The Ethics of Cloud LawyeringYaacov Silberman, Rimon, P.C.Date: August 10, 2011
Yaacov Silberman•Director of Operations at Rimon•Debt Finance Group at Ropes &Gray, LLP•Assistant Director (Web Content)at...
What is “CloudComputing”?What are the ethicalconcerns? ✤Rules of Professional  Conduct ✤State Bar OpinionsHow do I evaluat...
e Cl oud?   hat is th1.W
Cloud Computing Pyramid
InfrastructureCloud Computing Pyramid
PlatformCloud Computing Pyramid
ApplicationCloud Computing Pyramid
2. Ethical Concerns
COMPETENCE
COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the le...
COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the le...
Confidentiality
ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe clie...
ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe clie...
THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ONPROFESSIONAL RESPONSIBILITY ANDCONDUCTFORMAL OPINION NO. 2010-179Does an a...
THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ON                                      sPROFESSIONAL RESPONSIBILITY AND    ...
Exercise Caution
Credit: Mike Johnson - TheBusyBrain.com
Credit: Mike Johnson - TheBusyBrain.com
Credit: Mike Johnson - TheBusyBrain.com
Whatprecautionscan I take?    Who can   access my     data?
Credit: BFIShadow
Ask for Help
Date
An Urgent Situation
3. Evaluating Cloud     Vendors
VENDOR
VENDORSecurity
VENDORSecurity                    Privacy
VENDOR           Security                                       PrivacyPhysical              ApplicationSecurity          ...
VENDOR           Security                                       PrivacyPhysical              ApplicationSecurity          ...
https://
VENDOR           Security                                        PrivacyPhysical              ApplicationSecurity         ...
VENDOR           Security                                        PrivacyPhysical              ApplicationSecurity         ...
I n t he e v e n t T h e mis Solution s In c.goes t h r ou g h a bus in es s tr a n s ition ,s uc h as a me r ge r , acq u...
Free/Low Cost   Paid/EnterpriseStorage/SharingBackup
Free/Low Cost                     Paid/EnterpriseStorage/Sharing             “Dropbox cooperates with government and law e...
Free/Low Cost                  Paid/Enterprise              “Decho does not disclose Personal Data,Storage       including...
Free/Low Cost                        Paid/EnterpriseStorage/Sharing           “. . . the receiving party will (a) use such...
Free/Low Cost                  Paid/EnterpriseStorage       “SOS cannot access data stored with UltraSafe              eve...
Free/Low Cost   Paid/Enterprise
Free/Low Cost                        Paid/Enterprise     If you have a Free Account, Mozy may terminate your     account a...
Free/Low Cost                       Paid/Enterprise    The Licensor may cancel the Subscriber’s Service with    or without...
Let’s Recap
Let’s Recap     =
Let’s Recap     =
Let’s Recap     =
Let’s Recap     =
Let’s Recap     =
Yaacov Silberman, Rimon Law Group   Www.rimonlaw.com   Info@rimonlaw.com
Rimon - CLE on Cloud Lawyering for PAABA
Rimon - CLE on Cloud Lawyering for PAABA
Rimon - CLE on Cloud Lawyering for PAABA
Rimon - CLE on Cloud Lawyering for PAABA
Rimon - CLE on Cloud Lawyering for PAABA
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Rimon - CLE on Cloud Lawyering for PAABA

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Presented to the Palo Alto Bar Association on August 10, 2011

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  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
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  • Rimon - CLE on Cloud Lawyering for PAABA

