Over the past decade, many commentators, myself included, have argued that lawyers should have a duty of technological competence. This duty now exists: in October 2019, the Federation of Law Societies of Canada amended its Model Code rule on competence to include explicit reference to technological competence. Several provincial and territorial law societies have incorporated this amendment into their respective codes, and more will hopefully soon follow suit.

The fact that there now exists a formal duty of technological competence raises the question of what, exactly, does this duty entail? What does this duty require from lawyers? In a strict . . . [more]

Virtual private networks (VPN) are very standard these days. But they are riddled with vulnerabilities – and subject to a “man in the middle attack.” They have wreaked havoc in 2020 in a work-from-home environment.

Enter zero trust network access (ZTNA).

An October 2020 Forrester study (commissioned by Cloudflare) offered some key findings.

Working from home compelled firms to transform how they operated in the cloud. However, 80% of the IT decision-makers interviewed said their companies were unprepared to make the transformation. Existing IT practices made it difficult to support employee productivity without security compromises.

As a result, 76% of . . . [more]

I’m no palaeontologist, but being the father of a 7-year-old boy, I talk about dinosaurs more than the average human. My son doesn’t necessarily have that of a great interest in our prehistoric friends themselves, but his thirst for knowledge about the circumstances of their disappearance is seemingly insatiable.

Those father-son discussions about the extinction of dinosaurs led me down a Wikipedia rabbit hole only to discover the existence of such a thing as the Cretaceous–Paleogene boundary. This boundary is a line of dark dust with high concentrations of iridium, which, according to the leading hypothesis, came from the . . . [more]

In March 2020, the Covid-19 pandemic changed our legal world the way no one could have imagined. Our courthouse went from a beehive of litigation activities to a silent graveyard. Practice directives containing emergency measures were issued and activated to deal with the change. Our civil litigation system that historically relied on an in-person process to undertake almost every task – from the filling and service of litigation documents to routine chambers applications and trials – suddenly moved to the online world built on technologies.

The legal profession was forced to adopt technologies to address administration and litigation needs at . . . [more]

Recidivism risk assessment is the process of determining the likelihood that an accused, convicted, or incarcerated persons will reoffend. The process is aimed at assisting in the determination of the appropriate limitation on the freedom of the subject. With innovation in technology especially in the area of artificial intelligence (AI), recidivism risk assessment tools built on AI technology are now well-developed and used in the criminal justice system. Algorithmic tools are increasingly being used in the Canadian criminal justice system in pre-trial, sentencing, and post-sentencing phases in predicting the future criminal behaviour of accused, convicted, or incarcerated persons. The increasing . . . [more]

Those of you of a certain age will remember the song “What Kind of Fool Am I?” That song was about love, but for Pete’s sake, why is it that some lawyers keep insisting that they won’t use MFA (multi-factor authentication)?

Thanks to our good friend Ben Schorr (who works at Microsoft) for sending us an August 7 Microsoft update on why multi-factor authentication is so critical. It is short, sweet and should be read by anyone who has resisted multi-factor authentication (and there’s a lot of you!).

From the post:

“When you sign into your online accounts –

The concept of smart contracts has been around since the 1990s. The basic idea is that contracting parties would reflect some part of their obligations in computer code. This code would be able to recognize (or be told) when conditions for action had been met, or not, and then perform the obligations (execute the contract) or impose penalties for failure to meet the conditions.

This seemed to promise significant reduction in transaction costs, notably of monitoring to see if conditions were satisfied and of execution of the obligations. (Other transaction costs of business, like finding potential deals and negotiating their . . . [more]

One of the first instances of recorded law we are aware of is the Code of Hammurabi. It was literally etched in stone. If you read about it, what strikes you is how little has changed about how we record laws in roughly 3700 years. We learned to put laws on parchment. Then paper. Then typesetting, and photocopying. Eventually, we began to digitize images of the pieces of paper on which the law was written. But all of these were just different ways of recording the etchings in the stone so people could use them.

While significant progress has . . . [more]

There continues to be extensive discussion about artificial intelligence and law, and concerns are regularly raised about the ethical and moral issues this presents, so I was happy when Marcelo Rodríguez invited me to be on a panel at the American Association of Law Libraries Conference on “Legal Ethics in the Use of Artificial Intelligence” with Kristin Johnson, Steven Lastres, and with Kim Nayyer moderating this year. Here’s the session description:

There is a pressing need for both innovators creating the datasets as well as users such as law librarians and attorneys to be aware of the ethical implications of . . . [more]

The year 2020 will be remembered as the year that lawyers were catapulted into the future. As a result of COVID-19, the majority of law firms suddenly found themselves thrust into a work-from-home (WFH) environment. Some were prepared for working remotely, but many were not. We’ve helped a lot of lawyers transition to a different working environment by providing training and implementing new technologies in their practice. Along the way, we’ve learned some things about how lawyers have responded to the pandemic. Here are ten cybersecurity lessons we’ve learned about WFH.

1. Home networks are 3.5 times more likely to have

My most recent column for Slaw.ca, Mutual Recognition of Methods of Authentication, completed ten full years of bimonthly columns here on any technology topic I chose to write about. This time I will dip into some of the highlights to see if there has been any progress, theoretical, practical or personal, on them. I have also published numerous occasional pieces here over that period and before, usually also on technology.

Technology

My first column, in 2010, was on Robot Law. Some of the concerns discussed there – such as the capacity of robots to have an autonomous legal . . . [more]

I recently completed Harvard’s CS50: Introduction to Computer Science, offered online though edX. Given my role as a Legal Tech and Innovation Specialist, I work with a lot of technology. Gaining a deeper understanding of computer science seemed like an enjoyable side-project. I was partially correct.

(Sample code from one of my projects)

While learning about concepts like data structures, memory, and arrays is incredibly helpful, I was not prepared for how challenging it would be to apply these concepts into workable programs. Things that programmers can do without effort took me hours: iterating across a linked list of . . . [more]