Cybersecurity Risks In The Courtroom

By Daniel Garrie, David Cass, Joey Johnson and Richard Rushing (July 31, 2017, 10:23 AM EDT) -- Though courts are traditionally open to the public through physical access, or electronic filing systems such as PACER, courts around the country are routinely tasked with administering justice in a confidential setting. Because of the level of accessibility of courts, security has traditionally focused on aspects of physical security such as the guidance published by The National Center for State Courts. We are now in the time where companies have seen devastating cyberattacks. In order to protect the integrity of the judicial process, courts also need to focus on cybersecurity. These confidential proceedings arise in a wide variety of contexts, spanning trade secret disputes, national security issues, settlement results, and cases involving minors, just to name a few. While there have not been many publicized breaches of court-situated information, as cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors. This article will outline some of the risks posed to courts and offer some guidance for managing those risks....

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