Verizon to publish data on phone records requests

WASHINGTON — Verizon Communications Inc. says it will publish information on the number of requests for customer records it received from law enforcement agencies this year.

The announcement Thursday from the country's largest cellphone carrier comes as debate over data-gathering by the National Security Agency intensifies in Washington. The NSA's collection of hundreds of millions of Americans' phone records under secret court order was revealed in June in documents leaked by former NSA contractor Edward Snowden.

Verizon says it will publish its report online early next year and update it twice a year.

The report will provide the total number of law-enforcement agency requests Verizon received in criminal cases, the company said. In addition, it will break that data into categories including subpoenas, court orders and warrants. Verizon said it also will provide other details about the requests for customer data.

"The aim of our transparency report is to keep our customers informed about government requests for their data and how we respond to those requests," Randal Milch, Verizon's executive vice president for public policy, said in a statement.

Several major Internet companies, including Google, Microsoft, Apple, Facebook and Yahoo publish periodic reports disclosing the number of requests from federal agencies and local police departments for personal data, which cover such things as email communications.

The reports don't provide specifics about the number of orders that the companies receive through the secret court set up under the Foreign Intelligence Surveillance Act to fight terrorism.

A presidential advisory panel this week recommended sweeping changes to the surveillance programs. Those include limiting the bulk collection of phone records by stripping the NSA of its ability to store that data in its own facilities. Instead, the data would be required to be held by the phone companies or a third party.

Major shareholders of Verizon and rival AT&T Inc. demanded last month that the companies disclose their dealings with the NSA. AT&T responded in a letter to the Securities and Exchange Commission that it isn't required to disclose to shareholders what it does with customers' data. AT&T said it protects customer information and complies with government requests for records "only to the extent required by law."

Asked about Verizon's announcement Thursday and whether AT&T may be considering similar action, AT&T spokesman Mark Siegel said, "While we have disclosed a lot of information in this area, we are always exploring ways to do more."

Nicole Ozer, technology and civil liberties policy director at the ACLU of Northern California, said "shareholder and consumer pressure made the difference" in Verizon's move.

"Verizon realized that it needed to break its silence and publish a transparency report," Ozer said. "We deserve to know when our information is being handed over to the government, and now it is time for AT&T to break its silence, stop opposing the shareholder proposals and agree to release a transparency report of its own."

An opinion from the secret Foreign Intelligence Surveillance Court, which was declassified in September, said no company that has received an order to turn over bulk phone records has challenged the directive.

The opinion by Judge Claire Eagan spelled out her reasons for reauthorizing the NSA phone records collection for three months. Eagan concluded that the bulk collection of phone records does not violate the Constitution's Fourth Amendment, which prohibits unreasonable search and seizure.

But a federal judge in Washington ruled Monday that the phone records collection is likely unconstitutional, calling the operation "Orwellian" in scale. The government is expected to appeal the decision by U.S. District Court Judge Richard Leon, who put his ruling on hold "in light of the significant national security interests at stake in this case and the novelty of the constitutional issues."

The Obama administration has defended the program as a crucial tool against terrorism. The Supreme Court may well have the last word.

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Stocks pause on Wall Street a day after a surge

NEW YORK — U.S. stock indexes ended up pretty much where they started on Thursday, a day after a powerful surge.

Stocks gained the most in more than two months Wednesday after the Federal Reserve said it would reduce its bond-buying program to $75 billion a month from $85 billion. Investors saw the decision as a vote of confidence in the economy.

"It's good for the economy, and it's good for the market, to start standing on its own two feet," said Natalie Trunow, chief investment officer for stocks at Calvert Investments.

Financial markets were still digesting the Fed's move on Thursday. While stocks were holding close to record levels, Treasury yields climbed, the dollar rose and gold slumped to its lowest in more than three years.

Major U.S. stock indexes started the day lower, moved gradually higher throughout the day and closed essentially flat.

The Standard & Poor's 500 index fell 1.05 points, or 0.06 percent, to 1,809.60. The Dow Jones industrial average rose 11.11 points, or 0.07 percent, to 16,179.08. It rose 293 points the day before. The Nasdaq composite fell 11.93 points, or 0.3 percent, to 4,058.13.

