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CHRIS HOMERChris “Tres” Homer
Senior Campaign Engineer
@gngfound
•
CHRIS HOMERChris “Tres” Homer
Senior Campaign Engineer
North Carolina State Bar Council adopted the view that a lawyer’s obligation to provide competent and diligent representation (see, e.g., Mass. R. Prof. C. 1.1 and 1.3) requires a lawyer to
“advise the client of the legal ramifications of existing postings, future postings, and third party comments.
Advice should be given before and after the law suit is filed.” See 2014 N.C. Ethics Op. 5, #1.
2005
Online = Website
2016
Online = Presence
20052016
THE FUTURE IS MOBILE
*IDC Research Report 2013
have their phone on or near them for all but up to 2 hours of their waking day.
79% reach for their
smartphone immediately after waking up
62% say they can't recall
the last time their smartphone wasn't next to them.
25%
Among smartphone owners age 18-44
Data Security and Technology
The Ethical Problem
• Being “computer illiterate” or not being a “computer person” is no longer an excuse.
• We’re carrying a computer in our pocket.• Everyday a basic service moves to online only.
New Model Rule 1.1 Addition of “Technology”- When you need to be secure- What needs to be secure- Tools to use- Things to Avoid
Technology Becomes Ethics
The ABA’s Five Questions for Data SecurityWhat is the sensitivity of the information? What is the likelihood of disclosure if additional safeguards are not taken? Is the cost of employing additional safeguards extraordinary? How difficult will it be to implement safeguards? To what extent will the safeguards adversely affect the lawyer’s ability to represent the client?
Technology
1. What is the sensitivity of the information?Some information is considered more sensitive than others. SSN, DOB, or pertinent details to the case should be considered more sensitive. Other facts, like someone’s Twitter handle or university attended, are less sensitive because they are easily attained by an average person and usually carry little weight in most cases.
2. What is the likelihood of disclosure if additional safeguards are not taken?This particular question is encouraging lawyers to ask how likely people are to steal confidential information. A great example is the Casey Anthony case. At first, the case was regional. Once the national news began featuring the trial, the likes of Nancy Grace started getting fired up, and this case became highly visible. A highly visible case becomes a much greater target for data security breaches.
3. Is the cost of employing additional safeguards extraordinary?A very difficult question to answer. At what point have you crossed the line into “too expensive”? A couple of ways to approach this question would be to determine the potential damages to your client if said information became public, or to look at the average industry cost of standard security protocols (above basic, below enterprise). In most cases, keeping information private is not that expensive, and damages are often due to human error as opposed to a poor investment into a weak tool—but not always.
4. How difficult will it be to implement safeguards?Want to send your client fully encrypted emails with files that can’t be shared with anyone? That is going to be complicated. Need to save documents on a secured cloud server? Easy. Having a security process is not a fun task to implement, but it doesn’t have to be difficult and should be considered your first step in data security.
5. To what extent will the safeguards adversely affect the lawyer’s ability to represent the client?Some data protection protocols can be cumbersome at best. Expecting a client to operate on a clean laptop with secured wifi access and a user key for encrypting messages could mean you rarely hear from your clients. If your security measures are so strict that you—or your clients—find it prohibitive to function through the legal matter, you may want to dial back the restrictions—just not until you answer the first four questions.
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PASSWORDS
Wifi
Wifi
Wifi
Hashtag # - Anchors and Tags MessagesPrivacy SettingsProfile PageLogin ScreenIndex or Indexing
Terminology
2013Facebook Tried To Buy Snapchat For $3B In Cash.
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