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Cyberattacks need to be fought with laws at federal and state levels, ABA House resolves

Posted Aug 12, 2013 6:19 PM CDT
By Terry Carter

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The ABA House of Delegates approved a resolution calling for the modification of or creation of laws at all levels of government to fight hacking by governments or others into computer systems and networks used by lawyers and law firms. Further, it urges the U.S. government to work with other nations and groups “to develop legal mechanisms, norms and policies” to deter, prevent and punish such breaches. Speaking on behalf of the resolution, Judith Miller, co-chair of the Cybersecurity Legal Task Force that developed it, said that this is just the beginning of an expected series of resolutions for the policy-making body to consider concerning cyber threats. What has been done thus far, she said, was in the context of protecting attorney-client privilege and work-product protections because the work of lawyers is a prime target for hackers seeking, for example, information about negotiations and intellectual property.

The resolution was sponsored by the Cybersecurity Legal Task Force, co-chaired by Judith Miller and Harvey Rishikof; the standing committees on Law & National Security, on Client Protection, on Professional Discipline, on ethics and Professional Responsibility, and on Technology and Information Sstems; and the sections of Law Practice Management, Environment, of Energy and Resources; Litigation; Science & Technology Law and of Business Law; and the Law Student Divison’s Assembly.

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