Back in the dark ages of streaming video, about years ago, there was really only one affordable option to get your fix of television online, And, even that could only provide a partial fix, as content was seriously lacking. Most had not for the streaming video service, but for the by mail that had become a replacement for most to Blockbuster. The streaming video was just a throw in that many took for granted. With the last Blockbuster store closing late last year, and Netflix now separating its streaming and by mail units, a lot has changed in half a decade.
Law firms are not known for their technological heaviness. In fact, on the contrary, law firms have been known to be slow to react to changing business culture. This poses a problem in our Data Privacy Breach increasingly technological world where the number of hackers, and the threats that they pose, becomes greater by the second. Law firms need to collect information from clients to perform their basic duties, but clients will be reluctant to hand over that information if they cannot be assured their information will be protected.
The announcement by Facebook on Tuesday that it purchased virtual reality company Oculus for billion surely delighted many investors who were no doubt handsomely rewarded for their contributions. However, it also spurned a group of investors that had contributed over million to the then fledgling company back.
Last week several news outlets, including Electronic Health Records Security reported that Microsoft accessed a French blogger’s Hotmail account and looked through emails and instant messages on Windows Live. The information collected was used to arrest a former Microsoft employee, for leaking certain intellectual property. Naturally, this caused a public outcry, as many are still on edge about how involved tech companies.
As seen by the examples provided, the threats to a law firm can be either internal or external, and the information taken can be either information specific to the firm, or client information. The fact Healthcare Privacy Monitoring that client information can be obtained is the much scarier scenario, because it can lead to ethical violations that will ultimately result in the downfall of the entire firm.
Model Rule requires firms to keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, this by extension would include cybersecurity threats. Moreover, A requires firms to “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”