Who’s minding best practices: A look at what it takes to secure a network (InsideCounsel, 4 Nov 2014) – Most organizations have good intentions to follow “cybersecurity best practices,” but the sticking point comes when deciding what these practices are and how they relate to individual businesses. While lawyers have an ethical duty to protect information under Rule 1.6: Confidentiality of Information and businesses that accept credit cards must comply with the Payment Card Industry Data Security Standard (PCI DSS) requirements , there is much more to securing a network than following best practices and requirements. Certainly following these practices is important, but following their intent is what makes the difference between protecting a business and performing perfunctory duties. Before the recent spate of breaches on some big-name retailers, you may have thought that with all the rules and regulatory requirements retailers are subject to under the Payment Card Industry Data Security Standards (PCI DSS) that their networks would be secure. However, the problem often lies with what these companies are not doing rather than what they are doing. While these companies may have “followed best practices,” they may not have done what would have been best, either because of a lack on their end or on their adviser’s end.

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Cybersecurity: Not just for biglaw and its clients (WSJ, 27 Oct 2014) – Cybersecurity is an increasingly big priority for law firms with big financial institution clients. But it can be a matter of life and death for lawyers doing pro bono work with clients in troubled countries who are battling human trafficking, terrorism and other human rights violations. The interception of sensitive documents by criminals or unfriendly governments can compromise the safety of in-country clients, and in some cases the attorneys with whom they work. “Human rights really is cloak-and-dagger,” Christina Storm, a lawyer and founder of the non-profit group Lawyers Without Borders , told Law Blog. “Lawyers put themselves at risk, and every person in-country who reaches out to us puts themselves at risk.” Ms. Storm’s group focuses on strengthening the rule of law around the world. The organization works with law firms big and small as well as solo practitioners on cases that range from electoral reform to strengthening protections for gay, bisexual and transgender people in African countries. Such work isn’t always popular. In some places, government surveillance might involve keyloggers that track communications between dissidents and their lawyers. Confidential documents that fall into the wrong hands can expose both sides to danger, Ms. Storm said, adding, “Their safety is important to us.” Lawyers Without Borders takes some of its security cues from the big law firms it works with, such as Reed Smith LLP and Linklaters, whose corporate and financial clients requirement myriad steps to prevent hackers from accessing confidential information. At one point the organization tried using encrypted email, but the program was so cumbersome that people abandoned it because it was hard to use. Another document management system ended up being accessed by authorities in an unfriendly country, and the whole thing had to be scrapped.

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