Target fell $1.40, or 2.2 percent, to $62.15 after the company said that about 40 million credit and debit card accounts may have been compromised by a data breach that happened just as shoppers flooded into stores for Black Friday, the day after Thanksgiving.

Facebook declined 52 cents, or 0.9 percent, to $55.05 after the company said it will sell 70 million shares, more than half of them from CEO Mark Zuckerberg.

The S&P 500 is up 0.2 percent for the month after moving into the green for the first time in December on Wednesday. If the gains hold, the index will have advanced for 10 of the 12 months this year.

Stock have surged this year as the Fed has kept up its economic stimulus and held down long-term interest rates. Stock prices have also been supported by growing corporate earnings and a gradually strengthening economy.

Investors were happy to get more reassurance Wednesday from the Fed that interest rates would stay low after the bond-buying stimulus was removed, said Eric Weigand, a senior portfolio manager at U.S. Bank.

The moderate pace of the reduction in the Fed's bond purchases was also encouraging. "It was not too hot and not too cold," Weigand said.

In government bond trading, the yield on the 10-year Treasury note rose to 2.93 percent from 2.89 percent late Wednesday. The yield climbs when bond prices fall. Demand for bonds was lower Thursday as traders anticipated less buying from the Fed.

The rise in yields also hit the stocks of power companies.

Utilities companies fell the most of the 10 industry sectors that make up the S&P 500. Investors buy utility stocks because they pay big dividends. As bond yields rise, those stocks become less attractive.

The price of gold dropped $41.40, or 3.4 percent, to close at $1,193.60 an ounce. Gold hadn't settled below $1,200 an ounce in more than three years.

Investors are dumping their holdings of gold because interest rates are rising and the dollar is gaining after the Fed said it would pare back its bond purchases. Traders are selling gold because they see less risk of inflation from the Fed's stimulus program.

Among other stocks making big moves:

— Oracle jumped $2, or 6 percent, $36.60 after its earnings beat Wall Street forecasts. The business software maker earned $2.55 billion, or 56 cents per share. Revenue rose 2 percent to $9.28 billion from $9.09 billion.

— Darden Restaurants slumped $1.90, or 4 percent, to $51.02 after the restaurant company said it will spin off its Red Lobster chain and not open any new Olive Gardens.

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Target security breach affects up to 40M cards

Target's data-security nightmare threatens to drive off holiday shoppers during the company's busiest time of year.

The nation's second-largest discounter acknowledged Thursday that data connected to about 40 million credit and debit card accounts was stolen as part of a breach that began over the Thanksgiving weekend.

The theft marks the second-largest credit card breach in U.S. history, exceeded only by a scam that began in 2005 involving retailer TJX Cos. and affected at least 45.7 million card users.

Target's disclosure came a day after reports that the company was investigating a breach.

Customers who made purchases by swiping their cards at its U.S. stores between Nov. 27 and Dec. 15 may have had their accounts exposed. The stolen data included customer names, credit and debit card numbers, card expiration dates and the embedded code on the magnetic strip on back of the card, Target said.

There was no indication that the three- or four-digit security numbers visible on the back of the card were affected.

The data breach did not affect online purchases, the company said.

Target has not disclosed exactly how the breach occurred but said it has fixed the problem.

Large companies spend millions of dollars each year on credit-card security measures. Given the company's heavy security, the theft may have been an inside job, said Avivah Litan, a security analyst with Gartner Research.

"The fact this breach can happen with all of their security in place is really alarming," Litan said.

Jason Oxman, CEO of the Electronics Transaction Association, which represents the payments technology industry, said past data breaches have been "heavily organized and sophisticated."

Last year, global credit and debit card fraud losses reached $11.27 billion, up 11. 4 percent over the previous year, according to The Nilson Report, which tracks global payments. And while credit and debit card fraud has been on the rise, it's because the overall payment industry has expanded. In fact, Nilson's publisher David Robertson said credit and debit card fraud still accounts for less than 6 cents of every $100 spent.

Target, which has almost 1,800 stores in the U.S. and 124 in Canada, said it immediately told authorities and financial institutions once it became aware of the breach on Dec. 15. The company is teaming with a third-party forensics firm to investigate and prevent future problems.

The credit card breach poses a serious problem and threatens to scare away shoppers who worry about the safety of their personal data.

