{"id":2359,"date":"2015-09-04T09:25:50","date_gmt":"2015-09-04T16:25:50","guid":{"rendered":"http:\/\/higgslaw.local\/?p=2359"},"modified":"2019-06-06T16:18:39","modified_gmt":"2019-06-06T23:18:39","slug":"how-one-firm-upgraded-security","status":"publish","type":"post","link":"https:\/\/higgslaw.com\/how-one-firm-upgraded-security\/","title":{"rendered":"How One Firm Upgraded Security"},"content":{"rendered":"

Change can be difficult and challenging, especially for lawyers. Over the past year or so, my law firm has made a concerted effort to improve our cybersecurity defenses. The process is ongoing, and we still have a lot of work to do. Despite the occasional aggravation, I think the results justify the time and effort we\u2019ve put in. There are three major areas we needed to think about: (1) individual employee conduct, (2) central office systems security, and (3) using the cloud.<\/p>\n

First, the \u201ceasy stuff,\u201d which, perversely, caused much of the aggravation. I\u2019m referring to implementing basic security principles, including workstation lockout, password security, and portable storage protocols.<\/p>\n

The Easy Stuff<\/h4>\n

Workstation lockout is familiar to anyone worried about battery life on a laptop. How long do you wait before an unattended workstation signs off and forces you to reenter your password? Hyper-vigilant security experts might say \u201c30 seconds,\u201d while senior partners who enjoy getting up from their desks to walk down the hall to talk to a colleague could easily say \u201cthree hours\u201d or \u201call day.\u201d This isn\u2019t a casual issue. While in the office on weekends, I regularly saw workstations that had been left on since Friday. Leaving your system open to random examination\u2014or worse\u2014by janitorial staff, building maintenance workers, clients, or other lawyers with their clients is obviously unacceptable. As a fair compromise, we settled on 20 minutes of no activity before lockout. After all, how burdensome is it to reenter your password after you get back from lunch?<\/p>\n

That brings us to passwords\u2014the subject of some of the loudest pushback. You know the arguments: Not changing your password is an invitation to sharing or theft, while always changing your password leads to forgetting it and to the ubiquitous \u201cPost-it note password system.\u201d Try it. I dare you. Walk around your office and see how many Post-its with passwords you find on screens or tucked beneath keyboards. So we bit the bullet and required that every user\u2019s password be at least eight characters in length, with both uppercase and lowercase letters, and at least one number or symbol. To make matters \u201cworse\u201d (from the users\u2019 vantage), the network itself forces a change of individual passwords at least every 90 days. This is, without a doubt, a pain and has generated a lot of complaints, especially because the system doesn\u2019t allow users to simply recycle old passwords.<\/p>\n

The last \u201csimple\u201d security issue was another big favorite in the office\u2014deactivating all workstation USB drives. This provoked anguished cries from several of our lawyers, who claimed they couldn\u2019t function without their thumb drives. I\u2019ll be the first to admit that USB thumb drives are an incredibly simple, easy, and convenient way to transfer large amounts of data. I had become used to copying file materials and deposition transcripts and exhibits onto a thumb drive when I traveled.<\/p>\n

Similarly, clients would often give me thumb drives full of materials I could take back, plug in, and copy onto our system. A thumb drive retailing today for about $10 can carry more text than is generated by most cases. But we decided the convenience of using the thumb drives is far outweighed by the risks.<\/p>\n

Risks? There are several. First, hackers are using USB thumb drives to transmit computer viruses and malware (think Stuxnet). When a client hands you a thumb drive, no matter how much you may trust the client, you have no way of knowing where that thumb drive has been or what virus- or malware-infested computer it was previously plugged into. Also, hackers have been known to \u201cseed\u201d the parking lots of businesses they\u2019re trying to break into with USB thumb drives carrying malware, successfully betting that curious employees would pick up and use the drives at work. Finally, because they are so small and capacious, they are ideal for a thief or a disgruntled, soon to-be-former employee to walk critical information past the front desk.<\/p>\n

We decided to deactivate all USB drives on all workstations except those in our information technology (IT) department. (We briefly considered, but rejected, the U.S. Army\u2019s preferred method: glue in the USB ports.) As a result, the IT department has become the clearing house for all portable storage devices. They first scan inbound drives for viruses and malware before uploading the data to the network. Similarly, if a lawyer is traveling and needs to copy files onto a thumb drive, he or she has to advise IT in advance which files need to be transferred to the thumb drive and get the thumb drive from our IT department. What happens if the thumb drive is lost or stolen? All of our thumb drives are now encrypted. If a lawyer needs to transport really large amounts of data, we have encrypted portable hard drives that self-wipe after a certain number of failed attempts to open them without a valid password. (I was in favor of the James Bond\u2013like exploding security feature but was outvoted.)<\/p>\n

As far as moving large blocks of data to trusted third parties, however, we\u2019ve found an easier way that eliminates the IT bottleneck. Using a third-party provider like Citrix or Mimecast, we now can securely send a relatively large volume of records and files to clients or experts over the Internet. Here\u2019s how it works. Let\u2019s say I have medical records I want to send to an expert witness for review. Using this system, I can sit at my desk, create an email, select from our network which files I need to send, and then send them to my expert through the third-party provider. Rather than traveling over the Internet like a customary email, my email and the files are sent securely through a VPN tunnel directly to the third-party provider, which, in turn, sends my expert a link to the files. (A VPN, or virtual private network, is essentially an encrypted channel through which you can securely communicate via the Internet without your message being seen by others.) The expert clicks on the link and is then separately sent a password to access the files. The files are sent directly to the expert. The link remains open for only a few days; if the expert doesn\u2019t promptly use it to access the records, it dies and I would have to resend the files. I also can arrange to be notified electronically when the link has been activated and the files have been downloaded.<\/p>\n

