ABA Resources

Cybersecurity Legal Task Force

This module contains Task Force-generated resources. The modules following detail resources from across the ABA.

Books

The ABA Cybersecurity Handbook (3rd Ed.), 2022

COVID-19 Response

View government policy and guidance, ABA policy and programming, and more cybersecurity resources for responding to the COVID-19 pandemic. 

Elections

View the Task Force's compilation of election cybersecurity and disinformation resources.

Event Audio/Video Recordings, Remarks, and Resources

Scroll down for information on on-demand CLE's.

(Audio Recording)  (CLE Materials) Law Firm Cybersecurity Requirements You Never Dreamed Of: Emerging Threats, Ethical Obligations to Clients, and Survival Tactics (August, 2019)

(Luncheon Program) Sleepless in Cyberspace: Navigating the Threat Landscape ft. Robert Litt, Paul Rosenzweig and Lucy Thomson (September, 2018)

Federal Cybersecurity Legislation Tracker

Check back for updates!

July 27, 2020

February 10, 2020

On-demand CLE; Webinars

Remote Working in a Time of COVID-19: Cybersecurity Issues You Need to Know, March 2020 (View ABA News coverage)

Hacking Elections: Cyber Threats, Vulnerabilities, and the Way Forward, March, 2019

(2018 5-Part On-Demand CLE Series) Cybersecurity Wake-Up Call: The Business You Save Might Be Your Own

Policy

Resolution 610 on law schools incorporating cybersecurity into their curricula, August 2023

Resolution 609 on adopting certain guidelines for the development and use of AI, August 2023

Resolution 608, Adopted at the 2023 Annual Meeting August 2023

Urges Congress to enact legislation establishing a duty to implement reasonable cybersecurity for organizations and urges Congress and the federal government to seek harmonization with existing cybersecurity laws, regulations, and frameworks while also providing incentives and resources to enhance organizations' and users' cybersecurity protections and resiliency. View the video of the House of Delegates discussion here.

Resolution 604 on adopting certain guidelines for the development and use of AI, February 2023

Resolution 300B on civic education and digital literacy, August 2020 

Resolution 300A on election disinformation, August 2020

Resolution 118 on election cybersecurity, February 2020 

Report and Resolution 116 on cybersecurity in the courts, August 2015 

Report and Resolution 109 on cybersecurity issues affecting national and economic security, August 2014 

Report and Resolution 118 on intrusions into and legislative response to computer systems and networks utilized by lawyers and law firms, August 2013 

Cybersecurity Legal Task Force: Five Principles,  November 2012

Resolution 105A, amending the black letter and Comments to Model Rules of Professional Conduct, August 2012 

Reports/Publications

Vendor Contracting Cybersecurity Checklist (2nd), 2021 

• Vendor Contracting Webinar Slides

Law Firm Information Sharing Survey & Report, 2019 (Cybersecurity Legal Task Force)

Summary of Recommendations for Election Reform and Strengthening the Security of Election Systems (November, 2019)

ABA Journal Series: 'Digital Dangers' (June-December, 2018)

(Checklist ) Vendor Contracting Project: Cybersecurity Checklist (2016)

Advocacy

Letter to Congress: ABA urges congress to fund judiciary cybersecurity (September 2021)

Articles and Periodicals

Periodicals (Check back regularly for cybersecurity features)

• Antitrust Magazine (Antitrust Law Section)
  
• Business Law Today (Business Law Section)
  
• Law Practice Magazine (Law Practice Division)
  
• Law Practice Today (Law Practice Division)
• Law Technology Today (Law Practice Division)
• The Judges' Journal (Judicial Division)
• The SciTech Lawyer (Section of Science and Technology Law)

Articles

• ERISA Cybersecurity: A New Frontier, Employee Benefits Committee Newsletter, Summer 2021 (Labor and Employment Law Section)
  
• Cybersecurity for Attorneys: The Ethics of Incident Response, Law Practice Today, November 2020 (David Ries)
• Cyber Safety in the Era of Cyber Warfare, SciTech Lawyer, Spring 2020
• Artificial Intelligence in Our Legal System, The Judge's Journal, February 2020 (Judge John Allen)
• Cybersecurity for Attorneys: Addressing the Legal and Ethical Duties, Law Practice Today, November 2019 (David Ries)
• The State of Cybersecurity in Congress, ABA Grassroots, August 2019 (Governmental Affairs Office)
  
