ABA Resources on Wireless Networking and Security

Introduction

The American Bar Association (ABA) and the ABA Legal Technology Resource Center (LTRC) have been educating members on the topic of wireless technology – both accessing the internet through hotspots (free, fee, secure and unsecured) and setting up WANs at home and at the office – for a number of years.

Following are just some of the published articles, CLE presentations, books, and other resources available from the American Bar Association over the past seven years that discuss the important issues of wireless networking, wireless security and the attendant risks. Unless member login, purchase or registration is indicated, all resources are freely available.

About Wireless Networking

2005
“Wired Over Wireless” by J. Anthony Vittal
An article published in the ABA’s General Practice, Solo & Small Firm Division’s GP Solo Magazine.
http://www.abanet.org/genpractice/magazine/2005/jun/wireless.html

2003
FYI: Wireless Networking
ABA LTRC article discussing the basics of wireless networking including cost, standards and security considerations.
http://www.abanet.org/tech/ltrc/fyidocs/wirelessfyi.html

“The Seduction of Wireless Networking: Resist the Temptation” by Jeff Flax
This November 2003 article for the ABA’s Law Practice Management Section’s Law Practice Today Webzine discusses the risks of open Wi-Fi connections in consideration of the model rules.
http://www.abanet.org/lpm/lpt/articles/tch11034.html

“Cutting the Tether: Great Resources on Wireless” by Dennis Kennedy
November 2003
http://www.abanet.org/lpm/lpt/articles/tch11036.html

“Wireless Networking 101” by Dan Pinnington
November 2003
http://www.abanet.org/lpm/lpt/articles/tch11032.html

2002
“Go Mobile, Young Lawyer!”
California Bar Association Annual Meeting 2002
LTRC Presentation for the 2002 California Bar Association Annual Meeting.
http://www.abanet.org/tech/ltrc/presentations/cyla2002/cyla2002.pdf

“Welcome to the Wireless World”
An introduction to wireless LAN technology, walking lawyers through the basics of how wireless LANs work to what types of wireless technologies are available. He discusses WiFi and WiFi2, Bluetooth, and infrared wireless.
http://www.abanet.org/tech/ltrc/publications/loc_wireless200204.html

2001
“An Overview of Wireless Networking”
Created for a non technical audience, this presentation describes the evolution of wireless networking, some considerations when implementing (applicable to libraries), and some thoughts on the future.
http://www.abanet.org/tech/ltrc/presentations/cil2001/cil2001/frame.htm

“15 Tips Annotated – “Un-tether Your Computer” pg. 5 - Part of the 60 Hot LegalTech Tips presentation at the 2001 ABA TechShow.
http://www.abanet.org/tech/ltrc/presentations/cl2001/cl2001_tipsanno.pdf

Setting up a secure wireless network

2005
“Managing the Security and Privacy of Electronic Data in a Law Office” by Dan Pinnington –
Part I http://www.abanet.org/lpm/lpt/articles/tch01057.html
Part II http://www.abanet.org/lpm/lpt/articles/tch02055.html
Part III http://www.abanet.org/lpm/lpt/articles/tch03052.html

2003
“From Clueless to Wireless in Fifteen Minutes (Give or Take)” by Tom Mighell - November 2003
http://www.abanet.org/lpm/lpt/articles/tch11031.html
“Wireless Networking” By David Masters
ABA GP Solo’s Technology & Practice Guide defining wireless networking and setting it up securely.
http://www.abanet.org/genpractice/ereport/2003/feb/tech_feb.html
“No Strings Attached: Cutting the TechnoCord with a Wireless Law Practice” by Ross Kodner
http://www.abanet.org/genpractice/ereport/2003/feb/strings.html

