Cybersecurity, Cybercrime, Privacy, and the Law. Protect Yourself, Your Family, Your Firm, and Clients (2023)
This is John's landing page for his CLE Event for the Franciscan University of Steubenville, and contains the CLE materials and links to additional resources.
On Friday October 13, 2023 from 9 a.m. to 4:30 p.m. ET John Bandler will present valuable knowledge about cybersecurity, cybercrime, privacy, law, and professional responsibilities for attorneys. It is live, in person, and hosted by Franciscan University of Steubenville, Ohio.
Attorneys will earn 6 CLE credits (continuing legal education, approved for OH, PA, WV).
- Ohio CLE Approved: 6 general
- PA CLE Approved: 6 substantive
- WV CLE Approved: 7.2 credits; 3.0 ethics
The Franciscan link to sign up for this webinar is **https://centerforcriminaljustice.com/product/cybersecurity-cybercrime-privacy-law **
The simple outline for this event (more details in the handout and event package)
- Hour 1: Cybercrime and cyberlaw introduced
- Hour 2: Technology and cybersecurity
- Hour 3: Laws and lawyer professional responsibilities
- Lunch break
- Hour 4: Virtual currency, cryptocurrency, and cybercrime
- Hour 5: Cybersecurity implementation
- Hour 6: Incident response and priorities to protect your clients and yourself
The outline for this event with linked CLE materials and additional reading
Hour 1: Cybercrime and cyberlaw introduced
- Cybercrime
- Identity theft
- The Three Priority Cybercrime Threats
- Cyberlaw
- Criminal Law
- The Western Express Case
- Solving the cybercrime problem
- Cybersecurity for the Home and Office Chapter 2, The Black Market for Your Data: The Cybercrime Economy
- Cybercrime Investigations Chapter 2, What is Cybercrime and Why is it Committed
- Cybercrime Investigations Chapter 6, Cybercrime Defined: The Criminal Statutes Outlawing Criminal Conduct Online
Hour 2: Technology and cybersecurity
- Technology basics
- Cybersecurity for the Home and Office, Chapter 5 Basic Computer Principals
- Cybersecurity for the Home and Office, Chapter 6 Basic Networking and the Internet
- Cybercrime Investigations, Chapter 3 Introduction to Computers, Networks, and Forensics
- Introduction to Cybersecurity and Information Security
- Bandlers Four Pillars of Cybersecurity
- Cybersecurity Frameworks and Guidance
- Cybersecurity things to know
- Risk
- Email security
- Two factor authentication
- Cybersecurity dial
- Cybersecurity for the Home and Office Chapter 4, Basic Information Security Principles
- Cybercrime Investigations Chapter 4, Introduction to Information Security and Cybersecurity
Hour 3: Laws and lawyer professional responsibilities
- Law
- Cyberlaw
- Privacy
- External Rules
- Cybersecurity Laws and Regulations Part 1
- Cybersecurity Laws and Regulations Part 2
- Bandlers Four Pillars of Cybersecurity
- Five Components for Policy Work
- Cybersecurity for attorneys
- Cyber Insurance
- Risk
Hour 4: Virtual currency, cryptocurrency, and cybercrime
- Virtual Currency (including cryptocurrency, virtual assets, and "value that substitutes for currency")
- Virtual Currency and Cryptocurrency References
- Cryptocurrency past is prologue: before and after FTX
- Cybercrime Investigations, Chapter 15, Financial Investigation: Following the Cybercrime Money
Hour 5: Cybersecurity implementation
- Introduction to Cybersecurity and Information Security
- Bandlers Four Pillars of Cybersecurity
- Cybersecurity Frameworks and Guidance
- Cybersecurity things to know
- Risk
- Email security
- Two factor authentication
- Cybersecurity dial
- Cybersecurity Policy (Free Version)
- Information asset inventory
- Cybersecurity Asset Inventory Forms for the Home
- Cybersecurity Tips From John Bandler
- Five Components for Policy Work
- Cybersecurity for attorneys
- Cyber Insurance
- Risk
Hour 6: Incident response and priorities to protect your clients and yourself
- Incident response
- Cybersecurity Laws and Regulations Part 1
- Cybersecurity for the Home and Office, Chapter 15, Troubleshooting and Responding to Your Own Incidents
- Cybercrime Investigation, multiple chapters (part of incident response is investigating what happened)
CLE Materials include
- My speaker bio
- A PDF of the slide deck will be available for download shortly after the presentation via this link ** To be posted shortly after the CLE **
- Cybersecurity Tips from John Bandler (one page tip sheet)
- Bandler's Four Pillars of Cybersecurity
- The Three Priority Cybercrime threats to protect against, including:
- Introduction to Cybersecurity and Information Security
- Five Components for Policy Work
- Cybersecurity, Privacy, You, and Your Organization
- Cybersecurity Laws and Regulations Part 1
- Cyber Insurance
- Risk
- Cybersecurity and Working from Home
- Cybersecurity book overview page
- Cybercrime Investigations book overview page
- Cybersecurity related forms you can use to inventory the information assets in your home or small organization (computer devices, data, accounts, network, etc.)
