Category Archives: eMail

eClassics: The Midnight Ride of Sarah Palin

Colonial Palin

Another one from ‘the vault’ to celebrate the silly season of politics. A lot of people missed the apolitical point of this post, which was that it was all just a tempest in a teapot:

Listen my children to a tale in error
Of the midnight ride of Palin, Sarah
On the tenth of June, in Twenty-eleven;
Many a reporter is now in heaven
Who remembers that famous day and year.

She said to her friend, “If the Alaskans power
By land or sea from the town to-night,
Hang a lantern aloft in the belfry tower
Of the North Church arch as a signal light,–
One if by ‘Times, and two if by ‘Post;
And I on the opposite shore will at most,
Be ready to ride and spread the alarm
Through every Juneau village and farm,
That the lamestream-press means to do me harm!”

Then she said “Good-night!” and with muffled oar
Silently steered to the New Hampshire shore,
Just as the moon rose over the bay,
Where swinging wide at her RV lay
The NY Times, American man-of-war;
A phantom Grey Lady, with each mast and spar
Across the moon like a prison bar,
And a huge black hulk, that was magnified
By its own reflection in the tide.

Meanwhile, her friends through alley and street
Wandered and watched, with eager ears,
Till in the silence around her she hears
The muster of newsmen at the office door,
The sound of typing, and the tramp of feet,
And the measured tread of the cop-iers,
Marching down to their presses on the shore.

Wrapped in silence so deep and still
That she could hear, like a sentinel’s tread,
The watchful night-wind, as it fell
Creeping along from dell to dell,
And seeming to whisper, “All is well!”
A moment only she feels the spell
Of the place and the hour, and the secret dread
For suddenly all her thoughts are bent
On a shadowy something far away,
Where the river widens to meet the bay,–
A line of six boxes that bends and floats
Of 24,199 e-Mails like a bridge of boats.

A hurry of hoofs in a village street,
A shape in the moonlight, a bulk in the dark,
And beneath, from the pebbles, in passing, a spark
Struck out by a steed flying fearless and fleet;
That was all! And yet, through the gloom and the light,
The fate of a nation was riding that night;
And the spark struck out by that steed, in her flight,
Kindled the land into flame with its heat.
She has left the village and mounted the steep,
And beneath her, tranquil and broad and deep,
Is the Mystic, meeting the ocean tides;
And under the alders that skirt its edge,
Now soft on the sand, now loud on the ledge,
Is heard the tramp of her steed as she rides.

It was 9 am by the village clock,
When she came to the bridge in Juneau town.
She heard the bleating of the flock,
And the Twitter of Droids among the trees,
And felt the breath of the Daily Breeze
Blowing over the meadow brown.

You know the rest. In the papers you have read…

So through the night rode Sarah Palin;
And so through the night went her cry of alarm
To every Juneau village and farm,—
A cry of defiance, and not of fear,
A voice in the darkness, a knock at the door,
And a word that shall echo for evermore!
For, borne on the night-wind of the Past,
Through all our history, to the last,
In the hour of darkness and peril and need,
The people will waken and listen to wailin’
The hurrying hoof-beats of that steed,
And the e-Mail message of Sarah Palin.

This P.R. Disaster? It’s a Sony!

SPE SHEFolks; it pains me to write about the nightmare going on at Sony Pictures Entertainment (aka SPE) right now.  Yours truly ran their email system in 1995/96.  I've often said how lucky I am that I managed huge corporate email systems before the advent of serious quantities of SPAM and when hacking didn't look at all like it does today.

I've been saying the same thing for years; "Assume that nothing you write is private".  This is just another example.  I also feel bad for Amy Pascal.  She was a prominent exec at Turner Broadcasting; my job prior to moving to SPE.  Are her words innappropriate?  Sure.  But if we're honest with ourselves, we know that we've all written the same snarky things – or thought about writing them!

