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Cloud Computing for Lawyers- Chicago Bar Association Presentation
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Cloud Computing for Lawyers- Chicago Bar Association Presentation

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In this presentation I discussed issues related to the use of cloud computing (and SaaS) in the legal field.

In this presentation I discussed issues related to the use of cloud computing (and SaaS) in the legal field.

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Cloud Computing for Lawyers- Chicago Bar Association Presentation Presentation Transcript

  • 1. Cloud computing & your law practice Nicole Black Founder of lawtechTalk www.lawtechtalk.com Sunday, November 15, 2009
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  • 3. What is cloud computing and why should you care? Sunday, November 15, 2009
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  • 5. Cloud computing is a “type of computing that is comparable to grid computing, relies on sharing computing resources rather than having local servers or personal devices to handle applications. The goal of cloud computing is to apply traditional supercomputing power (normally used by military and research facilities) to perform tens of trillions of computations per second.” Sunday, November 15, 2009
  • 6. Cloud computing is a “type of computing that is comparable to grid computing, relies on sharing computing resources rather than having local servers or personal devices to handle applications. The goal of cloud computing is to apply traditional supercomputing power (normally used by military and research facilities) to perform tens of trillions of computations per second.” Software as a service —or SaaS —is “[a] software delivery model in which a software firm provides daily technical operation, maintenance, and support for the software provided to their client.” Sunday, November 15, 2009
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  • 10. A fundamentalist is a person who considers whether a fact is acceptable to their faith before they explore it. As opposed to a curious person who explores first and then considers whether or not they want to accept the ramifications. --Seth Godin Sunday, November 15, 2009
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  • 17. Ethical issues to consider: A. Attorney client confidentiality B. Compare/contrast to traditional outsourcing relationships C. Transborder data flow D. Meeting obligations of “reasonable” security E. Electronic evidence/e-discovery Sunday, November 15, 2009
  • 18. QUESTION “May a lawyer use an e-mail service provider that scans e-mails by computer for keywords and then sends or displays instantaneously (to the side of the e-mails in question) computer-generated advertisements to users of the service based on the e-mail communications?” The New York State Bar Association Committee on Professional Ethics, Opinion 820-2/08/08 Sunday, November 15, 2009
  • 19. ANSWER “Unless the lawyer learns information suggesting that the provider is materially departing from conventional privacy policies or is using the information it obtains by computer-scanning of e-mails for a purpose that,unlike computer-generated advertising, puts confidentiality at risk, the use of such e-mail services comports with DR 4-101…A lawyer may use an e-mail service provider that conducts computer scans of e-mails to generate computer advertising, where the e-mails are not reviewed by or provided to other individuals.” Sunday, November 15, 2009
  • 20. QUESTION The question addressed in this opinion is whether a lawyer violates SCR 156 by storing confidential client information and/or communications, without client consent, in an electronic format on a server or other device that is not exclusively in the lawyer’s control. ANSWER In order to comply with the rule, the lawyer must act competently and reasonably to safeguard confidential client information and communications from inadvertent and unauthorized disclosure. This may be accomplished while storing client information electronically with a third party to the same extent and subject to the same standards as with storing confidential paper files in a third party warehouse. If the lawyer acts competently and reasonably to ensure the confidentiality of the information, then he or she does not violate SCR 156 simply by contracting with a third party to store the information, even if an unauthorized or inadvertent disclosure should occur. Sunday, November 15, 2009
  • 21. The ABA Committee addressed an issue much closer to that discussed here in Formal Opinion number 95-398, and concluded that a lawyer may give a computer maintenance company access to confidential information in client files, but that in order to comply with the obligation of client confidentiality, he or she “must make reasonable efforts to ensure that the company has in place, or will establish, reasonable procedures to protect the confidentiality of client information.” State Bar of Nevada Standing Committee on Ethics and Professional Responsibility, Formal Opinion No. 33 Sunday, November 15, 2009
  • 22. In a decision issued last week by the United States District Court, District of Oregon Opinion and Order in In re: US, Nos. 08-9131-MC, 08-9147-MC, the government successfully argued that it need not notify the account holder regarding a warrant that is served upon the ISP holder of the email account (gmail). In reaching its decision, the court gave lip service to the concept that emails are entitled to Fourth Amendment protection, but then stated: “Much of the reluctance to apply traditional notions of third party disclosure to the e-mail context seems to stem from a fundamental misunderstanding of the lack of privacy we all have in our e-mails. Some people seem to think that they Sunday, November 15, 2009
  • 23. In comparison, however, see footnote 7 from the October 2009 Memorandum and Order issued by the United States District Court, Eastern District of New York, in US v. Cioffi: “One preliminary matter is not in question: The government does not dispute that Tannin has a reasonable expectation of privacy in the contents of his personal email account. See United States v. Zavala, 541 F. 3d 562,577 (5th Cir. 2008) ("[C]ell phones contain a wealth of private information, including emails, text messages, call histories, address books, and subscriber numbers. [The defendant] had a reasonable expectation of privacy regarding this information."); United States v. Forrester, 512 F.3d 500, 511 (9th Cir. 2008) ("E-mail, like physical mail, has an outside address 'visible' to the third-party carriers that transmit it to its intended location, and also a package of content that the sender presumes will be read only by the intended recipient. The privacy interests in these two forms of communication are identical. The contents may deserve Fourth Amendment protection, but the address and size of the package do not.").” Sunday, November 15, 2009
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  • 29. 1. Encryption 2. Geo-redundancy 3. Data back ups 4. Extraction of data Sunday, November 15, 2009
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