Proposed Formal Opinion Interim No. 08-0002 (Confidentiality and Technology) has been flying under the radar for most California attorneys, but for the first time the technology chicken is coming home to roost in the California Bar’s first proposed ethics opinion at the juncture of client confidentiality and technology. You can download the seven-page proposed opinion. The proposed opinion remains open to public comment until January 4, 2010.

On balance, it is an excellent description of how newer technologies impact the duties of competence and client confidentiality. It seems particularly wise in not addressing these issues by taking on particular technologies; rather it provides a sensible approach enabling an attorney to understand what the potential problems are and how they miight be resolved in a practical while ethical manner.

I differ with the opinion on language in the section about “legal ramifications to a third party who intercepts, accesses or exceeds authorized use of the electronic information.” The discussion at page five of the opinion does clear things up in that regard, but the summary point could be clearer. What I think they mean to say is “applicability of civil or criminal laws protecting an expectation of privacy, with consequences to a third party who intercepts, accesses or exceeds authorized use of the electronic information.”

Problems with privacy are among the most recurring topics of interest to geek heads in the legal services community. To feed that understandable preoccupation, consider Scientific American Magazine’s special September focus on The Future of Privacy. (You can get a quick overview of the issue in Barb Iverson’s post at Poynter Online, Sept. Scientific American: Dude, Where’s My Privacy.)

Privacy. It’s a recurring topic of obvious concern to folks. Of note, a useful overview article a few days back from Mark Glaser of PBS MediaShift fame: Your Guide to Online Privacy. The article includes familiar riffs on the privacy impact of search engines and social network sites, as well as a useful list of “privacy sites” and “privacy manifestos,” if you’re into that.

Less useful in a practical sense but emblematic of the editorial tone of a lot of the MediaShift content is an even more recent, only so-so post about 5 Videoblogs That Do It Right. Personally, I don’t have it in me to prioritize web video feeds as part of my cognitive daily diet, but I have to give props to MediaShift for picking up on video cult comedy fave Ask A Ninja, who are responsible for, among other things, an especially authoritative review of Pirates of the Caribbean.

Today Google announced a new privacy tips video series available for viewing via YouTube. As of today it comprises an eleven-set playlist of Google Privacy Tips videos. Helpful for those who strive to better understand how Google privacy settings work for a range of its much-used products.