays us to write. All I (and I assume you) want in return is some page hits and the occasional comment. We want to know that someone is listening and that we are not just talking to ourselves.

Ow.ly seems to rob us the page hits so I would not know that you viewed my page or where you came from. I don’t ask for much, but it is nice to know that you stopped by and who sent you. Ow.ly takes that away.

Don’t get me started on the adsense feature of ow.ly. If I wanted ads associated with my site, I would put them there. I don’t want someone framing my content with a Viagra ad.

Lambert himself expresses considerable reservation:

The Whole “OW.LY” Thing….

Alright, this is the big one. I barely got my first test Tweet out on HootSuite when someone called me out for “annoying” if not “illegal” framing of web content. Now, I confess that I didn’t realize what OW.LY was doing until after I had sent out the Tweet, so I was pretty ignorant of the drawbacks of using OW.LY as my URL shrinker. At first glance, the frame is a little annoying, but also a little useful. So, I had a nice little discussion with Doug Cornelius about the benefits. Whereas I thought HootSuite’s ability to gather statistics and feedback could be a benefit to the person Tweeting the link — Doug thought it was something close to the incarnation of Satan himself (okay, I’m being a little over dramatic on Doug’s response… but, not that far off!)

After looking at the positives and the negatives, I decided that framing of other people’s content really isn’t a great idea. It is annoying for one, and it borders on the unethical for another. I would ask the folks at HootSuite to give the users of their product an option to use a non-framing version of OW.LY that would still gather the metrics of who did the click-thru, without annoying the hell out of them!!

As for the putting Google Adsense code on OW.LY to generate revenue from your Tweets, I’d have to say that would not be something that I would do, or recommend. Some may argue that people would not have gone to these websites if it were not for your Tweets, but I’d have to say that there seems to be a certain sliminess about that type of revenue generating that I do not like.

There are other reasons to be concerned, as content publisher. As Espen Antonsen writes on cloudave.com in “The Problem with URL Shorteners: Ow.ly server errors,” your audience may be confronted with a server error by the shortener, even if the end resource is live. I should note that has nothing to do with SEO or framing issues, but it’s worth considering:

“If you currently click on a ow.ly shortened URL you will be shown a server error page at ow.ly – not the URL you or the publisher intended you to see. Proponents of these services have so far ignored the main problem; trusting a third party. I guess they see the problem now when potential visitors to their site are stopped by a server error on someone else’s site.

The question of trust in this regard is especially important because these services has no working business model. Also any developer can create such a service in less than an hour making the barriers of entry for this service extremely low. Expect to see URL shortener services changing their tactics: Digg launched their already much hated DiggBar last week. This service unlike most other url shortener services wraps the actual landing page in a frame and adds a top-frame bar with Digg information. Ow.ly is also now doing this (unsure if this feature is new to this service). The problem for site owners is that they have no control over how these services will change. DiggBar is already “stealing” link-juice by having a digg-shortened link on Delicious instead of the original url. Also DiggBar and Ow.ly responds with a frameset (200 http status code) instead of a redirect (301 http status code). This can result in a lower pagerank as Google will not see the link from “Site X” to “Site Y” but instead from Digg.com to “Site Y”. In my view URL shorteners are just plain evil. They add an extra unnecessary layer on the web.”

Angie Haggstrom, of ProfessionalWebContent.com, expressed similar reservations to Cornelius in the comments of that post:

“After one of my readers complained about me using HootSuite’s ow.ly links (he thought the framing raised some copyright issues), I asked HootSuite about giving me the option to remove it.

They responded that the ability to move the frame will be an option in their “premium” account, meaning that you will have to pay for it.

By the way, the HootSuite tool bar has been in place as long as I have been using it, which is for 3 months.”

“The other beef with services such as Ow.ly that many haven’t mentioned is the fact that they are making money off content that doesn’t belong to them. Google Adsense for example. Shouldn’t web owners get a cut? At least those who do not want to share their content?”

So where does this leave me?

The Hootsuite blog states that it offers an opt-out, that doesn’t fix the ad framing issue:

“One click opt-out. We recognize everyone is different. So, if you or your users happen not to like it? Not a problem. One click and anyone can opt-out of ever seeing an Ow.ly social bar again.”