"This is close to the worst time to have it happen," said Jeremy Robinson-Leon, a principal at Group Gordon, a corporate and crisis public relations firm. "If I am a Target customer, I think I would be much more likely to go to a competitor over the next few days, rather than risk the potential to have my information be compromised."

Target advised customers Thursday to check their statements carefully. Those who see suspicious charges on the cards should report it to their credit card companies and call Target at 866-852-8680. Cases of identity theft can also be reported to law enforcement or the Federal Trade Commission.

"Target's first priority is preserving the trust of our guests, and we have moved swiftly to address this issue, so guests can shop with confidence," Chairman, President and CEO Gregg Steinhafel said Thursday in a statement.

Many displeased customers left angry comments on the company's Facebook page. Some threatened to stop shopping at the store. Many complained they could not get through to the call center and could not get on Target's branded credit card website. The company apologized and said it was "working hard" to resolve the issue and adding more workers to field calls and fix website issues.

Christopher Browning, of Chesterfield, Va., said he was the victim of credit card fraud earlier this week and believes it was tied to a purchase he made at Target with his Visa card on Black Friday. When he called Visa on Thursday, the card issuer could not confirm his suspicions. He said he has not been able to get through to Target's call center.

On Monday, Browning received a call from his bank's anti-fraud unit saying that there were two attempts to use his credit card in California — one at a casino in Tracey, Calif., for $8,000 and the other at a casino in Pacheco, for $3,000. Both occurred on Sunday and both were denied. He canceled his credit card and plans to use cash.

"I won't shop at Target again until the people behind this theft are caught or the reasons for the breach are identified and fixed," he said.

Brianna Byrnes, of Kansas City, Mo., a student at the University of Missouri-Kansas City and a call center worker, said she made a Target purchase during the affected period. The situation made her "a little bit" nervous, but she still planned to shop for toys at the store.

"I've never had anyone steal my identity. I guess it's taking a risk."

Target's stock dropped more than 2 percent, or $1.40, to $62.15 on Thursday.

The incident is particularly troublesome for Target because it has used its store-branded credit and debit cards as a marketing tool to attract shoppers with a 5 percent discount.

During an earnings call in November, the company said some 20 percent of store customers as of October have the Target-branded cards. In fact, households that activate a Target-branded card have increased their spending at the store by about 50 percent on average, the company said.

"This is how Target is getting more customers in the stores," said Brian Sozzi, CEO and Chief Equities Strategist. "It's telling people to use the card. It's been a big win. If they lose that trust, that person goes to Wal-Mart."

TJX Cos., which runs stores such as T.J. Maxx and Marshall's, had a breach that began in July 2005 and exposed at least 45.7 million credit and debit cards to possible fraud. The breach was not detected until December 2006.

Without anyone noticing, one or more intruders installed code on the discount retailer's systems to methodically collect and transmit account data from millions of cards.

In 2009, TJX agreed to pay $9.75 million in a settlement with multiple states.

In 2011, an even larger hack hit Sony, which had to rebuild trust among PlayStation Network gamers after hackers compromised personal information, including credit card data, on more than 100 million user accounts.

Litan doubts the breach will have much effect on Target's sales, noting that TJX launched sales promotions immediately following the news of its breach. The promotions increased sales.

"People care more about discounts than security," Litan said.

___

Associated Press writers Michelle Chapman in New York and Heather Hollingsworth in Kansas City, Mo., contributed to this report.

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Anti-Koch activists post T bus-stop ads

Environmental activists are launching a new wave of protests against conservative billionaire and WGBH board bigwig David Koch, sponsoring ads at MBTA bus stops with his image and the station's logo calling for his ouster.

"We've discovered that as locals are learning about David Koch's connection to WGBH, their first reaction is one of shock and their second reaction is one of disgust," said Emily Southard, campaign manager for Forecast the Facts. "We are disappointed that WGBH has resisted our calls to kick Koch off the board. That's why we're ... taking it to the local community."

The ads read "Boston: We have a Koch problem," and are located at Harvard University, near Charles River Ventures, Ruggles Station, and Massachusetts Avenue in Cambridge by MIT.

The ads cost about $2,400, she said. The group has received about $5,000 in donations since launching its Koch protests.

"This has probably been one of our most successful fundraisers for Forecast the Facts," said Southard.