What made me laugh most was seeing an on-air personality state that Sony was essentially a pariah due to these disclosed statements and that talent would flee to other studios.  Ri-i-i-ight!  Because execs aren't making the same 'private' comments at those other studios (insert rolling eyes here).  At least they were prior to this fiasco becoming public.

Methinks the right offers for the right amount of money will smooth over those hurt feelings.

eDiscovery 101: BYOD = BYOA (ASPIRIN)

MP900438810In the upcoming Calbar book, The California Guide to Growing & Managing a Law Office, I do a side-by-side comparison between the benefits and detriments of BYOD.  I'm sure the same sort of comparison takes place in meetings at all kinds of companies.  There's no doubt that on paper, many aspects of BYOD might yield productivity gains and other benefits for the enterprise.

[Note:  In the book, I lay out information in the format of pros and cons because the goal is to inform a reader of the positives and pitfalls so they can make an informed decision.]

So, what's my opinion?  If I was the consultant, in most cases, I'd likely fall into the 'against' column.  Why?  I'll get to that in a moment.

For those of you who don't know my background, at one time or another, I pretty much did every job on the operations side of IT before I ever became a lawyer.  This allows me to look at facts through a wide-angle lens.  The way my mind works, I literally imagine an issue as a 3-D photograph.  Let's apply that to BYOD:

We start by playing 'swap' for a moment.  Imagine coming into work one morning and all of the desktops are different brands and chipsets; some of them are Windows, but a mix of XP, Vista and Seven, others are Macs with various versions of the O/S and still others are Linux boxes.  Now, you may actually see that in some concerns, for good reason.  But I'm talking about literally a different box on each desk in the office.

That would be kind of hard to manage, wouldn't it?

Maybe it wouldn't seem like it to you, but again, I'm thinking very broadly.  We're not just dealing with realities, we're dealing with expectations.  What do I mean by that?

When I read most of the articles that address BYOD, they speak in terms of locking down various functions on a device, such as email, via Exchange, for example.  But that''s not how I'm thinking; and it won't be how the employees/consultants will be thinking, either.

Nope.  If it's a device supporting their job, they expect everyone up the chain to be able to support the entire device – not just components of it.  And, the enterprise should expect this as well, since a non-functioning device will ultimately affect productivity.

It means that your help-desk, field service technicians, level II (and level III) support will have to be proficient with every make and model of Windows Phone, Blackberry, iPhone and – if you'll pardon the pun – every flavor of Android.  Oh, and did anyone give any thought as to how you're going to back them up in such a manner that the company owns/controls the data?

That's what it means, Jelly Bean.

So, if you're considering BYOD, I hope the decision-makers are taking this into account and formulating policy.  Never mind that I didn't get into the fact that, if litigation arises, staff may have to turn over their personal devices for imaging or examination.  I also didn't get into how growth highly affects BYOD.  We all know the person who runs out and purchases the brand-new, untested, unpatched version of X the moment it's on the market.  Apple Maps, anyone?

I hope you bought the 1000-count bottle…

eDiscovery California: Proposed Formal Opinion 10-0003 (VLO) is now Formal Opinion CAL 2012-184

Attorneys, please take note: The State Bar of California Proposed Formal Opinion Interim No. 10-0003 (Virtual Law Office) has been adopted as Formal Opinion CAL 2012-184 (link opens 7-page pdf).  If you missed it the first go-round, I highly recommend that you familiarize yourselves with this opinion.

I can lead you to the water (but I can't force you to make the Kool-Aid).

‘Outlook’ for Hotmail: Cooler with a Chance of Replacement

MP900385981Normally, the announcement that Microsoft is transitioning away from Hotmail to their new cloud-based Outlook interface wouldn’t register much space on this blog.  However, due to my posts about using Hotmail to emulate ActiveSync on your devices, there is a tie-in.