- Cybersecurity and Cybercrime Prevention (a comprehensive course outline, with extensive linked resources)
- Cybersecurity for attorneys (a short article followed by CLE resources)
- Cybersecurity things to know
Longer articles by John about cybersecurity, law, and lawyers
- A Day in the Life of an Attorney: The Cybersecurity, Technology, and Crime Risks We Face, John Bandler, New York State Bar Association Journal, July/August 2018, Vol 29 No 6, https://johnbandler.com/a-day-in-the-life-of-an-attorney-cybersecurity-technology-crime-risks/
- Cybercrime and Fraud Protection for your Home, Office, and Clients, John Bandler. American Bar Association GP SOLO magazine, Volume 34, Number 5, September/October 2017, https://johnbandler.com/bandler-john-cybercrime-fraud-prevention-aba-gp-solo-septoct-2017/
- Prepare for and Plan Against a Cyberattack, John Bandler, American Bar Association Journal, July 2018, http://www.abajournal.com/magazine/article/prepare_plan_against_cyberattack
- Network Cybersecurity in Your Home and Office, John Bandler, American Bar Association GP SOLO Magazine, March/April 2018, Vol 35 No. 2, https://johnbandler.com/network-cybersecurity-home-office/
- Lawyers, Drugs and Money: AML in Popular Media, John Bandler, ACAMS Today, March 20, 2018, Vol 17 No. 2, https://www.acamstoday.org/lawyers-drugs-and-money-aml-in-popular-media/
- The Cybercrime Scheme That Attacks Email Accounts and Your Bank Accounts, John Bandler, Huffington Post, August 3, 2017, https://www.huffpost.com/entry/the-cybercrime-scheme-that-attacks-email-accounts-and_b_59834649e4b03d0624b0aca6, hosted here too.
ABA Formal Opinions
- ABA Formal Opinion 477R (revised May 22, 2017), Securing Communication of Protected Client Information. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_opinion_477.pdf
- ABA Formal Opinion 483 (October 17, 2018), Lawyers’ Obligations After an Electronic Data Breach or Cyberattack. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_op_483.pdf
- ABA Formal Opinion 498 (March 10, 2021), Virtual Practice. https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-498.pdf
NYS Rules of Professional Conduct for Attorneys
The NYS Rules of Professional Conduct for Attorneys is found in the New York Code of Rules and Regulations (NYCRR) Title 22 (Judiciary) Part 1200 (Rules of Professional Conduct). Or, for short, 22 NYCRR 1200. Relevant are portions on the attorney duties of confidentiality, competence and more. You can find the rules here:
- NYS Rules of Professional Conduct on Westlaw (public access)
- NYS Rules of Professional Conduct via NYSBA with comments as amended through 8/2/2022
- New York State Bar Association (NYSBA), https://nysba.org/attorney-resources/professional-standards/
- NYS Courts - Legacy versions are readily available, individual orders are too, so this is not as helpful http://ww2.nycourts.gov/rules/jointappellate/index.shtml
NYS newish cybersecurity CLE requirement (order signed 6/10/2022, effective 1/1/2023 and 7/1/2023)
Attorneys admitted in NYS now must earn CLE in cybersecurity
- NYS Courts Categories of CLE Credit as Defined in the New York State CLE Program Rules 22 NYCRR 1500.2(c)-(h), https://www.nycourts.gov/LegacyPDFS/ATTORNEYS/CLE/NY-CLE-Program-Rules-22-NYCRR-1500.2c-h.pdf
- NYS Courts FAQs on Cybersecurity, Privacy and Data Protection, https://www.nycourts.gov/LegacyPDFS/attorneys/cle/Cybersecurity-Privacy-and-Data-Protection-FAQs.pdf
- NYS Courts Guidance Relating to the New Cybersecurity, Privacy and Data Protection Category of CLE Credit, https://www.nycourts.gov/LegacyPDFS/attorneys/CLE/Cybersecurity-Privacy-and-Data-Protection-Guidance-Document.pdf
- Joint Order of the Judicial Departments of the Appellate Division of the New York State Supreme Court adding a cybersecurity, privacy, and data protection CLE requirement amending Title 22 NYCRR 1500.2 et seq. (and sequence) at this link (too messy to spell out)
NYSBA's 2020 recommendation about cybersecurity training (their recommendation became a rule, so just see the rule above)
- NYSBA Recommends Cybersecurity CLE Requirement (2020), https://nysba.org/new-york-state-bar-association-recommends-cybersecurity-requirement-include-cle/
- NYSBA Report recommending cybersecurity CLE, https://nysba.org/app/uploads/2020/06/3.-Report-and-recommendations-of-Committee-on-Technology-and-the-Legal-Profession-Agenda-Item-9-with-comments.pdf
Learn more about privacy law
Learn about the CIPP/US certification and my course on privacy and cybersecurity law.
- About the CIPP/US Certification, How to Study for It, and Reference List
- My coupon code at the Infosec Institute
- Privacy (My simple blog article gets you started)
To explore more of this site:
John's CLEs for attorneys on cybersecurity
In 2017 my first book was published, Cybersecurity for the Home and Office, The Lawyer's Guide to Taking Charge of Your Own Information Security, from the American Bar Association (ABA).
Since then I have been providing continuing legal education (CLE) to attorneys about cybersecurity, securing information assets, and using them more efficiently.
Some are afraid of technology and cybersecurity but should not be. It is a learning process, everyone can learn and improve.
This presentation is geared for lawyers and law firms, to comply with the cybersecurity CLE requirements. What is the difference between cybersecurity for lawyers and cybersecurity for others? We will cover those nuances, but the main takeaway is that good cybersecurity principles apply to all.
This page is hosted at https://johnbandler.com/cybersecurity-cybercrime-privacy-franciscan-cle-2023, copyright John Bandler all rights reserved.
This is a page created for a specific CLE event, and after the event is over, this page will not be updated, so see Cybersecurity for attorneys.
Posted 6/4/2023 (building on prior work). Updated 10/07/2023.