The group — including a sign-waiving Elmo — protested outside the WGBH Brighton studios in October and urged trustees to kick Koch off their board.

WGBH spokesman Michael Raia told the Herald that Koch and other board members do not influence programming and that Koch is staying put.

"Nothing has changed with the board," said Raia. "We welcome the diversity of opinions and we appreciated the time Forecast the Facts took. We heard them. The board plans no action."

A spokeswoman for Koch said, "Mr. Koch has never interfered with or tried to influence WGBH's programming decisions and he has no intention to resign from the WGBH board."

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Lost piece of Chinatown to rise again

In the 1950s, Paul Lee's family was forced to leave a stretch of Hudson Street that was demolished to build the Southeast Expressway.

Lee, now board chairman of the Asian Community Development Corp., recalled that the block "was full of Chinese families out on the stoops."

"My dad worked in a local restaurant and my mom in a local garment factory," Lee said. "It was a real neighborhood where people looked out for one another."

Now ACDC and joint venture partner New Boston have broken ground on a residential development on that same block, known as Parcel 24, that will bring 50 affordable condos and 95 affordable apartments to a 362-unit complex called One Greenway, which sits at the end of the mile-long swath on top of the Big Dig tunnel.

"We saw it as a time to bring this site back as part of Chinatown that was lost so many years ago," said ACDC Executive Director Janelle Chan.

With many developers saying that luxury housing is the only option in central Boston because of land and construction costs, the developers of One Greenway are out to prove that a project that has a significant amount of affordable housing — 40 percent — can be financially feasible.

The state Department of Transportation controls the long, narrow 64,000-square-foot lot, and awarded the site in 2008, later signing a 99-year ground lease with the developers.

"It helped that the ground lease only charges for the market-rate units," said Sean Sacks, vice president of development for New Boston, which brought its experience in mixed-income development and its commitment to affordable housing in its $190 million Urban Strategy America Fund.

"This is a great opportunity for us and our investors as well, but to do this sort of project requires a commitment," said Sacks, who said that New Boston has been on board since 2005. "It takes more patient money with a triple bottom-line mission."

The complex project has taken many years to develop and finance, but One Gateway was able to get more than $10 million from state and city programs, including city linkage funds.

The first phase, opening in summer 2015, will include a 21-story tower fronting on Kneeland Street with 217 market-rate apartments, and rents ranging from $2,500 for a studio up to $5,500 for a three-bedroom. The units will have all the amenities young professionals are looking for, including a skydeck with city views, a gym and fitness studio.

For the developers, it's not luxury versus affordability.

"We need the market-rate apartments to be successful because these and the affordable component are dependent on one another," Chan said.

The 95 affordable apartments will be in a connected 10-story building, also part of the first phase, and those making less than 50 percent of Boston's area median income will pay about $866 for a one-bedroom, Chan says. Some of the units will be reserved for very low-income and even formerly homeless people, who will pay no more than $531 a month for a one-bedroom. The maximum for a two-bedroom will be around $1,275, with those making 50 percent of the median paying about $1,063.

The second phase of the project, the 50 affordable condominiums, will be farther down Hudson Street in a six-story building, separated from the apartments by a one-third-acre park — much needed green space in this dense neighborhood.

The average two-bedroom condo is expected to cost about $200,000 for those who meet the income guidelines, and will be chosen by lottery.

The affordable condos, scheduled to be finished in summer 2016, are being designed with families in mind, with many three-bedroom units.

"There are very few opportunities for family-sized, affordable ownership here," Chan said.

She said ACDC's mission is also to ensure that Chinatown continues to be a gateway community for new immigrants.

"We know we have to build, not just preserve," said Chan. "The neighborhood has to grow so it doesn't become a ghost of itself as other citys' Chinatowns have. New immigrants bring new life."

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AG targets chain after data breach

Hackers targeting Target Corp. hit the bull's eye, but the nation's second largest discounter said it has resolved a security breach that gave cyber-criminals access to the credit and debit card information of some 40 million customers during the busiest shopping period of the year.

The U.S. Secret Service and state Attorney General Martha Coakley yesterday said they're investigating the breach — believed to be the second largest in U.S. history and which 
Reuters tied to hackers hitting Target's terminals that customers use to swipe the magnetic strips on their credit and debit cards.