First, there’s the perception that having a Hotmail account is somewhat embarrassing.  Why?  Who knows.  I don’t care about how things look; I care about making use of the most efficient process to achieve the goal.  You can even replace an existing hotmail.com address with a new outlook.com address (although you were never required to use a hotmail.com address).  But, if these issues held you back from trying it, well, your problems are solved.

But here’s the better news.  Based on my assessment, Outlook is just a superior interface.  Also, if you implemented Hotmail, transitioning to Outlook takes about two mouse-clicks and doesn’t interrupt or affect ActiveSync.

So, maybe you want to revisit the process…

Leveraging ActiveSync to Emulate MS Exchange, Part II – Sync Devices

Ok…so you've spent the weekend dutifully configuring your primary database and cloud configuration a la Part I, eagerly (at least, that's what I tell myself…) anticipating Part II; my instructions on how to synchronize your email, calendar & contacts with virtually all of your secondary devices.

The cool thing is, virtually any default or add-on app that supports Microsoft ActiveSync will work with this process.  For example, if you have an Android smartphone or tablet, you can configure Corporate Sync to use the default modules that came stock with your device – at no cost.  Or, since this process sits on a Hotmail backbone, you can use Microsoft's own Hotmail App

But, for a lot of us, we want robust functionality on our mobile devices.  After all, many of us spend more time using those products than our traditional desktop devices (pretty soon, the term 'desktop' won't even be accurate, anymore).  If, like me, you're one of those people, you may want to invest in apps geared to the power-user, such as Touchdown.

However, keep in mind; this is a Microsoft backbone, but it's a free backbone.  Regardless of whether the apps support ActiveSync, their technical support will not be obligated to assist you with the configuration because their products are meant to support true Exchange ActiveSync.  If you experience difficulty, you'll have to throw yourself on the mercy of the particular provider, or hit the support forums.

Basic configuration is actually fairly easy.  Let's take a look at a portion of the default Android Corporate Sync configuration screen:

Droid Corp Sync_75

You have the option of selecting your three sync modules separately.  This is helpful because, for example, I didn't want to use the default settings except to maintain a default copy of my contacts (which is enabled, above).  Then, you simply input your display email address and point to the Hotmail server.  As mentioned in Part I, always make sure you have SSL enabled.  Last (not visible here), input your Hotmail Login ID and password.  That's it!

Now, if you've decided to go the power-route, here's an example of the more robust configuration options available to you in Touchdown:

TD Account AS_75

As you can see, here you must specify ActiveSync, rather than Exchange.  Also, it assumes a domain – which you don't have – but it'll still work with your Login ID.  Sometimes, you need to input the backslash in front of the ID in order to correct for the lack of domain, so if it doesn't work the first time, play around with it a little bit.  You also have a choice of more than one 'reply-to' address.

Server configuration is virtually the same as under the default app above, except Touchdown combines all of the modules under a single icon.  Also, see how it confirms Microsoft IIS/6.0.2.5.

TD Connection AS_75

Now, the power user is ready to access the Advanced tab and configure the numerous options available.  Yes, it really is that easy!

So, what have we accomplished?

  • First, we've established a virtual database that can be archived on the fly and/or exported from the cloud at any time; extremely important if there's a server outage,
  • We're using SSL for better security, and of course, encryption options are available to us as well,
  • Any email, calendar entry or contact that is created, added or modified at one source is automatically propagated to all other resources,
  • Calendar invitations are seamlessly integrated,
  • No need to bcc: ourselves on every sent message,
  • Ability to work seamlessly in standalone mode with auto-sync once re-connected.

Dare I say…everything but the kitchen sync!  Yeah, I had to say it…I feel shame…

Leveraging ActiveSync to Emulate MS Exchange & Sync Multiple Devices – Part I

MP900448358In order to make great (information) soup, start with the right (data)base.

