1. Mobile Devices, BYOD, and the Workforce: Responsible Mobile Computing,
AICP GREAT LAKES CHAPTER
May 18, 2017
Dan Cotter, Butler Rubin Saltarelli & Boyd

2. DISCLAIMER
The materials in this presentation are intended to provide a general overview of the issues contained herein and are not intended nor should they be construed to provide specific legal or regulatory guidance or advice. If you have any questions or issues of a specific nature, you should consult with appropriate legal or regulatory counsel to review the specific circumstances involved. Views expressed are those of the speaker and are not to be attributed to his firm or clients.

3. GOALS OF SESSION
This session will discuss compliance issues and some best practices for addressing the increasing prevalence of BYOD. Learn what constitutes “your own device” (smartphones, tablets, laptops, desktops, others?) and opportunities and challenges permitting BYOD create, including use while in transit, overtime issues, and other things that compliance should be thinking about.

4. AGENDA
Define BYOD
Why does it matter?
Labor and Employment Issues
Cyber/Privacy Issues
E-discovery/Due diligence issues

5. DEFINITION
BRING YOUR OWN DEVICE

6. IBM DEFINITION
Bring your own device (BYOD) is an IT policy where employees are allowed or encouraged to use their personal mobile devices—and, increasingly, notebook PCs—to access enterprise data and systems

7. DEFINITION (CONT’D)
Easy, right?

8. STATISTICS 2013 – 181.4 million United States users
2017- was expected to climb to million users

9. OR IS IT?
What about:

10. OR THIS?

11. WHAT ABOUT THIS?

12. WATCH, ANYONE?

13. AND?

14. WHY DOES IT MATTER? Benefits: Ability to be productive everywhere
Reduces costs for the employer
Responsiveness
Risks:
Loss/theft
Malware
Other exposures

15. FORMS IT MIGHT TAKE Company owned, business only Bring your own device
Choose your own device
Company owned, personally enabled

16. HOW MANY OF YOUR ORGANIZATIONS HAVE A BYOD POLICY?

17. THE TRADITIONAL BYOD POLICY
Acceptable Use
Support business
Nothing illegal
Devices and Support
Smart phones
Tablets
Reimbursement
We do not reimburse ,or
We will reimburse X
Security
Passwords
Remote wipe
ActiveSync

18. THE TRADITIONAL BYOD POLICY (CONT’D)
Good start, but…. Not Complete.

19. WHAT IS MISSING? USE BY NON-EXEMPT? AFTER HOURS? USE IN TRANSIT?
DRIVING CAR?
ON PUBLIC TRANSPORTATION?
PUBLIC PLACES?
DEFINITION OF BYOD?
WHAT DOES YOUR ORGANIZATION SUPPORT?

20. LABOR AND EMPLOYMENT ISSUES

21. SCOTUS and Independent Contractors
(3) The amount of the worker's investment in facilities and equipment Examples: Is the worker reimbursed for any purchases or materials, supplies, etc.? Does the worker use his or her own tools or equipment?

22. The Continuing Debate

23. EMPLOYEE ISSUES (CONT’D)
Exempt/Non-Exempt?
Do you have non-exempt with access who can answer at all hours of day and night?
Overtime?
BYOD/Employee Handbook?
Distracted driving/walking?
Hours of Use?
Ability to monitor?
What happens when leave employment?

24. CYBER/PRIVACY ISSUES

25. APPLICABLE LAWS FTC Privacy Protections HIPAA Gramm-Leach-Bliley
Computer Fraud & Abuse Act
Stored Communications Act

26. WHAT PLATFORM ON? IOS Much safer if have a password vs. hacking
What password protocol do you have?
Android
Need to install additional safeguards
Such as DFNDR

27. WIFI?
Public use?
What access does one have on smartphone/other devices?

28. LOCAL ADMINISTRATOR RIGHTS?

29. PORTAL ACCESS?
- Shutoff or on for laptops?

30. ENCRYPTION?
- What protections does it afford?

31. E-DISCOVERY/DUE DILIGENCE ISSUES
Does anyone remember when Outlook asked if you wanted to archive? Something like this? Or a shorter message?

32. E-DISCOVERY (CONT’D)
If you said yes, you then saved to .pst files, right?

33. E-DISCOVERY (CONT’D) Know where those went?
Personal drives, thumb drives, etc.
Anyone ever have to sign off on a production response as it being “complete” and “producing all responsive documents and information?”

34. Questions

35. Mobile Devices, BYOD, and the Workforce: Responsible Mobile Computing,
AICP GREAT LAKES CHAPTER
May 18, 2017
Dan Cotter, Butler Rubin Saltarelli & Boyd