For the Defense - Vol. 7, Issue 4 - 37

2. Secure your Internet connection.
* Likelihood of disclosure if additional safeguards are
not employed.
If you ever connect to the Internet from restaurants, hotels, and
so on, make certain you have a secure connection. The best way
to have a secure connection is to use a VPN client.5
A VPN client
encrypts the data you send and receive over the Internet. Even the
Internet provider cannot see the details of what you are doing on
the web when you use one of these clients. Do not freely use such
connections without adding security. Otherwise, those with the
right technology will be able to see what you transmit. This includes
client information as well as your personal information, such as
your bank account username and password. (I use Nord6
client, but there are many options available.)
for my VPN
Remember, your office is only as secure as your weakest
connection. If staff connect from home or while traveling while
using an insecure Internet connection, this could easily become a
source of attack. Make certain that people who work from home
secure their WiFi connections properly.7
In the case of employees
who are not comfortable with technology, it may be necessary to
send an IT expert to their home to secure their WiFi.
3. Put your data in the cloud.
It is ethically acceptable to store client data in the cloud if you
take the correct steps when choosing your provider.8
There are
many reliable services you can use to put your data online. What
service is best for you will depend on your needs and the size of
your firm. In a larger firm, you might want to create your own
cloud. In a smaller firm, you will likely want to use a service that
already exists. When you put your data in the cloud, you can easily
access it from anywhere with a secure connection.
It is very important to be aware that some cloud providers do
not offer the appropriate level of security. These providers keep
your data secure while it is on your computer or while it is on the
provider's server. But not while the data is travelling between the
two. If you choose to use one of these providers, it may be necessary
to add additional encryption to protect your clients' data. Dropbox,
while a very popular provider, has this problem. SpiderOak, on the
other hand, is very secure. In addition, SpiderOak is Zero Knowledge.
This means that no one at SpiderOak can access your password.
Another popular and secure option is OneDrive. OneDrive comes
with Microsoft 365. Microsoft 365 is Microsoft's subscription service
for things such as an email account, Office Suite software, and
storage.9
How much security you need for your files depends on the
level of risk to your specific type of data. Pennsylvania Rule of
Professional Conduct 1.6(d) addresses protecting client data.
Comment 25 provides the factors to consider when determining
the level of protection required. Comment 26 provides further
guidance as relates to obligations to protect data while it is being
transmitted. Comment 25 provides a safe harbor for lawyers who
take " reasonable " steps to protect client data.
* Sensitivity of the information.
* Cost of employing additional safeguards.
* Difficulty of implementing the safeguards.
* Extent to which the safeguards adversely affect the
lawyer's ability to represent clients.
* Consider relevant laws (such as HIPAA) or client
requests for additional security.
Make certain that the provider puts a copy of all files locally on
your computer. This way, even if you lose your Internet connection,
you can still access your files. These copies should sync across all
computers with a proper service.
It is critical that you and your employees understand how to
properly share files through the cloud provider. It is easy to share
the wrong folder or file by mistake if you do not know what you are
doing. This could cause serious damage to your clients' cases as well
as your reputation if the matter ends up in court.
4. Back up your data.
You should have at least two backups of all data. These backups
should take the form of two different cloud providers, or one cloud
provider and one local technology. If you use a local technology, be
sure to encrypt it.10
The benefit of a local backup, such as on a server
or an external drive, is that the restoration can often be done faster.
However, external drives are easily stolen, or destroyed in case of
fire or water. Therefore, a cloud backup is also necessary.
Consider having a mirror image11 of your hard drive(s). A mirror
is a complete copy, including the installation of software. If a
computer or its hard drive fails, a mirror allows for quick set up of
a new machine. These mirrors can also be cloud-based and kept off
site.
5. Get a VPN.
This is the second time I mention VPN. Previously I was discussing
a VPN service that you purchase and use to secure your connection
while traveling. This second type of VPN is one you should use when
connecting your out-of-office to computer to your office network.12
VPNs provide encryption to make certain the data you are
sending back and forth over the Internet is secure. Many operating
systems include the ability to set up a VPN. However, there is also
both hardware and software you can use instead.13
Some choose
to use services such as GoToMyPC. This is an easy way to set up a
connection to your office, but it tends to cost more over the long
term. Make certain to secure any device which provides access to
your office.
6. Use VOIP for your office phone service.
VOIP stands for voice over internet protocol. Not only does a
VOIP service allow you to connect your office phone through the
Internet, but many services allow you to easily take your phone
Vol. 7, Issue 4 l For The Defense 37
For the Defense - Vol. 7, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 4