Using unsecured wireless on the road

2007
“Records Management Keys to Maintaining Client Confidentiality”
In August 2007 ABA Publishing's monthly e-newsletter Inside Practice excerpted the book "The Lawyer's Guide to Records Management and Retention". This article discusses the importance of securing information of a confidential nature, including the issues of e-mail transmissions over unsecured wireless networks such as those found in Internet cafés and airports and cautions lawyers using wireless networks to discuss and transact client matters to consider using one of the many available technologies to secure their transmissions.
http://www.abanet.org/abastore/books/inside_practice/2007/aug/recordsmang.html

2006
“The Wonders and Worries of Wireless: Seven Steps to Being Secure” by Dan Pinnington (Articles in this issue are accessible by ABA LPM Members only - member login required)
Law Practice Magazine March 2006 Volume 32 Number 2, page 26
http://www.abanet.org/abanet/common/login/securedarea.cfm?areaType=premium&role=ep&url=/lpm/mo/premium-ep/magazine/archives/v32is2/v32is2an12.shtml

“Beware the Wireless Imposter Network” posted by Tom Mighell October 16, 2006
ABA TECHSHOW.Blog posting by legal technology expert Tom Mighell discussing the use of unsecure wireless networking on the road.
http://www.abanet.org/techshow/blog/101606.shtml

“The Weakest Link: Security in a Wired and Wireless World” (ABA CLE Audio CD Package, purchase required)
This program provides information on current threats, tested strategies, best practices, and practical tips that you can use to strengthen your wired and wireless networks.
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=CET06WLSC

2nd Annual National Solo & Small Firm Conference CLE Program Book
This 579 Page program guide and resource book addresses a number of topics including the challenges of wireless networking.
http://www.abanet.org/genpractice/cle/07fall-nssfc-cle-book.pdf

“WiFi Liability: Legal Risks in Accessing and Operating Wireless Internet” (ABA CLE Online Course, purchase required)
This program explores several theories of liability involving both the accessing and operating of wireless Internet, including the Computer Fraud and Abuse Act, wiretap laws, as well as trespass to chattels, theft of services, and other areas of common law.
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=CET07WLLI

2005
“Whacking, Joyriding and War-Driving: Roaming Use of Wi-Fi and the Law”by Benjamin D. Kern, Partner Gordon & Glickson, LLC Chicago, IL

This article published by the ABA’s Business Law Section, Cyberspace Committee, and Intellectual Property Subcommittee discusses the use of open Wi-Fi connections to enable access to the Internet and concerns regarding the accompanying costs of this use, security risks, and liability risks.
http://www.abanet.org/buslaw/committees/CL320010pub/newsletter/0009/

Check Yourself Before You Wreck Yourself – ABA Site-tation: February 2005
http://www.abanet.org/tech/ltrc/site-tation/february2005.html#third

New Security Threats – SpIM, Pharming, and More
This ABA Legal Technology Resource Center article by Catherine Sanders Reach, MLIS discusses security threats on the technology horizon for Cell phones and wireless devices.
http://www.abanet.org/tech/ltrc/publications/pharming.html

2004
“Benefit from Wireless Networks through Risk Management” by James B. Federline and Helen M. Federline
An ABA GPSolo Magazine article discussing rewards and risks of wireless networks.
http://www.abanet.org/genpractice/magazine/2003/dec/benefitswireless.html

“The Dark Side of Collaboration - When Good Technology Goes Bad” By Linda MacDonald Glenn
An ABA GPSolo Magazine article that discusses real-world scenarios that face lawyers using wi-fi technology.
http://www.abanet.org/genpractice/magazine/2004/dec/darkside.html

“High-speed and Wireless Internet at Hotels” May/June 2004
ABA Probate & Property magazine article
http://www.abanet.org/rppt/publications/magazine/2004/mj/tech-property.html

“Wireless Insecurity” by Joe Kashi,
A May 2004 article for the ABA’s Law Practice Management Section’s Law Practice Today Webzine.
http://www.abanet.org/lpm/lpt/articles/tch05041.html

