Department of Homeland Security, Guide to Implementing Privacy

Purpose of the Guide to Implementing Privacy: “The purpose of the Department of Homeland Security (DHS or Department) Privacy Office Guide to Implementing Privacy (Guide) is to inform the Department, other federal agencies, and the public about how the DHS Privacy Office implements privacy at DHS. The Guide provides an overview of the DHS Privacy […]

Ardia, David S., Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act

Loyola of Los Angeles Law Review, Vol. 43, No. 2, 2010   Abstract from the article: “In the thirteen years since its enactment, section 230 of the Communications Decency Act has become one of the most important statutes impacting online speech, as well as one of the most intensely criticized. In deceptively simple language, its […]

H. Carol Saul, Limiting Law Firm Exposure to HITECH Act Liability: Do You Know Where Your Client’s Protected Health Information Is?, Georgia Bar Journal 24 (April 2010)

Conclusion of the Article: “Although the overarching purpose of the HITECH Act [Health Information Technology for Economic and Clinical Health Act of 2010] is to provide a path for the federal government to achieve its goal of establishing widespread use of electronic health records by 2014, the HITECH Act’s reach extends more broadly than just […]

Richard Acello, Get Your Head in the Cloud, ABA Journal (April 2010 Issue)

From the Article: “Interest in ‘cloud computing’ is picking up steam among lawyers for several good reasons. Proponents say its advantages center on economy, simplicity and accessibility…But some of the advantages of cloud computing also are reasons for lawyers to be cautious about its use. In particular, the fact that client data and work product […]

Center for Democracy and Technology, Protecting Privacy in Online Identity: A Review of the Letter and Spirit of the Fair Credit Reporting Act’s Application to Identity Providers

CDT insists on “the need to develop some type of private or public legal regime that ensures identity providers properly safeguard consumer privacy in the emerging identity management industry”. CDT also highlighted that “If identity services are covered under the FCRA, relying parties would also have a number of important FIPs-related obligations including: Use Limitation […]

State Bar of Arizona Ethics Opinion 09-04

Arizona State Bar Association Committee on the Rules of Professional Conduct Topics: Confidentiality; Maintaining Client Files; Electronic Storage; Internet Summary of the Committee: “Lawyers providing an online file storage and retrieval system for client access of documents must take reasonable precautions to protect the security and confidentiality of client documents and information.  Lawyers should be […]

Illinois State Bar Association Opinion 10-01

ISBA Professional Conduct Advisory Opinion No. 10-01 Topic: Law firm’s maintenance of confidential information while working with third party technology vendor Digest of the ISBA: “A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information […]

Alex Teu, Waiving the Attorney Client Privilege by Using Third Party File Transfer Providers – Part 1, jumpsend.com

From the Article: “An interesting question was raised by a Government law department seeking to use LeapFILE to transfer files: does a party lose its right to claim attorney client privilege over a communication otherwise privileged by using a service like LeapFILE to transmit that communication? The rationale for breaking the privilege is that the […]