Information Bytes

The law blog for data with people problems

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Most people have elevated stress during the holiday season — work, travel, family, money, time.  And holiday stress can make people inattentive, tired, frustrated, and willing to take short cuts, especially when it comes to computer and Internet use.  This is when mistakes happen.  It’s when we decide to evade policy by emailing work home or by using the unsecured airport Wi-Fi because our plane is delayed.  It’s also when malicious acts of information theft,…
As technical security improves, human security vulnerabilities are increasingly in the bulls-eye.  For a fresh look at social engineering, and how best to defend against it, there’s no better source than a hacker.  So, I reached out to Cliff Smith, Ethical Hacker & CISSP at Parameter Security, for his take on the current social engineering battleground.  Here’s what he shared: Confidence games have been around forever.  Is there anything fundamentally different about social engineering…
Whew – we’ve survived yet another round of states enacting or amending their PII breach notification laws.  If a trial lawyer’s vacation is the time between her question and the witness’s answer, a data security lawyer’s vacation is when state legislatures are out of session. Back in 2002, California enacted the first state law mandating notification of individuals whose personally identifiable information (PII) is breached.  Now every state has followed suit, with the final two holdouts, Alabama…
Last week’s post explored why law firms need data security policies.  Before we move on, I’d be remiss if I didn’t mention another policy that’s absolutely crucial for the law firm’s data security posture – a records management policy, coupled with an up-to-date and legally validated records retention schedule. What does a records retention schedule have to do with data security?  Simply this – keeping data without a legal or business reason exacerbates data security…
You’d think, among all types of businesses, that law firms would be at the front of the pack in having a data security policy.  After all, law firms regularly tell their clients how important it is to have effective policies in place for legal compliance and risk management.  And law firms certainly possess large volumes of valuable data, such as confidential client information and individual’s personal data, and are subject to a daunting array of…
If you had a choice between doctors to perform surgery on you, which would you pick:  a doctor who has sat through training on how to perform an appendectomy; or assurance that your doctor will successfully perform your appendectomy? The answer seems obvious, but on the topic of dealing effectively with human vulnerabilities in cybersecurity, most of us seem satisfied with “awareness training.”  It’s a check-the-box response to regulatory compliance or client demands.   Sign everyone up for…
The indictment filed last Friday by Special Counsel Robert Mueller explains how Russian military intelligence officers hacked into computer systems of the DNC, the DCCC, and Clinton Campaign employees during the 2016 presidential race.  With sweeping, specific details that have compelled unanimous confidence among Americans (except apparently our President), the 29-page indictment is a textbook on sources and methods.  No, not intelligence-gathering sources and methods, which are of course highly classified.  Instead, the indictment…
I keep getting asked about Cambridge Analytica and Facebook.  And no one seems to like my response – I’m frankly amazed that this all took so long to blow up.  How long?  How about since 1973.  That’s when the U.S. Department of Health, Education, and Welfare first articulated the Fair Information Practice Principles (FIPPs or FIPs) in its report Records, Computers, and the Rights of Citizens: Report of the Secretary’s Advisory Committee on Automated Personal Data Systems
Testing for technical vulnerabilities is a key part of security risk assessment.  To get the straight scoop on technical vulnerabilities, and how they’re exploited, why not ask a hacker? Dave Chronister is an ethical hacker, a Certified Information Systems Security Professional, and the co-founder and managing partner of Parameter Security.  To borrow from the Farmer’s Insurance commercials, Dave knows a thing or two because he’s seen a thing or two.  He started early –…
Would you take a deposition by solely following a template of standard questions, without assessing the unique issues and circumstances of the case?  Or conduct transaction due diligence by simply marching though a generic punch list, without assessing the unique aspects of the company, the deal, and the industry?  Of course not.  Your law firm’s data security posture is no different – you need a security risk assessment to understand your firm’s unique vulnerabilities to…