New Hampshire Bar Association’s Ethics Committee (submitted for publication by the NHBA Board of Governors at its February 21, 2013 meeting) Topic: The Use of Cloud Computing in the Practice of Law Summary of the Committee: “The internet has changed the practice of law in many ways, including how data is stored and accessed. ‘Cloud […]
14 North Carolina Journal of Law and Technology 381 (2013) Abstract: “On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately […]
126 Harvard Law Review Forum 262 (2013) Abstract: “In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting “intellectual privacy.” Although we share his interest in recognizing and protecting privacy as a condition […]
98 Minnesota Law Review 62 (2013) Abstract: “We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all […]
Professional Ethics Commission Topic: The Ethics of Cloud Computing and Storage Question presented to the Commission: “Is it ethical for Maine attorneys to use cloud computing and storage for client matters?” Short answer of the Commission: “Yes, assuming safeguards are in place to ensure that the attorney’s use of this technology does not result in […]
A publication of the American Bar Association From the Article: “Encryption is a topic that most attorneys don’t want to touch with a ten-foot pole, but it is becoming a more and more important part of security. Encryption is an electronic process to protect data. It has now reached the point where all attorneys […]
State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-184 Topic: Virtual Law Office Digest of the Committee: “As it pertains to the use of technology, the Business and Professions Code and the Rules of Professional Conduct do not impose greater or different duties upon a VLO practitioner operating in the […]
97 IOWA L. REV. 809, 822-24 (2012) Considering how individuals are sharing personal data, the authors suggest the creation of the “Privacy Data Guardian”, a new profession that manages Privacy Data Vaults. The article explains the technical specification of such approach, highlighting the fiduciary relationship between client and Guardian, and recommending that the Privacy Data […]
CRS Report for Congress R42649 The report describes the view of American jurisdictions on attorneys recording of conversations. In the majority of jurisdictions a “recording with the consent of one, but not all, of the parties to a conversation is not unethical per se unless it is illegal or contrary to some other ethical standard” […]
30 Berkley J. INT’L L. 161, 164-68 (2012) The European Union is developing its “right to be forgotten”. According to the author, this right could prove particularly harmful toward United States Internet companies. The article outlines the practical implications of the European right to be forgotten, pointing out possibilities to reconcile American and European views […]