As promised, this is the first in a short series on how to leverage available software technology to sync Calendar, Contacts, Email and more on virtually all (or most) of your devices.  Now, we all know there are many different ways to accomplish this, however, this is aimed at the individual – or small business or law firm – who can't afford expensive hardware or software, is nervous about the cloud (for good reason) but would like a robust, alternative method to manage their data dependably, automatically and securely.  In other words, they don't want to be up at night worrying about it nor spending the day trying to figure out why it doesn't work!

What do most individuals and businesses in this 24-hour-a-day world want from their technology, anyway?

  • Access to my data 24-hours-a-day! (That was a gimme)
  • Rapid auto-sync (I enter/modify a contact on my smartphone and within five minutes, it propagates to all of my other devices)
  • I reply to an eMail message and it syncs everywhere without having to cc: myself at other locations/accounts (I hear complaints about this all of the time)
  • I receive a calendar appointment and can seamlessly add it to my device's calendar, then it propagates…
  • I generate calendar appointments that others may seamlessly process as well
  • If my server/cloud connectivity is severed, I have access to – and can process – all of my data up to that moment, modify it or generate more, then sync it when connectivity is restored (this is also important while traveling, isn't it?)
  • Ability to mirror/archive/backup the database (if this isn't on your list, it should be)
  • Ability to access the data securely

…and more, of course.  Many products provide some, or all of these features – the problem is, many of them do it in completely different ways, including for each separate function (e.g. calendar or contacts) and don't 'talk' to other devices very well.  The goal is to make the process as seamless as possible.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I'm hitting for averages here, folks.  There are a lot of Operating Systems and hardware out there.  On PC, we have Windows, MAC, Linux, etc.  With tablets we have MAC, Blackberry, Android, etc.  Smartphones?  Well, there are four primaries; iPhone, Android, Blackberry & Windows.

We know that most PCs are Windows-based (no knock against Macs, it's just the way it is) and the majority of businesses use them.  iPhones and Androids are duking it out, with Blackberries still in the hunt and the new version of Windows phone making a splash.  We also know that a majority use Microsoft Office-based products (even many Mac users).  So, there's no way I'll make everyone happy.

The example I'll use for our purposes is a Windows-based PC, hosting Outlook 2003, 2007 or 2010.  You'll also need a Hotmail/Live Mail cloud component; however, this doesn't mean you'll be changing your existing email setup; you'll be supplementing it.  Last, you'll install the Outlook Hotmail Connector, which allows you to create a virtual database within Outlook.  This will serve as our primary device.  For security, I recommend that it be static, if possible.  Any mobile device, from laptop on down, runs the additional risk of being lost or stolen with your entire database living on it.  Not a pleasant thought.

Is there a method to my madness?  Yes.  The more one can accomplish under a single vendor, the better the results.  In this case, all database components are Microsoft, which makes the process seamless (remember, we're going to be communicating with a lot of devices).  Also, SSL capability was implemented in 2011, meaning your connection to the cloud will be much more secure, whether via Outlook, the Web or your secondary devices.

Once you have your components up & running, you have a choice:

  1. Use Hotmail to "fetch" your emails from your existing database, or,
  2. Forward your emails from your existing database to Hotmail.

Both methods are fine, but I recommend forwarding your emails.  With fetch, Hotmail must make an inquiry and "pull" your messages over.  There will usually be a time delay, which won't be sufficient for those of us who need our messages in real-time.  Forwarding doesn't normally cause a delay; emails are forwarded as they arrive, so this is preferable.  The good news is, you'll have another backup of your messages with your service provider.

As for contacts and calendar, you'll want to import them into your Outlook database as well.  Once completed, you can customize your settings in the cloud.  I recommend disabling as many 'bloatware' features as possible.  After all, you're looking to create a slick, business-like database.  What you do want to enable is your SSL functionality.  One way to verify this is to make sure you may only access it online via https://.  If it works via http://, your security isn't properly configured.

I know this is a lot of detail, but if you're willing to take some time and make the effort, you'll have an excellent base.  In Part II, I'll examine how you'll exploit various flavors of ActiveSync (Corporate Sync on some devices) to sync your data over mutiple platforms.

