Futurelawyer

Collateral Damage

Authenticating Web Pages as Evidence

Authenticating Web Pages as Evidence.  This is a very thorough article about the pitfalls of getting web page screen shots or other web content into evidence at trial. While it focuses on Federal Rules of Evidence, and Federal trials, it makes clear that different Courts are going to view web evidence differently. Can you get it in with an Affidavit? Maybe. Can you get it in without the person who printed the screen shot? Maybe. The best path appears to be to get it stipulated to, although a Request for Admission might be indicated. If the opposing party denies the Request, then find out before the trial what the Court will require for authentication, and then do it. If admitted, and you win, the opposing party will have to pay your costs. The article also gives a nod to the "Wayback Machine", which is a great place to find out what a website contained at a time and date in the past. The Internet Archive even has a page that gives instructions on how to get an Affidavit from the organization to establish authenticity of a page. Whichever authentication method, if any, that you choose, if the content is important to your case, it is better to get an answer as to admissibility before trial.

Want To End The War? Send Alice To Afghanistan

LegalTech-New York 2010 -

LegalTech� New York 2010 - - the most important legal technology event of the year.  In a couple of weeks, the FutureLawyer will be heading to New York for Legal Tech 2010. I don't travel much anymore; too much of a hassle. And, when I do travel, there is usually an ulterior motive; for instance, sight-seeing or football. I have had good results with Virtual Legal Tech stuff on the net, and the technology is at the point where you can get all of the information without the travel. However, I haven't been to one of these in a long time, and some of my colleagues are starting to call me the phantom technologist. And, all the invitations from P.R. people to interview their principals is getting to be a bit much. So, due to popular demand, or just persistence, I will be in New York meeting and greeting fellow lawyers, bloggers, industry persons, and anyone else who will give me a free meal. If you have food money, and you want to talk face to face at Legal Tech, send me an email. 

Cloud Computing - Another View

My recent post about the risks and security issues of storing mission critical lawyer data in the cloud has generated some comment. Here is one that I thought my readers might appreciate. Mimecast is a cloud service that stores and manages email, and is a leading light in cloud security.

Cloud Security is Up to Vendors, Not Law Firms

Mary Kay Roberto, SVP  and General Manager, Mimecast

In a recent FutureLawyer post entitled, “Is it Time to Store All Your Documents in the Cloud?,” Richard Georges indicated that the storage of confidential files may not be in the best interests of law firms quite yet due to security concerns.  As was outlined in myprevious post, firms need to avoid blanket assumptions and instead perform due diligence on their cloud partners to ensure their data is safe.

Data security is an excuse that has underpinned the cloud skeptics’ position since the introduction of cloud computing or SaaS solutions.  A critical contrasting viewpoint that is often left unsaid, however, is that cloud vendors are security providers by nature.  Often, cloud vendors integrate security features into their solutions from their inception thereby limiting vulnerabilities. At a minimum, your potential cloud partner should be able to demonstrate the following security capabilities before taking on your data:

·         Encryption and data loss prevention capabilities;

·         Security policies for data in flight, in use and at rest;

·         Sound physical security practices the company employs for its servers; and

·         A transparent process in which data is shared with separate clients so you can learn more about cross-contamination possibilities.

Georges’ strategy of migrating a few non-business applications to the cloud is common among law firms and an excellent way for companies to better understand how the cloud works.  Our internal research has shown that once companies actually experience cloud computing first-hand they are much more likely to roll out additional cloud computing projects. Methodical evaluations of SaaS vendors can go a long way in alleviating security fears and ensuring their cloud computing projects are successful.  Take your time, choose your partner wisely and soon you will experience the cost and operational benefits of the cloud.

 

AT&T-Verizon price War? Don't Get Your Hopes Up

AT&T-Verizon price war debunked (FAQ) | Signal Strength - CNET News.  Like many of you, I was excited to read that Verizon had reduced its unlimited use plans by a substantial amount, and that AT&T had followed suit. So, like many other Verizon users (and, I suspect many AT&T users), I dutifully headed to the local store to check out how much money I would save. Oops. The new unlimited plans are limited to TWO phones. Excuse me; but, unless you are a bachelor with no kids, I assure you that NO modern American household has only two cell phones. I am paying for 5, which maxes out the Verizon family plan. In addition, with free calls among the family and up to ten other numbers, I have yet to approach the 2100 minutes a month we are already entitled to. So, go spend an hour with your rep, if you must; but, unless you are only signing up one or two phones, save yourself a trip.