The breach left vulnerable customer names, credit and debit card numbers, and the cards' expiration dates and security codes from purchases made Nov. 27 to Dec. 15 at Target's 1,700 U.S. stores.

"We have moved swiftly to address this issue, so guests can shop with confidence," CEO Gregg Steinhafel said in a statement.

Target said it notified authorities and financial institutions when it discovered the breach. But, citing the investigation, spokeswoman Katie Boylan declined to confirm how the information was accessed, when Target discovered the problem and how many customers already reported being victimized.

The breach is likely to get the attention of the Federal Trade Commission and class-action lawyers, said Chris Zoladz of Navigate LLC, a Maryland information protection and privacy advisory firm. "If this breach is as large as it has been reported to be, there had to be a fairly substantial failure in some internal control," he said.

In 2009, TJX Cos., the Framingham owner of T.J. Maxx and Marshalls, agreed to pay $9.75 million and implement a new data security program after a 2005-2006 data breach that affected at least 45.7 million card users.

The Target breach could deter consumers from shopping there in the tail-end of the holiday season.

"For those who shopped during that period, they may think twice about returning in the near-term," said analyst Joseph Feldman of New York's Telsey Advisory Group.

Target customer Heather Tinlin, a victim of credit theft 20 years ago, admitted to panicking and immediately checking her account. "It happens from
time to time, knock on wood, you just have to be careful," she said yesterday at the Target in Dorchester.

Sara Lawson wasn't taking any chances. "I was a little nervous, and I will be paying cash today, just to be on the safe side," she said.

Andrew Blom contributed to this report.

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Robert DeLeo: We’re not changing Mass. gaming law for Wynn

House Speaker Robert DeLeo yesterday said he doesn't think Massachusetts' gaming law should be modified to suit casino operators, as Las Vegas billionaire Steve Wynn suggested this week.

"When we had written the casino law ... we wanted to make sure we kept that balance between the state getting adequate money and the casinos making adequate profits so that they could hopefully build and create more jobs," DeLeo said. "... I'll take a look at any and all requests to make it better. But my feeling is we have a very good law, and I'm not inclined to make any changes to it. I'm pleased with what we have."

The Winthrop Democrat declined to say whether he had met with Wynn or whether he favored Wynn's proposed casino in Everett over Mohegan Sun's Revere proposal at Suffolk Downs.

Michael Weaver, a Wynn spokesman, said in an email yesterday that it "appears that the speaker and Wynn have the same objectives: to benefit the state while creating jobs and successful enterprises."

But DeLeo took issue with Wynn's remarks during a break from a Gaming Commission hearing earlier this week when he suggested the state's 2011 gaming law may need revisiting.

"In our conversations with the state, we're attempting to get issues resolved that will comfort us," Wynn said. "We're expected to make unequivocal commitments — both in the way we do our business, financially, and everything else — to the state of Massachusetts. And we want to make sure that we have the same thing in return."

"Is it the duty of the state to talk about comforting Mr. Wynn or anyone else?" DeLeo said yesterday. "No."

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Bay State’s jobless rate now higher than U.S.

The gap between state and national unemployment rates, once just under 2 percent, has been erased after the Bay State posted higher jobless numbers than the nation yesterday for the first time in six years.

The state unemployment rate for November dipped slightly to 7.1 percent from 7.2 percent the previous month, but the U.S. rate, announced earlier, dropped to 7 percent in November.

"Massachusetts recovered early and more strongly and the rest of the nation is now catching up," said Joanne F. Goldstein, secretary of the Executive Office of Labor and Workforce Development. "We're pleased in the direction we continue to head."

Preliminary estimates show that the Bay State gained 6,500 jobs in November. Still, the state unemployment rate has risen 0.6 percent since April, while nationally the rate has dropped 0.5 percent.

Experts say the reasons for the difference aren't clear, but are likely due to a number of factors, not just the government shutdown and the federal cuts known as sequestration.

"The big question is why and I don't have all the answers there," said Eliot Winer, chief economist for the Northeast Economic Analysis Group and former chief economist for Massachusetts.

Some say it is easy to blame the state's job woes on Washington, D.C., but that may not be fair. The state economy also relies on trade with Europe and Canada, which may also be a factor.

