Workers' Compensation: Cybersecurity Must be a Shared Responsibility

Cybersecurity security is becoming even more acute of an issue for law firms. The recent pandemic increased the reliance upon remote technology as lawyers and supporting staff have worked from home and participated in virtual meetings and hearings. The recent ransomware attacks on major utilities have created heightened concerns.

Nicole Perlroth, NY Times author of “This Is How They Tell Me The World Ends,” explains the moral dilemma of the US Government. The US has been stockpiling “zero-day” software, and now that software has fallen into the hands of criminals, terrorists, and nation-states. The adverse consequences have become enormous for US citizens and businesses.

Court ethics Rules have outlined the responsibilities of lawyers to maintain secure computer networks. Unfortunately, the solution is much more complicated and well beyond the ability of law firms to meet these global challenges.

Steve Gibson, a software engineer, security researcher, and IT security proponent and author of the podcast, Security Now, has written this week that “…the ship has sailed, and it has sunk,” on computer security. Gibson reflects that hackers have exploded the obsession of Americans for inexpensive gadgetry for convenience. An example he points out is the $5 automated lamp switch that may have software embedded in its chip that routes personal and confidential to ill doers and subjects systems to privacy violations and ransomware attacks.

Rapidly evolving technology places a considerable burden upon law firms to meet their professional responsibility to maintain secure and confidential computer networks. As Perlroth and Gibson point out, Government must regulate or certify equipment and criminalize exploitation rather than encourage the development of detrimental “zero-day” software.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.