1. James G. Connell, III CJA Panel Training Program May 13, 2016

2. Disclaimer All views are my own. I do not speak on behalf of the United States, the Department of Defense, the Military Commission Defense Organization, or anyone else. Nothing in the presentation is based on, confirms, or denies classified information. This presentation does not address intelligence collection. I have no connection with the products recommended in this presentation.

3. Why Hack You? Maryland Personal Information Protection Act, Maryland Code Annotated Comm. Law 14-3504

4. ABA Model Rule 1.6 ABA Comment 18: “The unauthorized access to, or the inadvertent or unauthorized disclosure of, information relating to the representation of a client does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts to prevent the access or disclosure.” Factors include: 1.The sensitivity of the information; 2.The likelihood of disclosure if additional safeguards are not employed; 3.The cost of employing additional safeguards; 4.The difficulty of employing additional safeguards; and 5.The extent to which the safeguards adversely affect the lawyer’s ability to represent clients.

5. Texas Opinion No. 648 (2015) In general, considering the present state of technology and email usage, a lawyer may communicate confidential information by email. In some circumstances, however, a lawyer should consider whether the confidentiality of the information will be protected if communicated by email and whether it is prudent to use encrypted email or another form of communication. Examples of such circumstances are: communicating highly sensitive or confidential information via email or unencrypted email connections;... sending an email if the lawyer knows that the email recipient is accessing the email on devices that are potentially accessible to third persons or are not protected by a password; or sending an email if the lawyer is concerned that the NSA or other law enforcement agency may read the lawyer’s email communication, with or without a warrant.

6. Encrypt telephone and text Signal For iOS and Android

7. Encrypt email

8. Litigate your vulnerability

9. Questions? jconnell@connell-law.com (703) 623-8410 @gitmowatch