Cybersecurity, Law, and Ethics: Protecting Yourself, Your Firm, Clients, and Family (2023)
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NOTE: This page was created for a 2023 presentation which is an annual event and I improve it each year. The 2024 landing page has been created so click here to see an updated version or click here to see my general page on Cybersecurity for attorneys. **
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On May 5, 2023 from 12:50 p.m. to 2:20 p.m. John Bandler presented valuable knowledge about cybersecurity, law, and professional responsibilities for attorneys. It is hosted by Pace University's School of Law, as a complimentary benefit for the entire Pace community.
Attorneys earned 1.5 CLE credits (continuing legal education) in Cybersecurity, Privacy and Data Protection - Ethics. This means you get 1.5 Ethics credits, and you get 1.5 NYS cybersecurity credits, all at the same time. (Concurrently, as we used to say in the criminal justice system).
This was the third annual Cinco de Mayo cybersecurity extravaganza, online, and not be recorded. So attend live and start your 5/5 celebrations early. (PS, the fourth cybersecurity CLE I have done for Pace).
The Pace Law link to sign up for this webinar is no longer here, since the event already happened.
- As always, the Pace community attends for free, and if you are outside the Pace community there is a small fee to support administrative costs and Pace.
CLE Materials include
- My speaker bio as hosted by Pace
- A PDF of the slide deck will be available for download shortly before and after the presentation via this link * * Slide deck was previously available * *
- 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
- 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.)
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 new cybersecurity CLE requirement (new 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 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)
- Ask about the Pace Privacy and Cybersecurity Group
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 securing their information assets.
Some are afraid of technology and cybersecurity -- but should not be. It is a learning process, everyone can learn and improve.
About Pace and this CLE
2023 will mark the third annual Cinco de Mayo presentation of this cybersecurity and ethics CLE.
We led the way, and now cybersecurity CLE is a NYS requirement.
I graduated from Pace University's law school in 2002 and now it is officially called The Elisabeth Haub School of Law. As an adjunct I teach one course per year at the law school and one at the Seidenberg school of Computer Science and Information Systems (CSIS).
Some enterprising folks at the law school started these periodic free CLE webinars (Lori) which provide a tremendous benefit for Pace Law Alumni -- and this presentation is a part of that. It is a pleasure to be a part of this program and to make this contribution to the Pace community.
Space permitting, attorneys outside the Pace community can attend, and a small fee is required to help cover the administrative costs of the CLE processing and to better Pace.
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-law-ethics-pace-cle-2023-5-5, 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 11/14/2022 (building on prior years' work). Updated 05/25/2023.