• Moving to the Cloud: Options for Every Firm, ABA Journal, July 2019 (ABA Journal)
  
• Antitrust Magazine, Spring, 2019 (ft. an interview with FTC Bureau of Consumer Protection Director Andrew Smith) (Antitrust Law Section)
  
• Survey of the Law of Cyberspace, The Business Lawyer, Winter 2016-2017 (Business Law Section)
  
• Ethics and Technology: Traps and Pitfalls, Before the Bar, November 2016 (Center for Professional Responsibility)
• Survey of the Law of Cyberspace, The Business Lawyer, November 2012 (Business Law Section)

Books

• Healthcare Cybersecurity, 2021 (Health Law Section)
• Automated Vehicle Law: Legal Liability, Regulation, and Data Security, 2020 (Science & Technology Law Section)
  
• HIPAA: A Practical Guide to the Privacy and Security of Health Data (2nd), 2020 (Health Law Section)
• Protecting Against Cyber Threats: A Lawyer's Guide to Choosing a Cyber Liability Insurance Policy (2nd), 2020 (Standing Committee on Lawyers' Professional Liability) 
• Corporate Director's Guidebook, 2020 (Business Law Section)
• America Votes! Challenges to Modern Election Law and Voting Rights (4th), 2019 (Section of State and Local Government Law)
• Cloud 3.0: Drafting and Negotiating Cloud Computing Agreements, 2019 (Business Law Section)
• The Internet of Things (IoT): Legal Issues, Policy, and Practical Strategies, 2019 (Science & Technology Law Section)
  
• ACLEA award-winning publication, The ABA Cybersecurity Handbook (2nd Ed.), 2018 (Check out this review of the Handbook to learn more) (Cybersecurity Legal Task Force)
  
• Homeland Security and Emergency Management A Legal Guide for State and Local Governments, Third Edition, March, 2018 (Section of State and Local Government Law)
• Guide to Cybersecurity Due Diligence in M&A Transactions, 2017 (Business Law Section) 
• Cybersecurity for the Home and Office: The Lawyer's Guide to Taking Charge of Your Own Information Security, 2017 (Science & Technology Law Section)
• (Publication) A Playbook for Cyber Events (2nd Ed.), 2016 (Standing Committee on Law and National Security)
• Internet Law for the Business Lawyer, Second Edition, 2012 (Business Law Section)
  
• Patriots Debate: Contemporary Issues in National Security Law - Chapter 9. Cyberwar (2012) (Standing Committee on Law and National Security)
• Technology Licensing: A Practitioner's Guide, 2010 (Science & Technology Law Section)
• Distance Learning and Copyright: A Guide to Legal Issues, 2008 (Section of Intellectual Property Law)
  
• Data Security Handbook, 2008 (Antitrust Law Section)
• International Guide to Combating Cybercrime, 2003 (Science & Technology Law Section)

Committees

Section of Administrative Law and Regulatory Practice 

• Government Information and Right to Privacy Committee

Antitrust Law Section:

• Media and Technology Committee
•  Privacy and Information Security Committee
• Women.Connected

Business Law Section

• Cyberspace Law Committee

Section of Civil Rights and Social Justice

• National Security and Civil Liberties Committee
• Privacy and Information Protection Committee

Criminal Justice Section

• Cyber Crime Committee
• Science Technology and Forensics Committee

Section of Dispute Resolution

• Technology in ADR Committee

Section of Environment, Energy, and 
Resources

• Science and Technology Committee

Health Law Section

• eHealth, Privacy, and Security Interest Group

Section of Intellectual Property

• Anti-Counterfeiting and Piracy Committee
• Information Technology Committee
• Privacy and Publicity Rights Committee

Section of International Law 

• National Security Committee
• Privacy, Cybersecurity, and Digital Rights Committee

Judicial Division

• Court Technology Committee

Labor and Employment Law Section

• Technology in the Practice and Workplace Committee

Law Practice Division

• Legal Technology Resource Center

Section of Litigation: 

• Privacy and Data Security Committee 
• Standing Committee on Technology and Information Systems

Section of Public Contract Law

• Cybersecurity, Privacy, and Data Protection Committee

Real Property, Trust, and Estate Law Section

• Economics, Technology, and Practice Methods

Section of Science & Technology Law

Learn more about the following committees: Artificial Intelligence and Robotics Committee; Big Data Committee; Cloud Computing Committee; E-Filing Committee; E-Privacy Committee; Homeland Security Committee; Information Security Committee; Insurance Technology and Risk Committee; Internet of Things Committee; Open Source Software Committee; Privacy and Computer Crime Committee

