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Cloud Computing Poses E-Discovery, Legal Risks

Apr 10, 2009, 22:03 (1 Talkback[s])
(Other stories by Marty Foltyn)

"The 2006 e-discovery amendments to the Federal Rules of Civil Procedure (FRCP) changed the legal and corporate information landscape, putting custody and control at top of mind.

""Cloud computing means that data may always be in transit," said Teppler, "never anywhere, always somewhere."

"And that creates a big challenge for corporate counsel. How can they identify "who, when and where" in the cloud? How can organizations handle document retention? And to add another layer of worry, information targeted for the cloud may also be subject to laws requiring privacy and persistent data integrity, and other requirements that the storage manager may not even be aware of.

"Teppler spelled out the top cloud computing shortcomings: no native security attributes; inadequate or no security provisioning by providers; the lack of understanding of cloud legal issues (a real problem for not only cloud computing providers, but also corporate counsel and IT consultants); and the failure to recognize potential liability from either legal issues or a lack of security."

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