iPhones and E-Discovery. Jeff Richardson is an iPhone guy. I am an Android guy. However, we agree on the alleged security issues of smart phones. We also agree that smart phones, whatever brand or OS they are, can collect and store confidential information that is subject to ediscovery. You should be seeking the information stored on them in your ediscovery requests. This isn't a fight between iPhone and Android. This is a fight between the good guys and the bad guys. Litigators and law enforcement use software tools to find information on computers and smart phones and other electronic devices. However, bad guys can also use software tools to steal confidential information from lawyers' computers and smart phones. Duh. As Jeff puts it, it is a useless exercise to say that smart phones are insecure. So are law offices with locks that can be picked. So are legal pads that contain the written notes of a lawyer discussing client confidences with a client or prospective client. So are Windows computers. So are Apple computers. Again, duh. Security isn't about finding software or hardware that can't be broken into; that is impossible. Security is about being smart and careful and doing what you can to protect confidential information. No more, no less. Lock your doors. Get an office alarm system. Keep your computers, especially notebook computers and smart phones, within reach at all times, or under lock and key at other times. Use complex passwords. Make backups of computer data. Use remote wipe and find my phone style apps on your mobile devices, so that you can minimize the damage if they are lost or stolen. And, now that cloud computing vendors are more focused on security, put some of your data in the cloud, even if only for backup. Your data is probably safer at a network farm somewhere else than it is on a computer stored in a broom closet in your office building. Duh.
Rick, thank you for your detailed explanation. I can count on you to explain this because I respect you opinion. This topic was on my mind for some time because I actually wanted a Blackberry Torch and my provider which is sprint does not carry it. AT&T has an exclusive agreement with Blackberry. I get to pick my new phone this April.
Posted by: Richard A Belock | January 24, 2011 at 11:35 PM