Attacks on secret informants spur federal courts to consider limiting PACER access–ABA Journal

The federal judiciary is considering blocking public online access to criminal court records on PACER to prevent inmates from learning information about confidential informants.

The idea is one of several under consideration as the U.S. Judicial Conference considers the impact of disclosure, the Wall Street Journal (sub. req.) reports.
A recent survey (PDF) of federal judges, prosecutors, defenders and probation offices by the Federal Judicial Center found that nearly 700 witnesses and informants perceived as snitches had been threatened, wounded or killed over a three year period.

U.S. District Judge Lewis Kaplan of Manhattan told the U.S. Judicial Conference’s criminal rules committee in April that PACER is part of the problem, according to the Wall Street Journal account. Though federal inmates don’t have PACER access, they often get information from others.

“Anonymous remote public access to PACER is a source of much of the information that gets into prisons about who is cooperating,” Kaplan said.

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AgileBits Blog | Introducing Travel Mode: Protect your data when crossing borders

by Rick Fillion

Travel Mode is a new feature we’re making available to everyone with a 1Password membership. It protects your 1Password data from unwarranted searches when you travel. When you turn on Travel Mode, every vault will be removed from your devices except for the ones marked “safe for travel.” All it takes is a single click to travel with confidence.

Read more here…

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Man jailed for refusing to disclose iPhone passcode underlines Fifth Amendment uncertainties | 9to5Mac

 @benlovejoy

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The Miami Herald reports that a child abuse suspect was jailed for six months for contempt of court after failing to reveal the correct passcode to his iPhone. Christopher Wheeler was arrested on suspicion of hitting and scratching his young daughter, with police believing that photos on the iPhone would help prove their case.

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Microsoft’s New Server Can Serve Lawyers – Technologist

By William Vogeler, Esq

One thing for sure about the future of legal tech, there will be upgrades.

In that tradition, Microsoft has announced its newest edition of SQL 2017 — a server that features software upgrades that may serve lawyers well. It is not a lawyer product, per se, but it has tools that can help attorneys manage their workloads.

The most promising features for the legal profession, according to reports, are improved analytics and artificial intelligence that may even predict outcomes.

See more here….

Sui Generis–a New York law blog: ABA Issues New Opinion On Secure Online Communication With Clients

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com.

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That’s why the ABA issued Formal Opinion 477 on May 11, 2017. In this opinion, the Committee concluded that because there are more secure electronic communication methods available in 2017, lawyers may want to consider avoiding email for many client communications and use other, more secure electronic methods instead.

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Read more of Nicole Black’s analysis of Opinion 477…

Judge sanctions New York City after lawyer makes 600 objections in one deposition

BY DEBRA CASSENS WEISS–ABA Journal

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U.S. Magistrate Judge Cheryl Pollak of Brooklyn ordered the city to pay the deposition costs as a result of the lawyer’s conduct, report the New York Law Journal(sub. req.), the New York Daily News and the New York Post.

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Formal Opinion 477–ABA

May 11, 2017

Securing Communication of Protected

Client Information

A  lawyer  generally  may  transmit  information  relating  to  the  representation  of  a  client  over  the internet  without  violating  the  Model  Rules  of  Professional  Conduct  where  the  lawyer  has   undertaken reasonable efforts to prevent inadvertent or unauthorized access. However, a lawyer may  be  required  to  take  special  security  precautions  to  protect  against  the  inadvertent  or unauthorized disclosure ofclient information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.

Read more…download opinion…

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