Posts in Special Series

20/20, ABA, client confidentiality, COPRAC, encrypt, encryption, ethics, Formal Opinion Interim No- 08-0002, lawyers, New York State Bar Association, online storage, Opinion 842, professional responsibility, State Bar of California, technology, wifi

Legal Implications of Cloud Computing -- Part Five (Ethics or Why All Lawyers-Not Just Technogeek Lawyers Like Me-Should Care About Data Security)

By InfoLawGroup LLP on October 19, 2010

So, you thought our cloud series was over? Wishful thinking. It is time to talk about ethics. Yes, ethics. Historically, lawyers and technologists lived in different worlds. The lawyers were over here, and IT was over there. Here's the reality: Technology - whether we are talking cloud computing, ediscovery or data security generally - IS very much the business of lawyers. This post focuses on three recent documents, ranging from formal opinions to draft issue papers, issued by three very prominent Bar associations -- the American Bar Association (ABA), the New York State Bar Association (NYSBA), and the State Bar of California (CA Bar). These opinions and papers all drive home the following points: as succinctly stated by the ABA, "[l]awyers must take reasonable precautions to ensure that their clients' confidential information remains secure"; AND lawyers must keep themselves educated on changes in technology and in the law relating to technology. The question, as always, is what is "reasonable"? Also, what role should Bar associations play in providing guidelines/best practices and/or mandating compliance with particular data security rules? Technology, and lawyer use of technology, is evolving at a pace that no Bar association can hope to meet. At the end of the day, do the realities of the modern business world render moot any effort by the Bar(s) to provide guidance or impose restrictions? Read on and tell us - and the ABA - what you think.

Cloud, compliance, contracting, IaaS, PaaS, privacy, SaaS, Security

Legal Implications of Cloud Computing -- Part Three (Relationships in the Cloud)

By InfoLawGroup LLP on October 21, 2009

While there is much debate on the IT side as to whether Cloud computing is revolutionary, evolutionary or "more of the same" with a snazzy marketing label, in the legal context, Cloud computing does have a potential significant impact on legal risk. Part three of our ongoing Cloud legal series explores the relationships in the Cloud, and the potential legal implications and impacts suggested by them.

Binding Corporate Rules, breach notification, EU Data Protection Directive, Gramm-Leach-Bliley, HIPAA, model contracts, privacy, Safe Harbor

Legal Implications of Cloud Computing -- Part Two (Privacy and the Cloud)

By InfoLawGroup LLP on September 30, 2009

Last month we posted some basics on cloud computing designed to provide some context and identify the legal issues. What is the cloud? Why is everyone in the tech community talking about it? Why do we as lawyers even care? Dave provided a few things for our readers to think about -- privacy, security, e-discovery. Now let's dig a little deeper. I am going to start with privacy and cross-border data transfers. Is there privacy in the cloud? What are the privacy laws to keep in mind? What are an organization's compliance obligations? As with so many issues in the privacy space, the answer begins with one key principle -- location, location, location.

Breach, contracting, e-Discovery, Electronic evidence, EU Directive, IaaS, outsourcing, PaaS, privacy, SaaS, Security, service provider

Legal Implications of Cloud Computing -- Part One (the Basics and Framing the Issues)

By InfoLawGroup LLP on August 16, 2009

I had the pleasure of hearing an excellent presentation by Tanya Forsheit on the legal issues arising out of cloud computing during the ABA Information Security Committee's recent meeting (at the end of July) in Chicago. The presentation resulted in a spirited debate between several attorneys in the crowd. The conversation spilled over into happy hour and became even more interesting. The end result: my previous misunderstanding of cloud computing as "just outsourcing" was corrected, and now I have a better appreciation of what "the cloud" is and the legal issues cloud computing raises.