Interconnected computers – computers that talk to each other – are no longer a novelty. These days, one is more inclined to be surprised by an electronic device, or even an electrical device, that is not part of a network.

We looked at some legal implications of interconnections a few years back. Here are several more, roughly divided into issues about privacy and security (which tend to overlap). Feel free to add others in a comment.

PRIVACY

By definition, interconnected devices communicate information about themselves or their environment, or both, to other devices. That information can and usually . . . [more]

Not long ago, the US Supreme Court opined in Riley v. California:

Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life.

Riley involved evidence of serious criminal activity (gang shootings, drugs, firearms, etc.).

Notwithstanding this, SCOTUS decried warrantless cell phone searches and laid the groundwork for its conclusion that, in laypersons’ terms, snooping through someone’s cell phone is not just rude… it has become an extraordinarily intrusive act. The Court underscores that these devices contain a “digital record of nearly every . . . [more]

When I suggested ten years ago that email would become the principal means by which clients and lawyers would communicate, many people suggested I was dangerous, that I was possibly insane, that I should not be allowed to speak in public, and that I certainly did not understand anything about security or confidentiality but [email] technology and many other emerging technologies have now firmly taken hold.[1]

So much has changed in a relatively short period of time when it comes to our use of technology in delivering legal services. As noted by Richard Susskind above, the use of email . . . [more]

If you care about solicitor-client privilege, travel to the US and use computing technology, then read this:

By its own admission, US border protection conducted five-times as many electronic media searches in a single year—4,764 in 2015 to 23,877 in 2016.

Yup. That’s 500% more cause for anyone travelling to the US to be concerned. Should Canadian lawyers be cautious too? Yes.

America’s digital rights sentinel, Electronic Frontier Foundation, just released its 2017 reboot to its guide for mitigating risks to digital privacy when travelling to the US. The newly minted guide (last revised in 2011) is titled “Digital . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Trust Accounting in One Hour for Lawyers

© 2017 American Bar Association. All rights reserved.

Slaw readers can receive a 10% discount on purchase of this book. Use the discount code TAOH17 at checkout; this offer is valid from 1/26 – 4/26.

Sheila M. Blackford (@sheilablackford) is a Practice Management Advisor . . . [more]

Since its inception, the Cyberjustice Laboratory has studied every element and step of the legal process to see if and when technology could be used to facilitate, enhance, or even streamline procedures and, therefore, make the system more accessible and efficient. We are well aware that efficiency is often misconstrued as a “bad word” within the context of the legal system since (especially in criminal proceedings) cutting corners to speed up the process could have disastrous effects. However, managing resources and staff in a more efficient manner, while positively affecting delays, has little to do with the integrity of the . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Technology

Passwords – as Painless as Possible
Law Society of Saskatchewan Library

Passwords are a necessary evil if you use a computer and the Internet for almost anything these days. A typical user has to remember 19 passwords on average, and a whopping 80% of us use the same password for multiple online accounts. …

Research & Writing

Comma Conundrums
Neil Guthrie

The humble comma seems to baffle many. Space . . . [more]

People are inherently lazy. After all, why do something today that you can put off until tomorrow? Users hate to do anything that would slow down their access to their computer or data. That means they would much rather just sit at a keyboard and start to surf the Internet instead of entering logon credentials and then entering a second factor. How many times have you been tired of the constant password changes only to resort to using one you know you’ll remember and have previously used? Didn’t feel like creating a new account so passed on that online purchase? . . . [more]

An Ontario lawyer called LAWPRO inform us of what appears to be an email hack attempt (similar to what is described here) against his firm and one of his clients, with the goal of diverting closing funds from a transaction into a different bank account. An email to the client appeared to come from this lawyer, and a follow-up phone call was made to the client which displayed the lawyer’s firm number.

Below we have reproduced the steps of the incident and his response, with some edits to remove the firm and client information.

Here is the fraudulent email . . . [more]

[Sarit Mizrhi assisted in the preparation of this column.]

As discussed abundantly in previous posts, numerous court systems worldwide have begun harnessing the power of modern technology in general (and online dispute resolution (ODR) mechanisms in particular) due to the many benefits it stands to offer to the judiciary. Essentially, information and communications technologies have proven to enhance court performance in several manners, such as by reducing trial delays, increasing the efficiency of the judicial system and thus ultimately access to justice, as well as increasing the level of confidence that citizens have in the legal system. As is well . . . [more]

Recently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association’s modifications to the Comments of Rule 1.1 respecting Competence (“…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…”) and Rule 1.6 respecting Confidentiality (“(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”)

What’s reasonable? The Comments go on to list relevant factors:

1. the sensitivity of

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]