Sunbelt Blog

How Safe is Your Data?

Remember when company data rarely left the corporate network? The files you created were stored on either your desktop computer's hard drive or on a server inside the building. Backups of these files were created on physical tape drives which were securely stored in fireproof boxes. Today, company data isn't neatly contained. Your firm's attorneys likely have laptops and PDAs. Your employees, especially telecommuters, may share data through online file sharing and collaboration sites like Google Documents. Employees may take files home on USB thumb drives. Your main server may backup data to an online data backup service. Technology has allowed your firm greater mobility; however, is your data safe and secure?

While corporate networks are not immune to security breaches, each piece of data that is stored outside of the company's network is vulnerable. What if an attorney's laptop is stolen? What if a telecommuter stores a file online and forgets to mark it "private"? What if an employee loses a USB thumb drive containing confidential files? What if the online storage provider's system is compromised?

Whenever you allow data outside of the corporate network, you lose control over it. This is a problem companies of all sizes and industries are grappling with. Of particular concern is data subject to confidentiality restrictions. While losing a document covering a staff meeting's agenda would be a short term problem, losing confidential data related to a pending case would be devastating. In addition, specific acts such as the Privacy Act of 1974, the Health Insurance Portability and Accountability Act (HIPAA), and the Gramm-Leach-Bliley Act, regulate how certain types of information can be transferred and stored.

Assuming that your firm's data is stored according to any applicable regulations, how safe is it? Is the data encrypted as it travels from one computer to the next? Are data backups encrypted when stored online? Is the physical building where your online data resides secure? Even with safeguards in place, online service providers can encounter problems. We've all heard of stolen laptops and major hacker attacks that have compromised credit card and social security numbers of millions of individuals. In addition, last March, Google discovered its Documents and Spreadsheets application had experienced a breach where some documents had been shared with unauthorized users.

So, what should you do? First, evaluate your firm's current data patterns. Where is data created? Where is it stored? How is it transmitted? How is it secured at all points? You may need to invest in technologies designed to secure mobile data or contract with regulation-compliant partners. If using online backup or collaboration services, you'll need to review all privacy policies to make sure that the provider has appropriate safeguards in place.

Once you have a better understanding of where your firm's data originates, how it is transmitted, and how it is stored along with a plan for securing any areas of weakness, consider creating a formal data policy. For example, is it okay for an attorney to take a USB drive home to work on files on her personal computer over the weekend? If so, is she allowed to save a local copy on her home PC? If so, what types of security measures should her personal computer have in place? As you draft your data policy, you'll run into even more questions like these, reinforcing the need for restricting and securing firm data.

Technology has made the mobile workforce a reality, bringing with it both benefits and new challenges. Recognizing that data is at risk is an important first step in ultimately securing it.

Arizona Sets Metadata Precedent

A recent Arizona Supreme Court ruling that government agencies must release an electronic document's metadata has made the news in the state and is likely to set a precedent as other states grapple with public records laws. The unanimous late-October ruling overturned an earlier Arizona Court of Appeals ruling saying that metadata is not a public record.

In the October 2009 Opinion, Justice W. Scott Bales wrote, "We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws."

Metadata, or "data about data," is hidden information embedded into electronic documents. One of the easiest ways to understand metadata is to open a typical Microsoft Word document. When you open the document, you see the document's text, right? Let's say that the document is a letter. You will see the date as well as the text of the letter on your computer screen. However, dates can easily be changed in a Word processor. How do you know if the date displayed is the date the letter was written? Metadata will tell you. You can check this yourself in Word 2007 by clicking on the Office button, clicking Prepare, and then clicking Properties. (In earlier versions of Word, go to File > Properties).

At first, basic metadata will appear including the author of the document and any user-generated entries such as comments, keywords, and title. Click on Document Properties > Advanced Properties and then click on the Statistics tab to view additional metadata. Now, you will see the document's creation date as well as dates when the document was modified, accessed, and printed.

In fact, the Arizona ruling stems from employment discrimination case where a demoted police officer requested public records, which happened to be his supervisor's notes, from the City of Phoenix, received paper copies of the records, and then suspected that the original notes had been backdated. The metadata of the original document could confirm or deny those suspicions, but the city denied the officer's request, citing an over 50-year-old Arizona Supreme Court ruling.

The case made its way up to the Arizona Supreme Court which finally overturned the Court of Appeals ruling that the City of Phoenix did not need to provide the electronic record's metadata.
Justice Bales wrote, "The metadata in an electronic document is part of the underlying document; it does not stand on its own. When a public officer uses a computer to make a public record, the metadata forms part of the document as much as the words on the page. . ."

The issue of electronic documents and their underlying metadata isn't unique to Arizona. Arizona's opinion that metadata is part of the underlying document certainly gives us something to think about. Your thoughts? Will this ruling influence other public record laws across the United States? Should a document's creation date, modification date, print date, and other hidden data be disclosed along with the words on the page?

The Legal Pad Goes High Tech

Still taking notes on a legal pad? While The trusty legal pad has its place, transcribing your notes is tedious and time consuming. Digital pens are changing the way many professionals take notes. These gizmos store your written text within the pen. Simply take notes, draw diagrams, or even record audio (if equipped) and then transfer the notes to your computer. Once transferred, your notes and drawings can be stored or shared with others. Depending on the type of pen you have, you can convert your written notes to text and import the text into a word processor.

