Blog Network

About The Bloggers


Lawyers Face Criminal Liability for Failing to Encrypt E-Mail

Apparently, the state of Nevada wants to make sure that "What Happens in Vegas, Stays in Vegas" -- or at least that any communication about what happens stays secure. Via Larry Bodine's Law Marketing Blog, effective October 1, Nevada law requires requires that businesses encrypt all personal, identifiable information transmitted over the Internet, and makes failure to do so a criminal misdemeanor. As Bodine points out, the new law applies to law firms. 

Bodine's post highlights some of the problems with the new law. Bryce K. Earl, a lawyer interviewed for the post, believes that the statute is vague and does not specify what would qualify as encryption. For example, "an argument could be made that a password-protected document sent in an e-mail might be good enough to hold up with the state's broad definition of encryption here. Is that good enough?"

While preserving client confidences are a paramount ethical responsibility for lawyers, do lawyers deserve to face criminal liability for mere carelessness?

Posted by Carolyn Elefant on October 9, 2008 at 09:24 AM | Permalink | Comments (0)


About ALM  |  About  |  Customer Support  |  Privacy Policy  |  Terms & Conditions