That doesn’t do it for me: I won’t be using ow.ly.

As I’ve previously stated, I will not share or retweet ow.ly links.

I’ll look for another provider that is sharing the same news.

If it’s original content from that publisher, I’ll navigate to the source and re-shorten the link, if the story is compelling enough to do so.

Thankfully, I can shorten URLs using http://bit.ly and Twittelator Pro, simply replacing “http” with “twit” in mobile Safari on my iPhone, though it’s obviously onerous to do so.

I hope that Hootsuite will simply permanently remove the Adsense feature. After all, it’s not working now.

And I hope that I’m wrong about the SEO issue – though as I wrote, it appears ow.ly has a 200, not a 301 redirect. That’s something Hootsuite can and should fix soon.

The social bar isn’t likely to go away, just like the social bars from LinkedIn, Facebook and Digg. It’s not hard to anticipate scenarios where content publishers raise copyright concerns should third-party advertising end up in those bars as well, a future that may well be coming given the considerable pressures to monetize these platforms and social networks.

In the meantime, we as users and publishers can choose not to use them and encourage reforms in their technical underpinnings.

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Top 5 Twitter tips and the best Twitter tools [podcast]

My colleague, Elaine Hom, was kind enough to invite me to sit in on her website’s monthly podcast, “Reality Check.” In the episode, I offered up my “Top Twitter tips and the best Twitter tools

I was well-caffeinated, as you’ll hear, but I’m generally quite proud of the final product. I hope others will find is useful for navigating Twitter in an efficient way and make some meaning out of that noise.

Listen to: Top Twitter Tools and Tips

Reality Check: Top Twitter tips and the best Twitter tools
29 May 2009 | SearchUnifiedCommunications.com

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A better definition for cloud computing?

Graphic representation of a minute fraction of...
Image via Wikipedia

I know a thing or two about defining IT terms. Some concepts, however, are so nebulous or fraught with marketing hype that they beggar most attempts.

I was assigned “cloud computing” for WhatIs.com eons ago. (Actually, in 2007).

The definition has been revised since that first attempt — as one might expect — but the one liner that remains is apt:

“Cloud computing is a general term for anything that involves delivering hosted services over the Internet.”

Much as I hate to admit it, I prefer a distilled version of Wikipedia‘s current definition for cloud computing (as of May 20, anyway):

“Cloud computing is a computing paradigm where dynamically scalable and often virtualized resources are provided as a service over the Internet.”

After I posed the question of a definition on Twitter, Chris Hoff passed me a note with the following elements that he would suggest for a cloud computing definition:

1.    Abstraction of infrastructure
2.    Democratization of resources
3.    Service oriented
4.    Elasticity/dynamism w/self-service
5.    Utility mode of allocation and consumption

Hoff called out a quote from Interop today as well: “Cloud computing is not a technology, it’s an operational model.” (Forgive me — lost the attribution.) The point the speaker was making — and it’s not a new one — is that cloud computing is itself made up of hundreds of other technologies and subsets, including storage-as-a-service, software-as-a-service, etc.

For more on those elements,  go read Hoff (aka @Beaker) at his blog, “Rational Survivability,” where his “Update on the Cloud (Ontology/Taxonomy) Model” provides considerable insight into the bits, bytes, models and pieces.

There’s a good discussion of a definition for cloud computing over at “Cloud Talk,” too.

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MIT Panel: “Machines with eyes & texting spies” [privacy]

"Spies and texting eyes panel at MIT"

"Spies and texting eyes panel at MIT"

“Big Brother has nothing on growing up as a minister’s daughter in a small town.”

Shava Nerad, Development Director / former Executive Director of the Tor Project, offered that trenchant observation in the context of a panel on privacy held at the MIT Museum earlier this month,”Machines with spies & texting eyes: The shifting lines of public/private.” As she noted, she’s been writing provocative things on the Internet since 1982 so this isn’t exactly out of character.

Jonathan Zittrain, co-founder of the Berkman Center for Internet & Society at Harvard University, moderated the panel.  Judith Donath (Director of the Sociable Media Group), Aaron Swartz (Founder of watchdog.net and reddit.com) and Benjamin Waber, (Researcher, Human Dynamics Group at the MIT Media Lab) joined Nerad behind the table.