Tort Trial and Insurance Practice Section

• Cybersecurity and Data Privacy Committee

Event Audio/Video Recordings, Remarks, and Resources

• (Audio Recording)  (CLE Materials) Law Firm Cybersecurity Requirements You Never Dreamed Of: Emerging Threats, Ethical Obligations to Clients, and Survival Tactics (August, 2019) (Cybersecurity Legal Task Force)
  
• (Panel) Supply Chain Security is National Security, May 2019 (Standing Committee on Law and National Security)
• (Luncheon Program) Sleepless in Cyberspace: Navigating the Threat Landscape ft. Robert Litt, Paul Rosenzweig and Lucy Thomson (September, 2018) (Cybersecurity Legal Task Force)
• Remarks by Steven R. Chabinsky, "How Today's Cybersecurity Problems are Reshaping National Security Law" November 29, 2012 (Standing Committee on Law and National Security)

Formal Opinions

• Formal Opinion 495: Lawyers Working Remotely, December 2020 (Center for Professional Responsibility)
• Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, October 2018 (Center for Professional Responsibility)
  
• Formal Opinion 477R: Securing Communication of Protected Client Information, May 2017 (Center for Professional Responsibility)

On-demand CLE; Webinars

• Cybersecurity and Data Privacy: Understanding the Basics to Practice (and Outsource) Ethically and Safely, September 2021 (Center for Professional Responsibility
• Cybersecurity and Government Contracts Compliance Through Reality-Based Scenarios, July 2021 (Section of Public Contract Law)
  
• Election Security Panel, October 2020 (Public Contract Law Section)
• AI and Robotics in the Workplace, April 2020 (Section of Science & Technology Law)
• The Evolving Landscape of Privacy and Cybersecurity, April 2020 (Section of Litigation)
• Remote Working in a Time of COVID-19: Cybersecurity Issues You Need to Know, March 2020 (Cybersecurity Legal Task Force) (View ABA News coverage)
• Best of ABA TECHSHOW: Anatomy of a Data Breach: Analyzing Past Breaches to Minimize Risk, February 2020 (Law Practice Division)
  
• Legal Implications of New Technologies, Part One: Ethical Duty of Competence When Dealing With New Technologies, December, 2019 (Section of Litigation)
• Cyberattacks and Data Breaches: Are You Ready?, December, 2019 (Section of Litigation)
• SciTech Focus on Blockchain: Smart Code and Smart Contracts, November 2019 (Science & Technology Law Section)
• Blockchain Opportunities for Healthcare, October 2019 (Health Law Section)
• What US Lawyers Should Know About Artificial Intelligence, August, 2019 (Business Law Section)
• Encryption for Lawyers: Fulfilling Your Ethical Duties, July, 2019 (Law Practice Division)
• The New Era of Privacy and Cybersecurity for Law Firms, May, 2019 (Law Practice Division)
  
• New Computer Overlords?: Responding to Promises and Threats of Machine Learning in Financial Services, March 2019 (Business Law Section)
  
• Blockchain Technology and Smart Contracts for the Business Lawyer, March, 2019 (Business Law Section)
• Hacking Elections: Cyber Threats, Vulnerabilities, and the Way Forward, March, 2019 (Cybersecurity Legal Task Force)
• Legal Ethics and Cryptocurrency, December, 2018 (Business Law Section)
  
• Connecting the Dots: Governance… Artificial Intelligence… and Block Chain, September 2018 (Business Law Section)
  
• (2018) 5-Part On-Demand CLE Series) Cybersecurity Wake-Up Call: The Business You Save Might Be Your Own (Cybersecurity Legal Task Force)
• Current Developments in Grid Reliability, February, 2018 (Infrastructure and Regulated Industries Section)

Podcasts

Antitrust Law Section (Our Curious Amalgam)

Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing, March 2021

Standing Committee on Law and National Security (National Security Law Today)

• How the Global Privacy Crackdown Will Alter National Security with Alex Joel (Part 1), July 2021
  
• Algorithms with Alex Stamos, Part 2, July 2021
  
• Algorithms with Alex Stamos, Part 1, July 2021
• New Executive Order – Improving the Nation’s Cybersecurity, May 2021
  
