[vox-tech] Legal Ethics Tech Question
Bob Scofield
scofield at omsoft.com
Mon Dec 14 22:06:11 PST 2009
I need some help on a legal ethics question. I occasionally take my laptop to
the Sacramento Public Law Library to use its public access wireless
connection for some great online resources. Right now the California State
Bar has a formal ethics opinion up for public comment:
http://calbar.ca.gov/calbar/pdfs/public-comment/2009/Prop-Opin-Tech-Confidentiality.pdf
With regard to a hypothetical where "Attorney A" used a public wireless
connection the opinion concludes:
"that due to the lack of security features provided
in most public wireless access locations, Attorney A risks violating his
duties of confidentiality and competence in using the wireless
connection at the coffee shop to work on client X's matter unless he
takes appropriate precautions, such as using an adequate encryption
device and a personal firewall."
The opinion goes on to state that the attorney generally "should not use
any unsecured public wireless connection that does not require a
password for access." The opinion states that the attorney might get
his client's informed consent to use the unsecured wireless connection.
Footnote 15 notes that a hacker can gain access to a client's
confidential information on a computer even if the file pertaining to the
client is not open.
I've got a dual boot laptop, but I have to use Windows for my legal work.
Supposedly Windows XP has a firewall, though I've never used it. But note
that the opinion talks about having to use both a firewall and an encryption
device. So what is an "encryption device" that I can use to comply with the
ethics opinion when I am using Windows Internet Explorer to connect to the
web?
Thank you. (And thanks for making your answers simple since I'm not a
techie.)
Bob
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