    1. 1. The Ethics of Cloud LawyeringYaacov Silberman, Rimon, P.C.Date: August 10, 2011
    2. 2. Yaacov Silberman•Director of Operations at Rimon•Debt Finance Group at Ropes &Gray, LLP•Assistant Director (Web Content)at TheLaw.com•University of Pennsylvania LawSchool (J.D.)•Yeshiva University (B.A.)•Casual Geek
    3. 3. What is “CloudComputing”?What are the ethicalconcerns? ✤Rules of Professional Conduct ✤State Bar OpinionsHow do I evaluate avendor?
    4. 4. e Cl oud? hat is th1.W
    5. 5. Cloud Computing Pyramid
    6. 6. InfrastructureCloud Computing Pyramid
    7. 7. PlatformCloud Computing Pyramid
    8. 8. ApplicationCloud Computing Pyramid
    9. 9. 2. Ethical Concerns
    10. 10. COMPETENCE
    11. 11. COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
    12. 12. COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. CA Rule 3-110. Failing to Act Competently. (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
    13. 13. Confidentiality
    14. 14. ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe client gives informed consent,[or] the disclosure is impliedlyauthorized in order to carry out therepresentation . . . .
    15. 15. ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe client gives informed consent,[or] the disclosure is impliedlyauthorized in order to carry out therepresentation . . . . CA Rule 3-100. Confidential Information of a Client. (A) A member shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) without the informed consent of the client . . . .
    16. 16. THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ONPROFESSIONAL RESPONSIBILITY ANDCONDUCTFORMAL OPINION NO. 2010-179Does an attorney violate the duties ofconfidentiality and competence he or she owes toa client by using technology to transmit or storeconfidential client information when thetechnology may be susceptible to unauthorizedaccess by third parties?
    17. 17. THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ON sPROFESSIONAL RESPONSIBILITY AND dCONDUCT nFORMAL OPINION NO. 2010-179 e p eDoes an attorney violate the duties of Dconfidentiality and competence he or she owes to I ta client by using technology to transmit or storeconfidential client information when thetechnology may be susceptible to unauthorizedaccess by third parties?
    18. 18. Exercise Caution
    19. 19. Credit: Mike Johnson - TheBusyBrain.com
    20. 20. Credit: Mike Johnson - TheBusyBrain.com
    21. 21. Credit: Mike Johnson - TheBusyBrain.com
    22. 22. Whatprecautionscan I take? Who can access my data?
    23. 23. Credit: BFIShadow
    24. 24. Ask for Help
    25. 25. Date
    26. 26. An Urgent Situation
    27. 27. 3. Evaluating Cloud Vendors
    28. 28. VENDOR
    29. 29. VENDORSecurity
    30. 30. VENDORSecurity Privacy
    31. 31. VENDOR Security PrivacyPhysical ApplicationSecurity Security
    32. 32. VENDOR Security PrivacyPhysical ApplicationSecurity Security
    33. 33. https://
    34. 34. VENDOR Security PrivacyPhysical ApplicationSecurity Security https://
    35. 35. VENDOR Security PrivacyPhysical ApplicationSecurity Security https://
    36. 36. I n t he e v e n t T h e mis Solution s In c.goes t h r ou g h a bus in es s tr a n s ition ,s uc h as a me r ge r , acq uisition b yan ot h e r c omp an y, or sa le of a ll or apo r t io n o f it s as s e ts , y our p e r s on a llyid ent i fi ab l e in f o r mation will like lybe am o n g t h e a s s e ts tra nsferred. Youw il l be n ot if i e d v i a e mail a n d a no t ie ia ma ilpr o mi ne n t n o t ic e on our We b s ite for30 da ys o f an y s uc h ch a n ge inow n er s hi p o r c o n t rol of y ourpe r s o n al in f o r mat ion . - Cl io P ra ctice M an a gemen t
    37. 37. Free/Low Cost Paid/EnterpriseStorage/SharingBackup
    38. 38. Free/Low Cost Paid/EnterpriseStorage/Sharing “Dropbox cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you toBackup government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas)”
    39. 39. Free/Low Cost Paid/Enterprise “Decho does not disclose Personal Data,Storage including the data you back up with the Service, unless disclosure is necessary to comply with an/Sharing enforceable government request such as a warrant.”Backup
    40. 40. Free/Low Cost Paid/EnterpriseStorage/Sharing “. . . the receiving party will (a) use such Confidential Information solely for the purposes for which it is provided; (b) not disclose such Confidential Information to any third party; . . . The foregoing willBackup not apply to any use or disclosure that is (i) required by applicable law, legal process or governmental authority, provided that the receiving party uses reasonable efforts to notify the disclosing party of the required disclosure and cooperates in obtaining a protective order to limit such disclosure . . . .
    41. 41. Free/Low Cost Paid/EnterpriseStorage “SOS cannot access data stored with UltraSafe even under a Court order; the data is encrypted/Sharing and the correct password must be supplied to access the data.”Backup
    42. 42. Free/Low Cost Paid/Enterprise
    43. 43. Free/Low Cost Paid/Enterprise If you have a Free Account, Mozy may terminate your account and these Terms immediately and without notice if your computer fails to access the Services to perform a backup for more than thirty (30) days or you fail to comply with these Terms.
    44. 44. Free/Low Cost Paid/Enterprise The Licensor may cancel the Subscriber’s Service with or without cause upon thirty (30) day’s prior written notice given by the Licensor by at least two emails sent to the Subscriber at the Subscriber’s address as shown in the Subscriber’s account details.
    45. 45. Let’s Recap
    46. 46. Let’s Recap =
    47. 47. Let’s Recap =
    48. 48. Let’s Recap =
    49. 49. Let’s Recap =
    50. 50. Let’s Recap =
    51. 51. Yaacov Silberman, Rimon Law Group Www.rimonlaw.com Info@rimonlaw.com

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