Resources

Here are some written and video, resources and presentations by Constitutional Communications:

(Everything below is released under Attribution-NonCommercial-ShareAlike )

A. Articles By Constitutional Communications:

  1. Legal Security Requirements for Attorneys Handling Client Data (HTML) (PDF)

    Attorneys, and the private sector as a whole, are facing a crisis of data insecurity. There are a number of steps that attorneys must take to address concerns about data security of their organizations or clients. Unified security planning and encryption are the most important first steps. This article addresses the current legal and ethical requirements for Attorneys to engage with digital technology, with a focus on the default encryption of client data.

  2. Why Professionals Must Encrypt: Attorneys, Journalists and Professionals Must Learn Secure Communications (HTML) (PDF) This article aims to show that professionals of all types must change their behavior and expectations when using electronics in light of the secrets that have been revealed about the NSA. The NSA’s current practices of mass electronic surveillance destroy the professional integrity, independence and self-regulating structures of professional associations in the United States and around the world. This includes but is not limited to organizations like the American Bar Association (ABA) and the Society of Professional Journalists.
  3. Legal Cybersecurity in the Digital Age: This report analyzes the ways in which digital communication and its attendant risks – like hacking, data breaches, and government surveillance – create acute harms for the security and confidentiality of attorney-client relationships. In the digital age attorneys cannot count on the confidentially of their communications without active digital security planning.

 

B. Presentations by Constitutional Communications:

  1. What is Encryption? (Developed for Attorney Ethics and Cybersecurity) (PDF)

  2. What Attorneys Need to Know about Cybersecurity: Why We Need New Ethical Standards for Attorney Client Information (CLE) (PDF)

C. Video Presentations featuring ConComms:

1. Debate about encryption and ethics at New York County Lawyers Association

“Ethics and Technology” is a accredited presentation and debate on encryption, mass surveillance, legal ethics and attorney client communications at the recent NYCLA (NY County Lawyer’s Association) Continuing Legal Education. Five attorneys debated the question raised by Constitutional Communications about the need to change the attorney client ethics Rule 1.6 to require the provision of user side open source encryption for attorney client communication. (Fifteen minute version of the 3 hour event)

2. The NSA v. Lawyers: Presentation on how the NSA mass surveillance is impacting attorney-client privledged information.

“Ethics and Mass Surveillance: Recent Developments and Potential Risks that NO Lawyer Should Ignore”. Part of an accredited Continuing Legal Education(CLE) class at the NYCLA bar with Constitutional Communications, Access Now and others.  Constitutional Communications leads a presentation that no New York attorney can afford to miss, especially sole practitioners, small and mid-sized firm members who typically do not have in-house technical resources to rely on. (30 min)

D. Accredited Continuing Legal Education(CLE) courses featuring ConComms:

  1. A full 3 hour CLE with Constitutional Communication can be accredited on NYCLA’s site for the cost of a CLE here.

  2. National Acadamy Of Continuing Legal Education features ConComms CLEs with full accreditation

E. Other Comprehensive Web Resources:

1. Electronic Frontier Foundation: Surveillance Self-Defense:            https://ssd.eff.org/en/index

2. Privacy tools: a socially motivated website that provides information for protecting your data security and privacy. Never trust any third party company with your privacy, always encrypt using end to end open source encryption:

https://www.privacytools.io/

Everything above is released under Attribution-NonCommercial-ShareAlike