Bruce Green was quoted in Law360 about lawyers being trained to maintain digital privacy related to confidential client information during customs and immigration checks.
Rules of professional conduct require attorneys to make reasonable efforts to prevent inadvertent or unauthorized disclosure of sensitive client information, said Bruce A. Green, a Fordham University School of Law professor and member of the New York State Bar Association’s Committee on Professional Ethics.
“This includes its being read by folks at the border,” he said. “Our focus here is on the U.S. border, but I would think the principle would apply to Canadian and Australian and any other border where agents reserve the right to look at what’s on your cellphone.”
It would also extend to travel to countries where devices may be at a greater risk of being hacked or where travelers are not allowed to bring in an encrypted device without a license, panelists said.
Panelists advised such tactics as using burner — that is, disposable — devices for international travel, using devices that store everything on a cloud-based server or backing up remotely and then deleting all emails and data on devices before even approaching borders.
“At what point will it not be a ‘best practice,’ but you’ll be subjected to discipline for failing to do it?” Green asked. “I think this is going to be the standard.”