What Is Android Anyway?

Android (operating system) - Wikipedia, the free encyclopedia.  One of the cool things about Android phones is that they are based on Linux, a free and open operating system, over which each phone manufacturer and Google can overlay their own tweaks. Actually, Android, as an OS, is really a nod to the anti-establishment attitudes that once were prevalent at, gasp, Apple Computer. The change from Apple Computer to Apple, Inc. in 2007, was more than a beauty treatment. Apple has gone corporate, and the early adopters of Apple computers, who once were rebels with a cause, are now using products made by a company that looks a lot more like IBM did in the eighties. Google is the anti-establishment device now, and its open OS invites a lot more innovation. No, it isn't as polished as Apple iPhones and iPod Touches. But, it is clearly the OS with momentum, just as Apple Macs used to be. I used to think my first real Linux system would be a build of Ubuntu on the desktop; now, it has become a mobile platform that may take over computing as we know it. Does the future belong to mobile devices, like smart phones and small tablets? Will the future us have built-in interfaces to wearable computers? Take a look around the next time you are waiting in a Doctor's office or a bus stop or a train terminal. Always on access to the Internet is now common. We are Android. Resistance is futile.

Man arrested after joke posted on Twitter backfires

Man arrested after joke posted on Twitter backfires.  I am of two minds about this case. On the one hand, it is a cautionary tale. Be careful what you say online; especially, on a social network like Twitter or Facebook. I see great benefits to Twitter, at least insofar as it is used to follow current events, such as the tragedy unfolding in Haiti, or in following a team or group or whomever you are a fan of. However, the informality of the medium lends itself to saying things that, in the past, were said, in jest, to friends or family. In person, outrageous statements are sometimes accompanied with a smile or a grin or a facial reference that makes it clear to the recipient that the speaker isn't serious. Yes, the statement this gentleman made was over the top; but, not much different than the crazy things millions of people say every day, in the privacy of their homes or businesses. The difference now is that stupid statements are immediately available to thousands or millions of Internet denizens, without the filter of facial movement or subtle body language. On the other hand, are we going to start arresting everyone who says something stupid online?  Will this UK case have a chilling effect on Twitter speech? You bet it will. Some of us will say that modern times demand it. Others will say that we are on a slippery slope to George Orwell's 1984. What do you think?

Android Phones - Video Comparison

So, you've decided that you want an Android phone; but don't know which one? This video runs about 10 minutes, and compares phones from T-Mobile, Verizon Wireless, and Sprint. I have the Droid, which is a Verizon/Motorola phone, and this video will give you a good sense of how it looks and feels in the hand, and how it works. Enjoy.

You Need A New Notebook? Get A PC

Acer Aspire 5810TZ-4274 - P SU2700 1.3 GHz - 15.6" TFT Review | ZDNet: Reviews.  I have heard a lot of flak from Apple owners about how it is worth $2,000 to get a superior Apple computer. Well, when the small screen and long in the tooth age of my trusty Dell D420 started to become more obvious, I started looking for a replacement. This time, I wanted thin and beautiful, at least 3 gigs of RAM, a spacious hard drive (how about 320 Gigs), built-in N wifi and bluetooth, a fast Pentium chip, an HDMI video input port, Dolby stereo sound built-in, and a high quality built-in video camera. Also, I wanted a longer lasting battery, as the Dell crapped out after two hours of continuous use. I expected that I would have to pay at least $1,000. Then I found the Acer Aspire Timeline series, at $500 to $600 online. Then, in one of my pilgrimages to Comp USA, I discovered a refurbished model for, are you ready? Wait for it. $399. Total. I have already loaded Windows 7 and all my software, and it is a beautiful, stable machine. And, on top of the other great specs, it has an ultra low power chip and the battery lasts EIGHT hours!  I used the $1,500 I saved on it to buy She Who Must Be Obeyed a new dishwasher and some other stuff. Okay, I would have had to buy her stuff anyway; but, then, I couldn't afford an Apple machine. So, children, let's recapitulate. Do you want to spend $2,000 or $399? All together now.