Category Archives: Privacy

The Mobile Lawyer & Professional Responsibility: Friday in Long Beach



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Just a quick reminder that I'm presenting Program #19 at the Calbar Solo and Small Firm Summit in Long Beach, California:

The Mobile
Lawyer & Professional Responsibility: Confidentiality in the Digital Age

Friday, June 21, 2013 
1:15 p.m.-2:15 p.m.

Lawyers
are open for business 24-hours a day. 
They communicate via Twitter & Facebook, on smartphones, tablets
& notebooks – in coffee shops, taxicabs, airports and on airplanes.  This program reviews recent COPRAC opinions
addressing technology
and provides tools to protect confidences and privacy for
both attorney and client.

It's not too late to register and join us!

Upcoming Presentation: Calbar Solo & Small Firm Summit: “The Mobile Lawyer & Professional Responsibility: Confidentiality in the Digital Age”

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I didn't intend for this blog to be a billboard for all of my 'stuff', but lacking much time these days, that's what it's been lately.  Since I'm already on a roll, I might as well tell you about a new program I'm presenting at the Calbar Solo and Small Firm Summit in Long Beach, California.  The Summit runs from June 20 – 22, 2013 and my program (#19) is entitled: 

The Mobile
Lawyer & Professional Responsibility: Confidentiality in the Digital Age

Friday, June 21, 2013 
1:15 p.m.-2:15 p.m.

Lawyers
are open for business 24-hours a day. 
They communicate via Twitter & Facebook, on smartphones, tablets
& notebooks – in coffee shops, taxicabs, airports and on airplanes.  This program reviews recent COPRAC opinions
addressing technology
and provides tools to protect confidences and privacy for
both attorney and client.

Hope to see you there!

eDiscovery California: Social Media Laws Take Effect Jan. 1, 2013

CTD - LaptopWelcome back, all.  I hope you had a nice holiday and are fully rested so that you may now spend the rest of the season…at the mall!  We're getting close to the New Year and as is true each time we approach January 1st, we have a bunch of new laws taking effect.  California employers and post-secondary institutions should take note of two of them; AB 1844 and SB 1349.  Both were signed into law by Gov. Jerry Brown back on September 27th, 2012.

Although the language in each bill is different, essentially, AB 1844 prevents employers (also potential employers) from demanding, using or exploiting an employee's (or potential applicant's) social media passwords and information.

SB 1349 is substantially similar, except that it applies to post-secondary institutions; both public and private.

There is speculation in the media about the necessity of these types of regulations.  Many believe that a substantial risk of invasion of privacy doesn't exist.  Maybe not; but moving forward, I believe the risk will increase exponentially.

What's next – bionic mannequins???

Perry Segal Discusses the Cloud, Privacy & Attorney Ethics on KUCI Irvine 88.9FM – Monday, Nov. 12th at 8:00 a.m. PST

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I guess the headline says it all, except I'd like to add that the interview will also be available as a podcast via iTunes.  I will also post an MP3 here Monday.

Here's a few of the additional details:

Privacy Piracy (88.9FM and www.kuci.org), a half-hour public affairs show with no
commercials broadcasts from the University of California, Irvine campus on
Mondays from 8:00 a.m. – 8:30 a.m. Pacific Time.  To learn more
about the show and listen to archived interviews, please visit www.kuci.org/privacypiracy.

We are Not Alone

MP900409531A lot of people may not agree with me, but I stand behind this simple advice; assume you are being watched/followed/transcribed/recorded 24 hours a day, seven days a week.

Act accordingly.  Of course, the key is in balancing confidentiality without venturing over the line into paranoia.  I can’t help you, there.  It comes down to using your best judgment.

Or, you can do what Patrick Moran, the son of Congressman Jim Moran, did

Attack on Mobile Location-Privacy ‘Warrants’ Review

MP900302888I always chuckle when I hear people refer to California as the 'land of fruits and nuts' and loudly proclaim that it's a 'liberal state'.  I concede, the state is blue – at least when one examines it at surface level – but when you drill down a little further, it's not quite that simple.

Example?  As far as privacy is concerned, you'd have better luck in Ohio (State v. Smith)…

Based on two events that took place this week, it's clear that California (or more accurately, the Governor of California) and the Federal government appear to be in lockstep re their attitude toward location privacy; they don't believe you're entitled to it.

Politics?  Of course, that always plays a role.  Lack of understanding of technology?  Let me put it this way; a lot of the arguments I see in support of the position against requiring a warrant go something like this:

"People are aware that their cellular devices disclose their location and, therefore, have no expectation of privacy."  Yes – in the same way that people who drive cars know how to rebuild the engines.  It's a self-serving argument, at best.  For the average Joe, a more honest side-by-side comparison is that people know how to plug in a charger about as well as they know how to insert a gas nozzle.

If you're worried about location privacy, I have two words for you – coarse location.