2003
“When Telecommunications Access Becomes Too Much: Suggestions for Real Estate Counsel and Their Clients” by Gerard Lavery Lederer (member login required)
This July/August 2003 ABA Probate & Property magazine article discusses the risks of wireless networking that are unique to this area of practice.
http://www.abanet.org/abanet/common/login/securedarea.cfm?areaType=premium&role=rp&url=/rppt/mo/premium-rp/publications/magazine/2003/ja/lederer.pdf

Wireless Networking - Ethical Concerns and Attorney-Client Privilege

2007
“Developing Confidentiality Issues Affecting the Attorney's Ethical Obligations in Our Increasingly Hi-Tech Landscape - Some Nuts and Bolts Solutions” (ABA CLE Online Course, logon required). A presentation for the ABA Section of Labor and Employment Law Ethics & Professional Responsibility Committee Sixth Annual Midwinter Meeting.
Information Security for the Small- and Medium-Sized Law Firm. http://www.abanet.org/abanet/common/login/securedarea.cfm?areaType=premium&role=ll&url=/labor/mo/premium-ll/eprcomm/mw/papers/2007/jones.pdf

“Information Security for the Small- and Medium-Sized Law Firm” (ABA CLE Online Course, purchase required)
Published in April 2007, this online course conducted by legal technology experts addresses the ethical duties of lawyers relating to securing their electronic information.
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=CET07ISSI

The Digital Edge: Lawyers and Technology Podcast Series
“Ethics in the Electronic Era: Staying Out of the Briar Patch”
By Sharon D. Nelson and Jim Calloway
A free 25 minute Internet audio presentation that discusses the modern technologies that can lead to malpractice and Ethics violations.
http://www.abanet.org/lpm/ltt/articles/vol1/is7/digitaledge/index.shtml#

2006
Information Security for Lawyers and Law Firms (Book by ABA publishing, available for purchase)
Addresses the ethical duties of lawyers relating to securing their electronic information and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day.
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5450043

“Ethics & Technology 2006: How Not to Commit Malpractice with Your Computer” (ABA CLE Audio CD Package, purchase required)
Law practice technology experts outline key "techno malpractice" and ethics risk areas to help you: Protect attorney client privilege and confidentiality from vulnerabilities exposed by: Email, Web sites, Computer technology disposal, Mobile technology and Wireless and remote access.
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=CET05HNCC

2002
“Wireless Communications and Attorney-Client Privilege”
An article published in the June 2002 Edition of the ABA Young Lawyers Division newsletter regarding the security of various mediums of communication and potential risk to the attorney-client privilege.
http://www.abanet.org/yld/tyl/June2002.pdf

2000
Ethical Challenges in an Electronic Age by Alan N. Greenspan
A publication by the American Bar Association Forum on Communications Law regarding the ethical challenges of electronic communications.

Other

2006
"Securing Your Computer Applications, Records and Systems"
This presentation for the API Annual Conference on Prepaid Legal Services highlights key security software and procedures to protect your systems, files, and client information. See also the bibliography of information about security including articles, email updates, and websites.
http://www.abanet.org/tech/ltrc/presentations/apisecurity.pdf

Surveys and Use of Wireless Technology

Annual
ABA Legal Technology Survey Report
Mobile Lawyers Volume (published annually)
This volume brings together information regarding the use of communication technologies by lawyers, including statistics on technology budget and goals, training and support, security, hardware, software, networks/intranets/extranets, usage of handheld devices and laptops on the road, connection speeds to the Internet, and much more.
http://www.abanet.org/tech/ltrc/survstat.html

2001
Wireless Network Adoption in Law Schools
In 2001 US law schools were surveyed to assess the extent to which wireless LAN technologies had been adopted.
http://www.abanet.org/tech/ltrc/surveys/wlanlawschools.html

Wireless Networks: Is It Time to Untether Users?
An overview of wireless networking in law schools, including recent statistics on law school use of WLANs..
http://www.abanet.org/tech/ltrc/presentations/aall2001/aall2001/frame.htm