Digital pens are certainly neat, but how might you put your pen to good use in your practice? After all, you already have computers, audio recorders, and PDAs. However, it's not always practical to lug a laptop into meetings and audio recorders are often challenging to find nuggets of information. Equipped with an audio-capable digital pen such as the LiveScribe SmartPulse, you can take notes while recording audio. Once recorded, simply tap a word on the page and hear the recording at that point in time.

Digital pens are terrific for those times when a computer is either inconvenient or inappropriate. For example, when meeting with a potential client for the first time, storing your notes on a laptop puts a barrier between you and the client. Instead, imagine jotting down notes on a simple legal pad as normal. Only in this case, you'll later be able to transfer your notes to your computer and convert them to text! If your digital pen has audio, you can also record the session, marking crucial information with an audio bookmark on the page. For instance, when you ask the client, "What happened?" write down the words "What happened" on the page. When the client is discussing her medical bills, write down the words "medical bills" on the page. Later, when you need to review your notes, tap the words on the page related to what you need to review and hear the audio.

Another excellent use of digital pens is for diagramming. Imagine drawing a diagram of an accident scene and knowing that your diagram has been digitized. Later you can upload your drawing to your computer and share digital copies with your partners, client, and other parties via email.

Some digial pens allow you to write directly on computer images, working much like graphic tablets. When giving a giving a presentation, this type of digital pen allows you to draw images, write text, or otherwise emphasize key points onscreen.

While the possibilities may capture your imagination, digital pens are not created equal. Some require special paper while others work beautifully with a standard legal pad. Some come with handwriting recognition software; others do not. Some digital pens record audio; most do not. Most digital pens connect to a computer via a USB connection though Bluetooth connectivity is starting to become more readily available.

Before you purchase a digital pen, consider how you will use it in your practice. Do you want to combine text with audio recordings? Do you need handwriting recognition or are digital copies of your written notes sufficient? Do you want to be able to write on any type of paper or are you okay with purchasing specialty legal pads? If possible, demo a unit before you buy because each digital pen has its pros and cons. For example, pens that require special paper are far more accurate than those that use plain paper because the special paper uses a sophisticated grid and infrared camera to digitize your pen strokes. The plain paper pens digitize your pen strokes through the use of a transmitter and receiver. If the reciever is bumped, the electronic writing area is also bumped which can cause lines of text or graphic drawings to be distorted compared to the original.

The legal pad has gone high tech. How will you put this technology to use in your practice? Share your ideas with us!

A Law Library in the Palm of Your Hands?

Amazon's Kindle, Sony's Reader, and now Apple's iPad have captured the imaginations of booklovers around the globe. Have they captured yours? While having access to millions of eBooks at your fingertips may make you want to curl up on the couch with a mug of hot chocolate for a few hours of escapism, these eReaders have practical applications as well. Imagine having an entire law library in the palm of your hands!

A quick look at Amazon's Kindle Store displays the store's bestsellers. Enter the term "law books" into the search box and you'll find a large selection of law books covering constitutional law, civil rights, general law, and human rights. If you drill down a little deeper, you'll soon find The Dispute Resolution Law Book Store where you'll find law books and legal guides both in print as well as for wireless delivery to the Kindle. Categories include: U.S. Law Books, International, Arbitration, Mediation, Paralegal, Ombudsman, Conflict Resolution, Self-Help Guides, Legal Forms, Student Textbooks, Bar Exam Guides, Kindle eBooks, Divorce Books, and Estate Planning.

Not to be outdone, Sony's eBook store is also loaded with law books with categories that include: business law, civil law, criminal law, family law, general law, government, legal reference, and property and tax. In addition, Sony's eReaders can connect to your local public library where you'll be able to browse for compatible digital law books that you can checkout and download. Sony also offers a huge library of public domain books in conjunction with Google Book Search.

Apple's iPad, a tablet computer-like device that also doubles as an eBook reader, has not yet hit the market. However, it will feature an online bookstore just as Amazon and Sony have created. The iBookstore will feature downloadable eBooks and it is presumed that some of them will fall under the law books category.

Each of the three big players in the eBook industry uses a different platform. For example, Kindle eBooks are compatible only with the Kindle and devices equipped with Amazon's software. Sony uses Adobe software which has been embraced by booksellers and public libraries as well. Recent reports indicate that Apple's iPad will use yet a third format for its digital books.

While you can certainly find law books available in Amazon and Sony's digital marketplaces, other sources of digital books exist. For example, Lincoln Memorial University's Carnegie-Vincent Library features access to law-specific eBooks and eBook journals. Among the digital collections available to students: AudioCase Files, BNA's Core Collection, CALI (Computer Assisted Legal Instruction), eBrary, FastCase, Gale Digital Libraries, Google Scholar, Hein Online, Index to Legal Periodicals 1908-1981, Lexis Congressional, LexisNexis, NetLibrary, and WestLaw. This is but one example of a university library making access to digital information a simple matter of signing in.

If you're interested in eBook readers, check with your alma mater's library and see what types of digital law books are available to you and which formats are most prevalent before you buy a reader. Next, explore the eBook stores from Amazon, Sony, and Apple to get a feel for the availability of law books in your practice area. Finally, consider how you will access and download the eBooks, journals, and periodicals. Is wireless access a must? While the Kindle has always had wireless capabilities, Sony has finally introduced a wireless Reader.

It took a few years for eBooks to capture the imagination of booklovers. Now that the technology is in place, have e-law books captured your imagination?