The event put special focus on the MIT Media Lab‘s Sociable Media Group’s exhibition, “Connections.” When asked about the purpose of the exhibit, Donath said that “We wanted people to step back and think about privacy. One mundane step after another has brought us to a deeply transformed world.”

Shava noted that “mischaracterizations of your identity are more likely to result than the real thing at the exhibit.” That result is “an artifact of scraping,” where data is pulled from many pools online without context or interpolation.

In general, the exhibit is meant to pull into focus Donath’s central question: “What is the cost we have to pay in terms of privacy to cement society together?”

You can take a virtual tour of the museum (from 2008) below:

Using the dry wit that makes his public appearances so enjoyable, Zittrain kicked off the panel with an explication of prurient. As he noted, prurient is a “funny word.” It refers to something that attracts you and then a moment later disgusts you. It’s wholly applicable and useful to our relationship with privacy in our changing world, as lifestreaming, Twitter, Facebook and mobile technology rapidly intermingle our public and private selves.

As Norath noted, “we’re all leaving trails of data…email, every time we comment, when we go through FastLane, when we go shopping. Some we’re aware of, some we’re not. There’s a growing shadow behind us.

The privacy panel recognized that the data trails left by teens online may be particularly meaningful for future employment or educational opportunities. Is acting out on Facebook a way of showing off imperviousness?

Nerad noted just how how persistent data is. In reply, @zittrain suggested declaring “reputational bankruptcy” at 18. Hilarity ensued. Shava suggested extending the age to 25.

Regardless, a “data shadow” is a useful metaphor for these data trails that accompany our online activity, especially when combined with the work of the Sunlight Foundation and Watchdog.net, the “good government site with teeth” project started by Swartz. It’s safe to say that we’re all watching each other now. Adding to the lighthearted but thoughtful tone of the discussion, @aaronsw recalled the day @EFF‘s Kevin Bankston was caught smoking by Google Street View.

Benjamin Waber noted that with Bluetooth scans on cellphones you might be able to accurately track who might be infected by a disease. As Zittrain quipped on one case, referring to swine flu, you could even epidemiologically trace it back to “Pig Zero.”

Waber makes the comparison to the membership cards offered by Shaws that enable consumers to receive discounts in return for registering. “If we owned our Bluetooth data, could we sell it? You get something for your data, for giving up your purchasing patterns. If your cellphone distributed certain information, would you be willing to trade it?”

The panel took note of the cultural differences between Japan and the U.S. with regards to @Google Street View. Protections around privacy and awareness of the impact of mobile video on it are greater there, perhaps by virtue of the technological edge that exists with Japanese society. Does greater tech penetration result in greater awareness of privacy issues? An Aussie in the audience notes that this privacy discussion appeared to be predicated by being held in the U.S. “When you’re a net importer of culture, you’re used to skirting around things.”

sociometer

sociometer

In Waber’s case, certainly, one would have to note that the privacy discussion is both academic and our in the real world. He passed around the “sociometer” that Waber and others are using to conduct research with at the Media Lab. Zittrain quipped that it “reminds me of an alithiometer” — a reference to Pullman’s “His Dark Materials” epic fantasy trilogy. This geek guffawed. To be fair,  in many ways, this device is downright magical, at least when its simple form factor is compared to its function. A sociometer is a wearable sensor package for measuring face-to-face interactions between people.

Afterwards, I was lucky enough to go out for Chinese with the panelists , where@zittrain further moderated a “roundtable” on the potential for malicious use of@Amazon‘s Mechanical Turk. @aaronsw @bwaber and @zephyrteachout and others contributed to a vigorous discussion of Google’s role in privacy, dominance of search and the role of citizens and law in encouraging more transparent government and corporate practices.

There’s more on electronic privacy and online governance at the Complexity and Social Networks Blog at Harvard and some thoughtful comments on the event page on Facebook.

Readers interested in privacy may also find WeLiveInPublicTheMovie.com of interest.

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“Massachusetts Senate seeks to amend, weaken data protection law” [new article]

We had to respond to a bit of a curveball this morning on the Mass. data protection law. A MA Senate Bill significantly alters certain provisions. I reported on it today and will be reviewing it further tomorrow.

