The new “augmented reality” game Pokemon Go has in a few days more downloads than Tindr. Perhaps the age range of the players is wider.

In any event, to augment your reality, the makers (a spinoff from Google) want a LOT of personal information. TechCrunch has the story, or one version of it. Is the reason that the game is not yet available in Canada our privacy laws, notably PIPEDA, which requires (as well as informed consent) that the collection, use and disclosure of PII be reasonable? Can the game maker justify the extent of the information collected by . . . [more]

[Necessary disclosure: My company Stem Legal has been working with Loom Analytics for several months now during their beta period. It’s a relationship I’m proud to showcase, but also one we are compensated for.]

Today is an exciting day for Loom Analytics. One of the country’s most interesting legal tech startups has officially closed its beta phase and has opened up registration to legal consumers. Less than 18 months after the Loom team first started working on the idea of a Canadian legal analytics tool, the company (whom you may recall from a Slaw Vendor Quiz earlier this year) . . . [more]

The following warning was issued by Lawyers Mutual of North Carolina. We haven’t had any reports of this in Ontario yet, but lawyers should always be alert to phishing scams that try to trick them into opening an attachment or clicking a link that could instal malware.

There is a new phishing scam targeting bar members across the country. The fraudulent email pretends to be a communication from the State Bar or Bar Association.

There are several versions of this scam. The most common are: “[state] Bar Complaint,” “[state] Bar Association Past Due Notice,” and “Lawyers and judges may now . . . [more]

“Several were almost tharn—that is, in that state of staring, glazed paralysis that comes over terrified or exhausted rabbits, so that they sit and watch their enemies—weasels or humans—approach to take their lives.”
– Richard Adams, Watership Down

Go to enough legal tech conference sessions and you’ll eventually catch the fear. It may start with a shocking statistic or factoid —”80% of big law firms have been targets of hackers” or “The FBI unofficially recommends paying the cryptovirus ransom”— and it will escalate quickly into a litany of sinister sounding jargon and neologisms.

Phishing scams. Botnet zombie armies. Malvertising. Heartbleed. . . . [more]

♫ Lend me your ears and I’ll sing you a song
And I’ll try not to sing out of key
Oh I get by with a little help from my friends…♫

Lyrics and music by John Lennon and Paul McCartney, recorded by The Beatles.

On Thursday April 14 between 1-3 pm pacific time, a world-first happened. Chief Judge Crabtree of the British Columbia Provincial Court hosted a Twitter Town Hall. Ian Mulgrew of the Vancouver Sun wrote about it: “Chief Judge hashes issues out on Twitter for first time.” The Canadian Bar Association – BC Branch storified . . . [more]

Given the opportunity, what would you ask the Chief Judge of a Canadian court?

In what is certainly a Canadian-first, Chief Judge Crabtree of the BC Provincial Court hosting a live Twitter Town Hall on BC Law Day, April 14, 2016 from 1-3pm Pacific Time.

Tweet your questions to #AskChiefJudge and follow the hashtag.

A new standard of engagement

While certainly unique, this effort seems a natural progression from the offline and online work this particular court has done to engage with the legal community and public at large.

The B.C. legal community will be very familiar with the extensive . . . [more]

There have been a number of things written lately about lawyers and technology indicating that this conversation has begun to emerge.

Here are a few selections that have crossed my screen over the last couple of months:

• Bennion, Jeff. 2016. ‘Debunking 3 Legal Technology Myths’. Above the Law. Accessed March 31. http://abovethelaw.com/2016/02/debunking-3-legal-technology-myths/.
  • “Lately, I’ve talked to a lot of people who have some misconceptions about what it means to be a tech-friendly law office.”
• Casanovas, Pompeu, Monica Palmirani, Silvio Peroni, Tom van Engers, and Fabio Vitali. 2016. ‘Semantic Web for the Legal Domain: The next Step’. Edited by Pompeu

Like the local bank, your practice holds valuable information and money. Your computer systems may contain client information, trade secrets, and intellectual property. Your trust accounts have large sums of money. A cyber breach or trust account theft will harm your clients and potentially cripple your practice. Security guards, specialized safes, and sophisticated procedures protect the local bank. What safeguards have you put in place for your practice?

Perceived to be less sophisticated than banks and big companies, lawyers make easy targets for tech-savvy criminals. The payoff, which can include emptying trust accounts and taking advantage of confidential information, is . . . [more]

The Office of the Information and Privacy Commissioner of Alberta has developed guidelines to assist public bodies, health custodians and private organizations with preventing and responding to ransomware cyberattacks. The Advisory published in March 2016 in PDF can be downloaded here.

According to most information technology experts, antivirus vendors and security professionals, “Ransomware” is considered a type of malicious software designed to block access to a computer system and files until a sum of money is paid within a certain deadline, to an unknown party. The sum of money to be paid varies from as little as $25 to . . . [more]

Here’s a comment by Eric Goldman of Santa Clara law school on a California court of appeals case, refusing to validate an arbitration clause in a ‘browsewrap’ format – i.e. a link to ‘terms of use’ with no requirement of the contracting party to acknowledge them.

Are such clauses enforced in Canada, except to prevent obvious dishonest behaviour as in Sutton Realty in Quebec or the similar BC case, Century 21 v Rogers Communications, about scraping real estate listings off an MLS site? (See par 92ff of that decision). Why should they be?

The ULCC published a study of them . . . [more]

By now, most lawyers are familiar with phishing attacks. For those who are not, phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an email. They take the form of a message, allegedly from your bank or an online retailer you deal with, that suggests your account has been compromised or that payment is overdue. Phishing scams are usually bulk emails sent to large numbers of people.

Even if only two or three per cent of recipients fall for them, hundreds or even thousands of people . . . [more]

The determination and energy of hackers knows no bounds. They show remarkable imagination and ingenuity in coming up with ever more devious ways to steal trust funds by duping lawyers.

As an example of this, we have recently seen several instances where a fraudster hacked into a client’s email with the intent to divert funds coming out of a lawyer’s trust account. After gaining access to the client’s email account, the hacker surreptitiously monitors emails going back and forth between the lawyer and the client.

At the opportune time, usually just before a real estate deal is closing or the . . . [more]