A bit of a techno-firestorm started in late 2009 when my friends John Simek and Sharon Nelson alerted lawyers to the security flaws of the iPhone. They have warned the legal profession to be careful not to use the iPhone because if lost or stolen the phone can be quickly compromised and confidential data stolen with the right equipment.
While I respect John and Sharon immensely, I have disagreed with their analysis of our profession's Rules of Professional Conduct: I don't believe lawyers need to give up the iPhone as a business tool in order to avoid a potential breach of client confidentiality.
Now comes word via NetworkWorld and Wired of the ease by which to comprise an Android phone and steal cell phone signals.
As technology marches on, criminals will find ways to compromise it. Whether it is an iPhone, Android phone, or other phone, they are vulnerable to these criminals. It is up to lawyers to maintain reasonable security on their phones, but there is no need to trade in cell phones each time a headline points out a particular phone is vulnerable. Our ethical rules just don't require it.