One important thing to keep in mind when considering whether to send confidential files via a USB thumb drive rather than securely over the Internet is that, so long as the files remain on the encrypted thumb drive, they will remain encrypted. If the thumb drive is lost or stolen, you won\u2019t need to worry (much) because it is encrypted. But if you send records and files securely over the Internet, once your client or expert downloads them onto his or her computer, they cease to be encrypted. If that laptop goes missing or is stolen, that could be a problem. Your client or expert should know this and take appropriate steps to protect and secure his or her laptop or workstation.<\/p>\n

Smart Phones<\/h4>\n

This brings us to smart phones. Our lawyers use their smart phones to access firm email. When properly set up to access our network, the personal smart phones become \u201ctrusted devices\u201d as far as our network is concerned. From our network\u2019s perspective, this means the device can communicate directly with our network and be used to send and receive files with nary a second glance from our firewall and network perimeter defenses. So if I use my personal smart phone to go online and then click on a link that downloads malware onto my phone, the next time I use my phone to check my email, that virus conceivably could get past our firewall and antivirus systems and into our network. More commonly, this happens when you give your phone to your child to let her play with apps and she downloads something nasty. Or you lose your phone without it being password-locked and a bad guy uses it to access your firm\u2019s network. Either way, a potential intrusion.<\/p>\n

We saw the use of personal smart phones\u2014known as BYOD (bring your own device)\u2014as a serious risk to the firm network and our client files. We decided that only firm-issued smart phones would be able to access our firm network. The phones are password-protected and can be erased remotely if they go missing or are stolen. They lock out after several minutes of inactivity, and the password feature cannot be deactivated without automatically wiping the phone. Finally, the smart phones can be set up to segregate personal data from firm data, and we can remotely wipe the entire phone or only the firm data. Not surprisingly, eliminating the BYOD regime has generated some pushback from our lawyers, who don\u2019t like the idea of having to carry around two smart phones, one for work and one for home. So we decided to allow our lawyers to use firm-issued phones for personal use as well as work. We feel that the \u201ckeep your work and private data separate\u201d technology discussed above, plus allowing employees to copy their private data in a reasonable time if they leave or are terminated, fairly addresses these concerns.<\/p>\n

Also, we have improved our network infrastructure, including upgrading our firewalls and antivirus software, using a fairly aggressive spam filter, and regularly scanning for junk email, phishing attempts, and potentially infected attachments. In this regard, we had some very useful suggestions from our cybersecurity insurance carrier. If you don\u2019t yet have cyber insurance, I strongly encourage you to do so. Meeting with your cyber insurance reps will be an eye-opening experience.<\/p>\n

To make sure our firm is equipped to handle the unthinkable\u2014a devastating fire or earthquake that destroys our computer servers\u2014we made the decision to migrate our servers into the cloud. We investigated a number of cloud providers based in the United States. Among other protections, we made sure our cloud provider is required to preserve the confidentiality and security of our data, uses technology to protect against \u201creasonably foreseeable\u201d attempts to improperly access the data, and is required to notify us if subpoenaed or otherwise asked to produce our data to a third party. As an added safeguard, we separately contracted with a third party that handles the administration of the cloud system and encrypts our data before the data reach the cloud provider\u2019s servers. We alone hold the encryption key. Finally, our encrypted data are housed in more than one location by our cloud provider so that if one cloud location goes down or has a problem, another seamlessly steps in.<\/p>\n

The most difficult task has been, and will continue to be, the training of our attorneys and staff to \u201cpractice safe cybersecurity.\u201d While no cybersecurity defense can realistically be expected to be 100 percent effective, the key is to use layers. The weakest link in your cyber defenses will always be human\u2014your attorneys and staff. As a result, we have started to train our employees to be aware of spearphishing forays and social engineering, and to \u201cthink before you click\u201d on email links or attachments. We know that the training of our lawyers and staff will present the greatest challenge and likely will be a never-ending process, as the bad guys of the world continue to devise new and ingenious ways of attempting to steal our clients\u2019 confidential information through cyberspace.<\/p>\n

Published in Litigation, Volume 41, Number 4, Summer 2015. \u00a9 2015 by the American Bar Association. Reproduced with permission. All rights reserved. Click here to download the article.<\/a><\/em><\/p>\n

About the Author:<\/h4>\n

\"\"<\/a>William M. Low<\/h4>\n

A leading expert on matters of privacy and cyber security, Attorney Bill Low specializes in complex tort and business litigation, with an emphasis on information security, product liability and healthcare. Click Here to View Mr. Low’s Profile.<\/strong><\/a>
\n 
\nFor more information about the Higgs Fletcher & Mack Privacy and Information Security Law Group, Click Here.<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Change can be difficult and challenging, especially for lawyers. Over the past year or so, my law firm has made a concerted effort to improve our cybersecurity defenses. The process is ongoing,…<\/p>\n","protected":false},"author":36,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9],"tags":[114],"coauthors":[],"class_list":["post-2359","post","type-post","status-publish","format-standard","hentry","category-attorney-articles","tag-privacy-information-security","attorney-william-m-low","practice-privacy-information-security"],"acf":[],"yoast_head":"\nCybersecurity | How One Firm Upgraded Security<\/title>\n<meta name=\"description\" content=\"Over the past year, my law firm has made a concerted effort to improve our cybersecurity defenses. 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