That's when the fun begins…

I Never Promised You a (Dusty)Rose Garden…

Artificial-Sweeteners
…but I did promise to try to post more often.  Isn't it a shame when work gets in the way of a good blog post?  Having not posted anything this week, I wanted to let you know about two subjects I'm working on for you right now:

  1. Due to all of the controversy over Google's privacy policy, I'm writing an instructive article about alternate software products you may use to sync email, contacts and calendar on all of your devices; including desktops, laptops, tablets and smartphones.  And here's the best part – you can do it free (for power users who want more robust features, I'll also include some pay options).  I don't know about you, but being able to create emails, calendar appointments and/or modify contacts – then having the device automatically propagate the data to all of my other devices simultaneously – is one of life's greatest time-savers!  Here's another bonus, that should appeal to many of you – you'll have a database that lives on your own device, not just via access in the cloud.  Yes, there will be pictures, in fact, I've been playing with an excellent app that creates terrific images from a non-rooted Android smartphone.  Stay tuned…
  2. I'm also working on a comparison of scientific analyses in California courts versus other jurisdictions.  I'd seen a few good articles floating around about using the Daubert analysis to support the implementation of predictive coding.  Well, that's not going to help in the Golden State, where we follow the Kelly-Frye standard (aka the 'Kelly' standard).  I'd had a lot of exposure to this during my days at the Los Angeles County District Attorney's Office.  Ask me, sometime, about how my boss and I successfully used a "Sweet'N Low" packet to impeach the defense's scientific evidence in a criminal case, once.  I suppose today, we would have called it the Splenda Gambit…

I won't post until I have the time to do the quality job you expect, so look for them a little ways down the road.  In the meantime, enjoy your weekend!

e-Discovery California: Proposed Formal Opinion Interim No. 10-0003 (VLO) is the Right Answer to the Wrong Question

42.  (That's for those of you who picked up on the 'Hitchhiker's Guide to the Galaxy' reference).

I usually don't feel it necessary to refer you to my disclaimer but, because this is a State Bar of California opinion – and I'm Vice-Chair of their Law Practice Management & Technology Section Executive Committee (LPMT) – I want to remind you that:

MP900442177
"This blog site is published by and reflects the personal views of Perry L. Segal, in his individual capacity.  Any views expressed herein have not been adopted by the California State Bar's Board of Governors or overall membership, nor are they to be construed as representing the position of the State Bar of California."

The LPMT Executive Committee may publish its own, 'official' comments, to which I may also contribute.  That being said…

Technology is an extremely logic-based discipline, in its purest form; or it should be, at least.  Indeed, like the practice of law, success or failure is predicated upon compiling and understanding a particular set of facts, then realistically acting upon those facts.  Note my emphasis on the word, 'realistically'.  If I wish to suspend disbelief and begin with a set of unrealistic criteria, I may be equally able to formulate a reasonable solution, assuming it's possible to locate someone – or something – that fits the original, unrealistic premise.

This is my assessment of Formal Opinion Interim No. 10-0003 (Virtual Law Office).  It's actually a very well-crafted opinion, but it's based on a 'Statement of Facts' that, to me, are an unrealistic portrayal of how an attorney practices – or would practice – law.

First, there's no reason for me to re-invent the wheel.  For another excellent nuts & bolts assessment of the opinion, please see Stephanie Kimbro's post on her Virtual Law Practice blog.  She's an authority on the Virtual Law Office and is also cited as a resource on page one of the opinion itself.

From a pure cloud security standpoint, this is an excellent document and a perfect complement to opinion 2010-179 on wireless networks.  In fact, I would recommend that practitioners ignore the hypotheticals for a moment (especially if they're pressed for time) and proceed to the Discussion heading, Section 1 ("Duties"), which is what I'm doing for the purposes of this post.

