Issue link: https://epubs.iltanet.org/i/98946
www.iltanet.org Cloud computing vendors should be carefully scrutinized and obligated to respect client confidentiality. access the information and use it to the detriment of a client. Just as with various data service companies and delivery personnel, cloud computing vendors should be carefully scrutinized and obligated to respect client confidentiality under serious potential consequences for any security failure. Cloud service users should also recognize that data in the cloud might be subject to spoliation or some unauthorized tampering. According to ABA Formal Opinion 99-413, 1999, transmission of confidential and sensitive information over the Internet without encryption by email is acceptable in most cases because there is "a reasonable expectation of privacy from both a technological and legal standpoint." This opinion has been extended to cloud computing in New York (NYSBA Opinion 842, 2010) and Arizona (AZ Bar Ethics Opinion 09-04, 2009), provided that law firms take reasonable precautions to avoid unauthorized access. Most states seem to be following suit, but it's important to check with your own bar association to ensure compliance with the latest ethical standards. Cloud clients must also consider the risk of service failures. The fact is that all major technology companies experience service failures at one time or another — it's just a reality of life in the information age. This is a serious risk consideration for law firms that need 24/7 access to their information stored in the cloud. However, this same risk factor applies to a law firm's own computer network 20 ILTA White Paper and data infrastructure. Be sure to seek information about the reliability of a cloud provider's services, including a history of all prior service interruptions and the time required to re-establish service. Finally, there is the consideration of the cloud service provider's financial stability. It's essential that you investigate the company's fiscal condition and their access to working capital in order to minimize the risk of a sudden business failure. You should also determine a process for acquiring your data from the provider if the business relationship ends for any reason. A Model Choice Law firms that have already gone down the road of cloud computing have blazed a trail for the industry and identified two principal business models for the delivery of cloud computing services. Of course, many law firms technically have stored some of their data in the cloud for years, such as accounting records and legal research results. Taking shape now, though, are a couple of general models for a fundamental shift in how we manage even the most sensitive data files, including client electronic information related to pending litigation and governmental investigations. The first model is the total outsourcing of all data and software applications to a third-party provider