Peer to Peer Magazine

Spring 2017

The quarterly publication of the International Legal Technology Association

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Page 49 of 79

51 WWW.ILTANET.ORG Here or There: Exchange On-Premises Versus Exchange Online FEATURES Security is a primary concern, but cost, licensing, maintenance and availability also complicate the decision. As Exchange 2010 nears obsolescence, management and IT teams are sorting through the issues as they plan to upgrade their systems. Mobile-First, Cloud-First Legal organizations require not only constant availability but also airtight security from their messaging systems. Cloud services such as Office 365 have been saddled with the popular perception that they are unable to meet both of these requirements. Microso, however, is intent on changing that aitude. Its strategy can no longer be summed up as "devices and services." It is now "mobile-first, cloud-first." How can two things be first? Cloud is necessary for the level of mobility envisioned. Microso is prioritizing mobility in the workplace; as several of its interdependent components become mobile-friendly, the others are driven to do likewise. At the Future Decoded conference, Microso CEO Satya Nadella said, "The only way you are going to be able to orchestrate the mobility of these applications and data is through the cloud... That's why the juxtaposition of cloud infrastructure and mobile experiences is where the world is going." Office 365 and Exchange Online (which is included under Office 365's suite of products) are no longer strictly appropriate for smaller organizations with limited or no IT departments. Nor is the line between cloud and physical definite anymore; as of 2016, Microso's server platforms and complementary products are validated in the cloud at scale and then packaged for on-premises use. Many firms are increasingly choosing to run an environment that is a hybrid of cloud and on-premises. According to a survey conducted by ILTA, most firms in 2016 were, by far, running an on-premises model, with 63 percent of firms running Exchange 2010. Firms running Exchange Online represented a small percentage of those surveyed (six percent). If Microso's traditional model of supporting two versions prior for direct coexistence and migration holds for the next on-premises release of Exchange beyond Exchange 2016 (which it almost certainly will), Exchange 2010 will be ineligible as a base for upgrade aer the next release. This means firms running Exchange 2010 will be able to upgrade to Exchange 2016 but not to the subsequent model without an arduous double-hop migration. Where Are the Data? General fear and uncertainty regarding the security of the internet has been the most significant obstacle for hosted applications. As one of our clients put it, "The internet is scary." The conception of the cloud reflects its name — it seems nebulous and ungraspable. There are hackers out there, viruses and, as revelations of a few years ago underscored, the government. With an on-premises server, you more or less know who can access it, but the cloud does not provide the same assurance. Another disconcerting aspect of Exchange Online for many firms is that it does not allow them to know exactly where their data reside within the region in which the tenant is provisioned. In addition, it is not currently possible to split a tenant across multiple geographic regions (e.g., assigning specific users and data into data centers in North America rather than Europe), making complete migrations to Exchange Online challenging or impossible for larger, multinational firms. Much of the future of the cloud will be determined by case law. In Microso Corporation v. United States of America, the court debated whether the U.S. can compel American companies to produce data stored in servers overseas — in this case, Ireland — and ruled that it cannot. Microso won, though the government is now appealing. The initial ruling is a positive one for technology advancement and the cloud services paradigm in general, but one that needs to be continuously monitored. As for compliance from abroad, Office 365 was the first public cloud provider to receive validation from the EU for meeting EU Model Clauses. German data centers currently under construction are being built to meet stringent German requirements. Aorneys should still review compliance requirements on a case-by-case basis to determine if cloud-hosted tools are appropriate. Some firms might have perceived or actual restrictions on data locality or privacy based on client requirements. Other firms might choose to permanently keep a JOE HOEGLER Joe Hoegler, Practice Group Leader at Kraft & Kennedy, Inc., is responsible for direction, delivery and thought leadership in the areas of messaging systems and unified communications, directory services, virtualization, high availability and disaster recovery, and data center design. Joe has presented at numerous industry conferences and is a Microsoft Certified Solutions Master: Messaging. This certification has been achieved by only 22 people worldwide. Contact him at hoegler@ Firms running Exchange 2010 will be able to upgrade to Exchange 2016 but not to the subsequent model without an arduous double- hop migration.

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