"Attributing everything to the sequester and the shutdown is a little overwrought," said Frank Conte of the Beacon Hill Institute.

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Unemployment rates fall in nearly all US states

WASHINGTON — Unemployment rates fell or were unchanged in all 50 U.S. states in November, evidence that hiring is improving across the country.

The Labor Department said Friday that employers added jobs in 43 states and cut jobs in just seven. California, Texas and Indiana reported the largest job gains.

The lower state unemployment rates are due in part to robust hiring nationwide over the past four months. U.S. employers added an average of 204,000 jobs from August through November, a strong pickup from earlier this year.

The national unemployment rate fell to 7 percent last month, a five-year low.

Still, the decline in state unemployment rates has occurred partly because many people have stopped looking for work. When people who are out of work stop looking for jobs, they're no longer counted as unemployed. The unemployment rate can fall as a result.

For example, North Carolina's unemployment rate fell to 7.4 percent in November from 8 percent in October. But some of that gain occurred because many of those out of work stopped seeking jobs. Employers in North Carolina actually cut 6,500 positions last month.

Nevada and Rhode Island reported the highest unemployment rates: 9 percent each. Nevada's fell from 9.3 percent in October as employers added 9,500 jobs. Rhode Island's declined from 9.2 percent as the state gained 1,400 jobs.

Michigan and Illinois reported the next-highest rates, at 8.8 percent and 8.7 percent, respectively.

North Dakota remained the state with the lowest unemployment rate, at 2.6 percent. South Dakota's rate of 3.6 percent was the second-lowest, followed by Nebraska at 3.7 percent.

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Drugstore chain Walgreen's 1Q profit jumps 68 pct

Walgreen's fiscal first-quarter earnings soared 68 percent as investments in other companies paid off for the nation's largest drugstore chain, but a slowdown in generic drug introductions helped squeeze profitability.

The Deerfield Ill., company said Friday that it booked a total of $376 million in income during the quarter that ended Nov. 30 from its stakes in European health and beauty retailer Alliance Boots and U.S. pharmaceutical wholesaler AmerisourceBergen Corp.

Last year, Walgreen Co. acquired a 45 percent stake in Alliance Boots, which runs the largest drugstore chain in the United Kingdom, and it has an option to buy the rest of the company in 2015. Earlier this year, it also bought an ownership stake in AmerisourceBergen and entered a supply agreement with the company.

Analysts have said they like the potential for growth that these deals give Walgreen, which runs 8,200 drugstores.

Overall, Walgreen earned $695 million, or 72 cents per share, in a fiscal first-quarter performance that matched analyst expectations. That was up from $413 million, or 43 cents per share, a year ago, when the company absorbed Alliance Boots deal charges and took a $24 million hit after Superstorm Sandy forced it to temporarily close hundreds of stores.

Revenue climbed 6 percent to $18.33 billion, while analysts forecast $18.35 billion, according to FactSet.

Walgreen said prescription sales at stores open at least a year jumped 7.2 percent in the quarter, while sales from the front end, or the store areas outside its pharmacy, climbed 2.4 percent. Revenue from established stores is a key indicator of a retailer's health, because it excludes the impact from recently opened or closed stores.

CEO Greg Wasson told analysts during a Friday morning conference call that Walgreen has administered 1.1 million more flu shots than it did last year, despite a slow start to the cough, cold and flu season. He said that will help the company's non-flu vaccine program.

"We continue to see tremendous potential to grow our share of this $7.4 billion market," he said

The drugstore chain's pharmacy business benefited last year from a wave of new generic drugs, which hurt revenue but help profit. The company didn't see the same wave this year and that, along with increased promotions, pushed its profit as a percentage of sales down slightly to 28.1 percent.

"We are continuing to see a value-conscious consumer and the impact of a soft economy," Wasson said.

He said the company hopes to make better use in future promotions of information it gets on customer buying habits from its Balance Rewards program, which Walgreen started last year. The customer loyalty program allows shoppers to gain points at both Walgreen and Duane Reade stores and for online purchases that translate into cash rewards they can then use at the stores.

Walgreen shares climbed 50 cents to $57.44 Friday morning while the Standard & Poor's 500 index also rose slightly. The stock was up 54 percent so far this year through Thursday.

The shares have set new all-time high prices several times in 2013, according to FactSet.

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