The Hottest Topics for the Hottest Topics for Bar Leaders
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1 The Hottest Topics for the Hottest Topics for Bar Leaders Toronto NCBP Meeting, August 2011
2 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
3 Don t give me no SAAS Software As A Service = Cloud Computing
4 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 where in the cloud your data is kept??
5 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
6 Don t give me no SAAS Does your Bar use cloud computing? Does your firm use cloud computing?
7 Don t give me no SAAS Do you use cloud computing? In your personal (not business) life? Do you ever send s from your personal address? Do you back up your personal computer to the cloud? Does that back-up include any office stuff you re using on your home computer?
8 Don t give me no SAAS Do you use cloud computing? In your personal (not business) life? Do you ever send s from your personal address? Do you back up your personal computer to the cloud? Does that back-up include any office stuff you re using on your home computer? 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?
9 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?
10 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 Canada s Cloud Computing Capital
11 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
12 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 protect clients confidences?
13 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
14 What is that hacking C.O.U.G.H.? I am talking about Could Our Usage Get Hacked?
15 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!
16 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 in the July 21, 2011 Wall Street Journal
17 What is that hacking C.O.U.G.H.? Do you use encryption software? Do you get express permission from clients to communicate through ? Do you advise clients that your system may not be secure if it is not encrypted? Do you communicate by unsecured Texting? Non-Office ? Like Gmail?
18 What is that hacking C.O.U.G.H.? Have you checked your office computer for hacks? Have you checked your Bar s computer for hacks?
19 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?
20 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
21 Flying without wires Have you ever heard of: War Chalking War Driving
22 Flying without wires What is this? 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 is: WPA WEP WPA2
23 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?
24 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
25 High Jinx or Hijacked? This is all about Security on your mobile media Laptops Cell phones Smart phones I-Pads
26 High Jinx or Hijacked? What if someone steals your Laptop? Smart phone? I-Pad?
27 High Jinx or Hijacked? How secure is your device? Can your office: Remotely turn off the device? Remotely track the device?
28 High Jinx or Hijacked? How secure is your data? How long is your password?
29 High Jinx or Hijacked? An 8-character password can be cracked in 2 hours However, to crack a 12- character password Takes 15 years!
30 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
31 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.
32 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.
33 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. We all must jump into educating our members about this at every opportunity.
34 Don t Fall Down Where Technology is Concerned 6 hot tips in 18 minutes! 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!
35 Be Flexible! Bar Associations must be flexible in meeting the changing technology issues that face all of us.
36 Be Flexible! Bar Associations must be flexible in finding ways to inform our members of these technology issues in a meaningful manner.
37 These issues affect everything we do. Also, Be Flexible! What happens to private data when the owner dies? Songs on ITunes? Facebook, Twitter, and s? Financial Info on the Web? Bank Accounts, PayPal, Brokerage Accounts? How we run our firms How we run our associations How we interact with clients Practice issues Ethics issues Professionalism issues Avoiding malpractice claims
38 The Hottest Topics for the Hottest Topics for Bar Leaders Toronto NCBP Meeting, August 2011
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