National Post (National Edition)

HACKERS SELL CREDIT CARD INFORMATIO­N ON THE DARKNET FOR $2 TO $4 A POP.

- Financial Post

that the spyware responsibl­e had been formulated on a Chinese-language keyboard and could be traced to servers in China linked to stateowned enterprise­s.

It was no secret that the Chinese government, worried about a global potash monopoly, opposed the deal. As the Chinese have long been accused of resorting to cyberespio­nage for various political and commercial purposes, the evidence implicatin­g China was telling.

It subsequent­ly emerged that an unrelated attack had targeted another major M&A, while a third was aimed at high-profile litigation.

“For someone who wants easy access to competitiv­e typed in the firm’s trust account password, it sent the password to the hackers. It then became a simple matter to access the account and transfer out what has been reported as a “six-figure sum.”

So what are Canada’s law firms doing to shore up their security? Both firms and outside experts agree that awareness is increasing, often as a result of pressure from clients.

“Banks, for example, are ensuring that the law firms who act for them have a stringent cybersecur­ity protocol and insisting that they have adequate training and insurance,” Ahmad said. “And many law firms are introducin­g policies relating to M&A cybersecur­ity due diligence programs.”

Following the Potash incident, Toronto-based Goodmans LLP (which was not a target in the M&A-related cyber attack) introduced applicatio­n white-listing technology developed by Massachuse­tts-based Bit9 Inc. The software allows only trusted programs to run on a law firm’s system.

By contrast, Torys LLP simply locked down end user privileges on the firm’s desktops, which prevented end users from installing unauthoriz­ed applicatio­ns without authorizat­ion.

According to Ahmad, 2017 will be a watershed year for cybersecur­ity because impending changes to Canada’s privacy legislatio­n will require custodians of data, including law firms, to report informatio­n security breaches that pose a “real risk of significan­t harm.”

“About 47 U.S. states already have that requiremen­t,” Ahmad said.

The new reporting requiremen­t may well reveal that cybersecur­ity is a much bigger issue than the profession cares to admit. Because losing confidenti­al informatio­n is high on the list of factors that can undermine a firm’s reputation, law firms have not been prone to acknowledg­e publicly that they’ve been the target of attacks, especially successful ones.

Several years ago, a survey revealed that almost one in five law firms in the U.K. had suffered a cyberattac­k in the preceding 12 months.

Chief informatio­n officers at some of the country’s largest law firms later told media “the threat and frequency of cyber attacks is likely to be much higher than the perception­s of those surveyed.”

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