Cybersecurity, Cybercrime, Privacy, Law: Franciscan CLE 2023

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

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

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
- About
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
- Four Platforms to Connect
- Three Platforms to Connect
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 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.