Cybersecurity: The Judicial Role

It was a great honour to address the National Judicial College of Australia’s conference in Hobart in October 2017 on the topic: “Cybersecurity: The Judicial Role”.

The Digital Age presents major legal and ethical challenges to Australian legal practitioners and corporations.  Lawyers play a critical, practical role in assessing and managing such risks on a daily basis. In the United States, twenty State jurisdictions have adopted an “Ethical Duty of Technological Competence” as a component of the lawyer’s duty.

Recent developments in Australia and internationally highlight the symbiotic relationship between lawyers and the courts in relation to the effective protection of the following key cybersecurity issues:
    Personal information/ Privacy
    Data (including metadata) protection and data breaches
    Threats, threat landscapes and threat actors
    Critical infrastructures
    Cloud computing
    The “C-I-A Triad” (Confidentiality – Integrity – Availability) cybersecurity framework