• Artificial Intelligence, National Security Law, and Ethics with Judge James Baker and Corin Stone, April 2021
• Disinformation, Deep Fakes, and Truth Decay with Glenn Gerstell, February 2021
• Policies to Harden America's Cyber-Security Standing with Sean Joyce, February 2021
• How does CISA and the intelligence community protect American elections? With Dan Sutherland, October 2020
• China and National Security: From TikTok to Hong Kong with Dean Cheng, August 2020
• Hacking Democracy: Elections and Beyond LIVE, July 2020
• Six Pillars of Cyber Deterrence with Suzanne Spaulding, March 2020
• Securing the Cloud with Alissa Starzak, March 2020
• Luncheon with the General Counsel of ODNI LIVE, February 2020
  
• A Discussion with NSA General Counsel Glenn Gerstell, January 2020
  
• 5G and National Security LIVE with Craig Silliman, December 2019
• Disinformation and Deepfakes with Matthew Ferraro, December 2019
• Elections are Critical Infrastructure Part I and Part II with Megan Stifel and Andrew Borene, September 2019
  
• Can We Protect National Security if Virtual Currency Use Expands? with Adam Zarazinski, June 2019
• Foreign Threats to Democracy LIVE at the Annual Conference with Suzanne Spaulding, February 2019
• Surveillance and the 4th Amendment with Bob Litt, February 2019
• Social Media and National Security Pt. 2 with Peter Singer and Rachel Levinson-Waldman, January 2019
• Third Party Consent in the Digital Age with Jamil Jaffer, December 2018
• Privacy and National Security in 2018 LIVE with Glenn Gerstell, December 2018
• The Criticality of Communications with Craig Silliman, February 2018
• Defend Your Data with Jill Rhodes, January 2018

Policy

• Resolution 300B on civic education and digital literacy, August 2020 (Cybersecurity Legal Task Force)
• Resolution 300A on election disinformation, August 2020 (Cybersecurity Legal Task Force)
• Resolution 118 on election cybersecurity, February 2020 (Cybersecurity Legal Task Force, Section of State and Local Government Law) 
• Resolution 112 on the emerging ethical and legal issues related to AI in the legal profession, August 2019 (Science & Technology Law Section)
  
• Report and Resolution 108 on the importance of cyber-preparedness and actions that should be taken to prevent a cyber-attack from occurring, February 2017 (Standing Committee on Disaster Response and Preparedness)
• Report and Resolution 116 urging the federal, state, local, territorial, and tribal legislatures and government agencies to provide the funding necessary to develop, implement, and maintain appropriate cybersecurity programs for the courts and to train court personnel on methods to counter threats and protect judicial information systems from cyber intrusions or data breaches, August 2015 (Cybersecurity Legal Task Force)
  
• Report and Resolution 109 addressing cybersecurity issues that are critical to the national and economic security of the United States, August 2014 (Cybersecurity Legal Task Force)
  
• Report and Resolution 118 condemning intrusions into computer systems and networks utilized by lawyers and law firms and urges federal, state, and other governmental bodies to examine and amend existing laws to fight such intrusions, August 2013 (Cybersecurity Legal Task Force)
  
• Cybersecurity Legal Task Force: Five Principles,  November 2012 (Cybersecurity Legal Task Force) 
  
• Resolution 105A, amending the black letter and Comments to Model Rules 1.0, 1.6, and 4.4, and the Comments to Model Rules 1.1 and 1.4 of the ABA Model Rules of Professional Conduct, August 2012 

Reports/Publications

• ABA TechReport, 2021
• Artificial Intelligence & Machine Learning: Emerging Legal and Self-Regulatory Considerations, Part Two: Competition Implications of Big Data and Artificial Intelligence/Machine Learning, 2021 (Antitrust Law Section) 
  
• ABA TechReport, 2020
• Law Firm Information Sharing Survey & Report, 2019 (Cybersecurity Legal Task Force)
• 2019 ABA Legal Technology Survey Report Vol II: Technology Basics & Security, October, 2019
• Summary of Recommendations for Election Reform and Strengthening the Security of Election Systems (November, 2019) (Cybersecurity Legal Task Force)
• ABA Tech Report (up to 2018) (Law Practice Division)
• 114th Congress Cybersecurity Activity, December 2016 (Governmental Affairs Office)
• (Checklist ) Vendor Contracting Project: Cybersecurity Checklist (2016) (Cybersecurity Legal Task Force)