Section 1 examines confidentiality issues of employing a cloud-based system with a 3rd-party vendor and provides a five-point list of due diligence factors that includes, but isn't necessarily limited to:

  1. The Credentials of the Vendor
  2. Data Security (Well, that's not very helpful, but it goes on to refer the reader to California, New York and ABA opinions for guidance)
  3. Vendor's Transmission of Client Info in the Cloud Across Jurisdictional Boundaries or Other 3rd-Party Servers (You've heard – or read, I suppose – me pontificate on that one; the "digital roach motel" and "know where your data is")
  4. Attorney's Ability to Supervise the Vendor (As I've reminded you often, you may hire competence, but not delegate this duty)
  5. Terms of Service of Contract with the Vendor (This is huge where the cloud is concerned.  For example, many provider contracts contain language to the effect that, "Once you transfer it to us, it becomes our property.", a major no-no for attorneys)

It also points out the security environment must be periodically reassessed, which is terrific advice.  I usually refer to it as "fire drills".  Finally, it points out that none of this may take place without proper disclosure to the client, who may, by the way, have no idea how any of this works.

Section 2 examines competence issues as follows:

  1. Proper management of attorney's intake system to determine one of the basics; "Who is the client?"
  2. Determining whether attorney may perform the requested services
  3. Determining that the client comprehends the services being performed (This document also refers to comprehension issues due to a language barrier)
  4. Keeping the client reasonably informed
  5. Determining that the client understands technology (When I read #3 above, it immediately triggered the thought that technology is another language both attorney and client must understand…)
  6. Determining when to decline to represent a client via a VLO, and whether representation may continue through traditional means

This section also re-raises the supervisory issue, but this time it's in terms of the attorney supervising other attorneys and/or non-attorneys.

Ok, so you know what I like, now let's get into what I don't like.  The hypothetical describes the VLO as a password-protected and encrypted portal that sits on a 3rd-party cloud.  So far, so good.  But then, it goes on to say that the attorney plans not to communicate with clients by phone, email or in person, but will limit communication solely to the portal.

Yeah, that covers a lot of us, doesn't it? 

I understand that it's possible for attorneys to communicate this way, but is it probable?  Does this opinion realistically apply to most attorneys; now and even into the future?  I'm not trying to be snarky here, but you can't blame me for being a tech guy.  Immediately, my mind wanders to what would likely happen in this scenario.  A technology or communication issue arises and the frustrated attorney – or client – resorts to email or a phone call.

And what about secrecy?  No, I'm not alluding to some nefarious purpose.  There are legitimate reasons why attorney and/or client might not want to document ideas or discussions – electronically or otherwise – in the short-term (what comes to mind is a nervous potential client who has invented a new product, but doesn't want to provide a lot of written detail to attorneys, while soliciting the representation of several of them, for fear that the inventor's intellectual property will be revealed).

The second thing that bothers me is the "Issue" statement that opens the opinion.  It states, verbatim:

"May an attorney maintain a virtual law office practice ("VLO") and still comply with her ethical obligations, if the communication with the client, and storage of and access to all information about the client's matter, are all conducted solely through the internet using the secure computer servers of a third-party vendor (i.e., "cloud computing")."  [Italics/bold added.  It's posed as a question, but in the text, the paragraph ends with a period – not sure if it's a typo that will be corrected in a later version].

What's the danger here?  Hello?  Facebook is the cloud!  Google is the cloud!  Email is the cloud!  A lot of communication is taking place – right now – through means not anticipated in this opinion.  What I'm saying is, if one removes the term, "VLO", from this document, it could just as easily apply to methods attorneys use to communicate with their clients on a daily basis, while at the same time, being completely unaware that many of these products are in the cloud.

It also fails to anticipate one other factor; what will happen the day these measures apply to all cloud-based technology (that day is coming, and in some cases, is already here).  As it stands today, if most attorneys attempted to comply with these security measures, law practice as we know it would grind to a halt.

Better start preparing now…