December 15, 2009 :: Data backups, privacy, and reliability in the digital world

Any important data should be in three places, minimum. You cannot assume that online systems, even ones for which you pay, are invulnerable. For long range planning, in a 3-10 year plan for data security and reliability, you must retain control of your data, and data backups.

How Facebook Is Making Friending Obsolete - WSJ.com: "those who want a private experience on Facebook will have to work harder at it: if you inadvertently post a comment on a friends profile page that has been opened to the public, your comment will be public too."

Having privacy in the online world is a shrinking commodity. This WSJ.com article illustrates that profit is not assumed in huge sites like facebook, which the article points out is the 5th most popular, yet barely profitable.

IMPORTANT LESSON: Don't rely completely on online systems for your valuable data! (Yes, that lesson ended with an exclamation point.)

Remember when MySpace was king? Remember when AOL was super-king? How about Yahoo? Enron, Lehman Brothers, etc. I tell my wife, that moving photographs from the camera to the computer is the FIRST step. Do not delete the photos from the camera's memory card (backup #1). Then she needs to backup the computer using Apple's TimeMachine (backup #2). Then upload the original format photo somewhere which isn't facebook, such as picasaweb, where she can still access the original photo for mass download (backup #3). Then, she has not a single photo if her camera and computer (with its backup) are lost, for example, tornado or flood which takes the house with all contents.

The moral is that large companies fail, consumers' tastes change, technology develops, and your data is not safe exclusively in one place. My prior career had me responsible for hundreds of companies' data, consisting of websites, databases, and draft designs, plus our own financial data, including accounting, accounts, contacts, etc. When I drafted backup systems for my own organization, I was nervous about data loss when I saw a single backup fail. Because backup tapes degrade with time and CD's/DVD's can be easily damaged, I used several systems to back each other up. Drives mirrored each other online (backup #1). Mirror images of working hard-drives backed up crucial data every night onto offline disks (backup #2), backups of those were made onto tapes (backup #3), tapes were rotated off site in case of fire (backup #4), and some data was backed up to remote servers across the net (backup #5). More than one backup, so that any one failure, or two linked systems could fail, and no one would loose data.

Law firms are in a strange position of having to have absolute reliability for data, but it MUST remain confidential. Enter encryption for remote, cloud-based backups. Incremental backups keep the cost down on a recurring basis, while the firm retains control over backups and restore ability.

People's individual's computers in a firm scares me quite a bit, because much of their work, their data, is not backed up at all. Weak data security policy is one where the user has to do something. Where a network drive is provided and users are encouraged to back up their work, a computer is not replaceable within a day or so in case of "sledgehammer syndrome." I ask, "if I take a sledgehammer to your computer, how long would it take to be working on another computer, having all your data back?" It's a good, fair question with individual computers. With Apple's TimeMachine, right now, I can be up and running within two hours with a new computer with every bookmark, every file, every blog entry, and almost no lost time.

Relying on one backup is not good enough. Relying on people to back things up is the equivalent of free-solo rockclimbing: as long as nothing bad happens, it's cheap, enjoyable, and care free. My advice to both groups: enjoy it, just realize that one slip and you're through.

Subpoena Facebook Information | Lawyerist

Good information to have, in case it's needed:

Subpoena Facebook Information | Lawyerist: "One of our commenters on Leora’s Facebook sleuthing post asked how to go about getting information from Facebook pursuant to a subpoena for a court case. I followed up with Facebook, and got the contact information to (1) preserve information, and (2) get ahold of it. Here is the address and fax where you should send your subpoena or court order:

Facebook
Attn: Security Department
1601 South California Avenue
Palo Alto, CA 94304

fax: 650.644.3229"

Tasers are not safe!

Despite their use against EVERY officer who carries one as a matter of training, tasers are "less than lethal" weapons. They are not "non-lethal." It's a very important difference.
in reference to: Sword-wielding man dies after being Tasered by Hampton police -- dailypress.com (view on Google Sidewiki)

Does Kentucky Law protect a fetus from mother's cocaine use?

Currently in front of the Kentucky Supreme Court. This is scary if you support a woman's rights to do with her body what she wants.

in reference to: State-Journal.com - Does law protect fetuses from mothers' cocaine use? (view on Google Sidewiki)

Constitutional Crisis in Maricopa County, Arizona

Sheriff Joe and his army are on the march.

in reference to:

"Students of the Constitution have always realized that our tripartite government relies on the good will of the executive (which controls the use of violence) and the legislative (which controls the money) to do what the judiciary (which controls bupkus) says.  When the guys with all of the guns stop listening to the guys in black robes, they stop participating in our Constitutionally-formed government and becomes no better than warlords."
- Defending People » Why Maricopa County Matters (view on Google Sidewiki)

Worst Police Misconduct Videos of 2009

It's difficult to watch some of these videos, how police officers can be suddenly so violent, then claim, along with their departments, that they were within policy. Reminds me of a good friend's oft quoted line from "south park," where hunting endangered animals is perfectly legal when the fatal shot to the beast is proceeded with the exclamation, "Look out, he's charging!"

in reference to:

"As the year closes I thought that one way to look back at the year in police misconduct would be too review some of the videos of police misconduct we’ve seen in the news… and let you tell us which ones you thought were the worst."
- Worst Police Misconduct Videos of 2009 – Reader Poll « Injustice Everywhere (view on Google Sidewiki)

Dec 12, 2009 :: Florida Ethics advisory opinion limits facebook friends for judges

The Florida Judicial Ethics Advisory Committee opines on ethical issues relating to judges' use of on line social networking sites. A summary of the opinion from the committee

This is an interesting advisory opinion. The implications are that lawyers cannot befriend judges in Florida. What about golf & tennis clubs?