The Hottest Topics for the Hottest Topics for Bar Leaders

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Don’t Fall Down Where Technology is Concerned

1. Don’t give me no SAAS

2. What is that hacking C.O.U.G.H.? 3. Flying without wires.

4. High Jinx or Highjacked? 5. Watch Where You Jump 6. Be Flexible!

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Don’t give me no SAAS

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Don’t give me no SAAS

“Cloud Computing”

 Letting someone else  Outside of your office

 Run your programs and keep your data  In the “cloud”

But, do you know

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Don’t give me no SAAS

The ABA 20/20 Commission is proposing changes to

Model Rule 1.1 on a lawyer’s duty

to maintain confidentiality in electronic communications

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Don’t give me no SAAS

• Does your Bar use cloud computing? • Does your firm use cloud computing?

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Do you use cloud computing?

• In your “personal” (not business) life?

– Do you ever send emails from

• your personal email address?

– Do you “back up” your personal computer

• to the cloud?

– Does that back-up include

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Do you use cloud computing?

• In your “personal” (not business) life?

– Do you ever send emails from

• your personal email address?

– Do you “back up” your personal computer

• to the cloud?

– Does that back-up include

Do your kids ever:

• Use your home computer? – Of course they do!

• Do you know

– What they are “backing up” to the “cloud”?

– Whether what they are “backing up”

• might include some of your business stuff?

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Don’t give me no SAAS

• What about the “offsite backups” for your firm and your Bar Association?

• Are those backups kept in the cloud? • How safe is the cloud anyway?

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Don’t give me no SAAS

• Is any of the data stored outside of the U.S.?

– Do you know?

– If so, how do you deal with cross-border issues?

• Toronto bills itself as

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Don’t give me no SAAS

• A few hours drive from Toronto is the town of Waterloo. • It is the heart of Canada’s “Technology Triangle.” • This is where RIM/Blackberry headquarters are located

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Don’t give me no SAAS

• Do you have:

– A negotiated terms of service contract with your “cloud” or “backup” provider? – Knowledge of and contractual limitations

on storage of data outside of U.S.? – Other key contractual provisions to

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What is that hacking C.O.U.G.H.?

• I am talking about

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What is that hacking C.O.U.G.H.?

• Do you know if you have been hacked?

– The FBI has issued a warning to law firms about hacks.

• 10% =

– Estimated number of law firms that have been hacked

• Many don’t know that they’ve been hacked !

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What is that hacking C.O.U.G.H.?

• The Secret Service reports that

– 63% of data breaches in 2011

– occurred in companies of <100 employees

• Reported in a front-page story

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What is that hacking C.O.U.G.H.?

• Do you use encryption software? • Do you get express permission

– from clients to communicate through email? • Do you advise clients

– that your email system may not be secure if it is not encrypted?

• Do you communicate by unsecured

– Texting ?

– Non-Office email ? • Like Gmail?

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What is that hacking C.O.U.G.H.?

• Have you checked your office computer for hacks?

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What is that hacking C.O.U.G.H.?

• If there was an ethical complaint filed • because of a data breach at a law firm,

• wouldn’t it be reasonable to assume that the first question might be

• “When was the last time you checked your system to see if it was hacked?”

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Flying without wires

• Have you ever heard of:

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Flying without wires

• It’s a way of finding “open” wireless

networks.

• For example, have you used a wireless

network on this trip?

– Do you know whether the security it employs

WEP

WPA WPA2

What is

this?

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Flying without wires

• WEP

– Wired Equivalent Privacy

• WPA

– Wireless Protected Access

• WPA2

– a second, newer version of Wireless Protected Access

Does any of this mean

anything to you? If not,

do you know whether what you’re doing

can be accessed by others?

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High Jinx or Hijacked?

• This is all about

– Security on your mobile media • Laptops

• Cell phones • Smart phones • I-Pads

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High Jinx or Hijacked?

• What if someone steals your

– Laptop?

– Smart phone? – I-Pad?

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High Jinx or Hijacked?

• How secure is your device?

– Can your office:

• Remotely turn off the device? • Remotely track the device?

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High Jinx or Hijacked?

• How secure is your data? • How long is your password?

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High Jinx or Hijacked?

• An 8-character password can be cracked – in 2 hours • However, – to “crack” a 12-character password

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Watch Where You Jump

We can’t avoid technology issues.

We have to jump in and master this area

for ourselves, our law firms, and our Bar Associations.

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Watch Where You Jump

Jumping into anything requires

a serious and brave commitment. Helping your members

master technology issues, and protect themselves from

unintentional liability,

requires a serious and brave commitment from your Bar.

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Watch Where You Jump

 We don’t have the option of not jumping into

technology issues.

 We know that these issues are critical to

every member of our Bar.

 We know that if we are

not fully knowledgeable about these issues, then our members face serious problems.

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Be Flexible!

Bar Associations must be flexible in meeting the

changing technology issues that face all of us.

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Be Flexible!

Bar Associations must be flexible in finding ways to inform

our members

of these technology issues in a meaningful manner.

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These issues affect everything we do.

• How we run our firms • How we run our

associations

• How we interact with clients • “Practice” issues • “Ethics” issues • Professionalism issues • Avoiding malpractice claims

Be Flexible!

Also, What happens to “private” data when

the owner dies?

Songs on ITunes?

Financial Info on the Web?

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The Hottest Topics for the Hottest Topics for Bar Leaders