Massachusetts Senate seeks to amend, weaken, data protection law
13 May 2009 | SearchCompliance.com

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Use RE for @replies on Twitter

Biz Stone
Image by DNSF David Newman via Flickr

There’s a bonafide Twitterstorm on today after a post from Twitter co-founder @Biz Stone indicated that the service would be changing the way it handled @replies. Just check out #fixreplies.

Here’s what @Biz posted to the Twitter blog yesterday:

Small Settings Update

We’ve updated the Notices section of Settings to better reflect how folks are using Twitter regarding replies. Based on usage patterns and feedback, we’ve learned most people want to see when someone they follow replies to another person they follow—it’s a good way to stay in the loop. However, receiving one-sided fragments via replies sent to folks you don’t follow in your timeline is undesirable. Today’s update removes this undesirable and confusing option.

The Importance of Discovery

Spotting new folks in tweets is an interesting way to check out new profiles and find new people to follow. Despite this update, you’ll still see mentions or references linking to people you don’t follow. For example, you’ll continue to see, “Ev meeting with @biz about work stuff” even if you don’t follow @biz. We’ll be introducing better ways to discover and follow interesting accounts as we release more features in this space.

And here’s what he followed up with after today’s tweetstorm

Whoa, Feedback!

We’re getting a ton of extremely useful feedback about yesterday’s update to Settings. The engineering team reminded me that there were serious technical reasons why that setting had to go or be entirely rebuilt—it wouldn’t have lasted long even if we thought it was the best thing ever. Nevertheless, it’s amazing to wake up and see all the tweets about this change.

We’re hearing your feedback and reading through it all. One of the strongest signals is that folks were using this setting to discover and follow new and interesting accounts—this is something we absolutely want to support. Our product, design, user experience, and technical teams have started brainstorming a way to surface a new, scalable way to address this need.

Please stay tuned and thank you again for all the feedback.

Talk about real-time feedback and response! I’d like to hear more about the technical reasons behind the change.

In the meantime, however, I’d like to propose a simple fix to the Twitter community to preserve the “cocktail party effect” whereby you can catch snippets of interesting conversations and then tune into them and their participants:

Add RE to the beginning of your tweets in front of a given username.

Since, as Laura “@pistachio” Fitton pointed out this morning, @replies were a community generated convention, it’s quite straightforward to continue that practice and introduce a way of indicating to everyone that you are are @replying to someone.

RE = reply to.

At some point, stats wizards can pull out who gets the most RE @ them, just like they have analyzed the RT (retweet). In the meantime, this will “surface” a person for everyone. And, since Twitter and other clients automatically now default to “@mentions” instead of direct replies, we can keep on chatting.

RE is all of two characters to add, plus a space. Yes, 3 spaces out of 140 is a bit dear, but in this writer’s opinion they are worth adding to buck the filter.  I’ve posted a comment on the Top 15 Twitter Acronyms to add RE to the list. I hope that RE catches on, as I’d really miss those snippets of conversation.

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Video: A vision of the future from Microsoft Labs

Video: Future Vision Montage

The president of Microsoft‘s business division, Stephen Elop, showcased a video from Microsoft Office Labs at the recent Wharton Business Technology Conference. The five-minute long video more than hints at what Microsoft imagines mainstream information technology will look like in 2019. Pure awesomeness. Saw it in March and publishing it now ’cause it’s still worth viewing if someone happened to miss it.

[via TechTree.com]

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Compliance, security and transparency in the cloud [new article]

Torre Mare Nostrum / Torre Gas Natural
Image by jsprhrmsn via Flickr

I’m still working my way through RSA coverage. This article, focused on a panel of cloud providers at RSA,  emerged an editor’s scalpel stripped to its core. Many questions remain — but that’s for later pieces.

Cloud computing providers debate compliance, security and transparency
30 Apr 2009 | SearchCompliance.com

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Biometrics, privacy and compliance [new article]

biometric birthday
Image by striatic via Flickr

It was deeply satisfying to see the piece on biometrics I’ve been working on go live today. It turned out well, especially with the usual polish that my brilliant copy editor put on the prose, formatting and pull quote.

Biometric security data adds layer of privacy compliance risk
30 Apr 2009 | SearchCompliance.com

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