Confidentiality in a Digital World

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Confidentiality in a Digital World David Whelan, Manager, Legal Information The Law Society of Upper Canada

description

This presentation was given to lawyers preparing to start practice in Ontario, Canada, as part of an introductory course. It is meant to provide an introduction to some considerations relevant to lawyers who store confidential client information electronically. It was given on December 16th in Toronto.

Transcript of Confidentiality in a Digital World

Page 1: Confidentiality in a Digital World

Confidentiality in a Digital WorldDavid Whelan, Manager, Legal InformationThe Law Society of Upper Canada

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BE AWARE

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Risk Exists Without Technology

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Risk Exists Without Technology

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Risk Exists Without Technology

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Risk Exists Without Technology

I'm in a Starbucks & bunch of lawyers are talking about a client's email trail problem: clearly see their own speech trail as no problem

- from Twitter April 29, 2010

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Location, Location, Location

Home

OfficeMobile

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Laptops and Mobile Devices

2009 ABA Legal Technology Survey Report

Home Hotel Airport In Transit Client Office Courtroom Other Lawyer's Office

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Laptop Handheld

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CHECKLIST

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Risk Assessment Checklist

Unintended Portability

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Assume Everything is Portable

• Lock office doors• Place server(s) in

locked room• Physically secure all

devices– Desktops– Laptops– Handhelds

On 7/7/07, <NAME PROTECTED> <EMAIL PROTECTED> wrote:

SUBJECT: Stolen Server

One of my clients is a law firm… on the 4th of July, someone broke into their office and stole the server as well as all of their computers. Luckily they had a good backup plan, so they didn't lose any data from the server.

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Avoid Security Through Obscurity

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Avoid Security Through Obscurity

US $39, getaheadcase.com

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We May Be the Weakest Link

Airport Insecurity: The Case of Missing & Lost Laptops, Ponemon Institute, 2008

~12,000 laptops

LOSTeach week atU.S. airports

Only 1/3d Recovered

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Risk Assessment Checklist

Unintended Portability Defend Against Attacks

Review defaults Passwords Harden your defenses

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Review Defaults

Internet

PasswordsWhat’s Shared

What’s Broadcasting

PasswordsPasswordsAdd Security

Change Name

Network hardware

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Passwords

• Lots and lots of passwords– E-commerce and banking Web sites– E-mail accounts in your firm and on the Web– To access your phone, your laptop, Windows

• Make them complex• Make them unique• Test them• Write them down

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Passwords

• Most popular password? 123456• Try for eight characters or more• Use a site like Passwordmeter.com to get tips• Ideal password is random – good luck with that• Start with something you can recall

– Weak 15%: commonlaw– Better 70%: C0mm0nl&w– Best 92%: C03m0nL&w

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Passwords

• Know where your passwords are– Gawker Media hacked December 12, 2010– 200,000 passwords cracked immediately

• 1,958 used password• 681 used qwerty• Other popular: 123456, 12345678, abc123

Password AGawker.com

Exploit A

Passwords B/CTwitter.com

Campfire.com

Exploit B

Passwords D/E/…Other staff

Other non-staff

Exploit C

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Harden Your Defenses

InternetNetwork hardware

SoftwareAnti-virusAnti-malwareBrowser securityFirewall

HardwareFirewallIntrusion Detection

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Risk Assessment Checklist

Unintended Portability Defend Against Attacks

Review defaults Passwords Harden your defenses

Reduce Your Risk Encrypt your data Don’t carry any data you don’t have to Protect the data you leave behind

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Encryption Reduces Impact of Loss

Client’s notebook PC & removable hard drive were stolen . . . . Hard drive was unencrypted and contained 10+ yrs of personal and business financial data . . . .

”E-mail to Solosez discussion list, November 2009

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Encrypt Your Data

• May require you to start the encryption tool

• Encrypts everything you place in the encrypted volume

• Can be closed without turning off computer

• Can be treated as file

• Starts with computer• Encrypts everything

whether it needs it or not

• No user interaction

Partial Disk Full Disk

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You Can Take It With You: Don’t!

• The need for portable media is nearly gone• If you have Internet access, use cloud-based

file access tools– Synchronization ( Dropbox, Sugarsync )

• Synchronize files between your computer, their servers, and your other devices

• Delete a file, and it is deleted from their servers

– Tonido• Creates an encrypted tunnel to your files

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Encrypt from End to End

Username

*********

https://http://

https://

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3 Reasons to Leave Data Behind

1) Storage devices are getting smaller and easy to lose

2) Someone who finds your lost device can almost always recover deleted data from it

3) A laptop traveling in standby or hibernation mode retains your decryption keys in memory

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Protect Your Data

• Back up your data– Use a secure online backup like Mozy, Carbonite– Use a portable drive that you can physically secure

• Use preventative measures on handhelds– Remote locating apps– Remote destruction apps

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Risk Assessment Checklist

Unintended Portability Defend Against Attacks

Review defaults Passwords Harden your defenses

Reduce Your Risk Encrypt your data Don’t carry any data you don’t have to Protect the data you leave behind

Manage Your Mobility

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“Sharing, Sharing, Sharing”*

* Beaver Scouts motto

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Manage Your Mobility

• Disable Bluetooth and wireless antennas when you’re not using them

• Disable Windows File Sharing• Use an encrypted connection AND connect to

encrypted resources

Baaaaaa…..Firesheep

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Risk Assessment Checklist

Unintended Portability Defend Against Attacks

Review defaults Passwords Harden your defenses

Reduce Your Risk Encrypt your data Don’t carry any data you don’t have to Protect the data you leave behind

Manage Your Mobility

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Conclusion

• Maintain control of your data– Requires prior planning to prevent loss– Requires creating practices to minimize possibility

of loss• Embrace technology thoughtfully

– You can be efficient and careful– Be aware of where you are and be mindful of

what you are doing and sharing

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Thank You!

• David Whelan– Manager, Legal Information

The Law Society of Upper Canada– [email protected]– Twitter: @davidpwhelan