Strategy: SaaS and E-Discovery | InformationWeek Reports

SaaS and E-Discovery: Navigating Complex Waters

As SaaS applications become the norm at most enterprises and more and more business data is stored in the cloud, companies are becoming accustomed to evaluating SaaS and cloud providers around key areas such as the security and long-term storage of their data. But they also must consider how their SaaS applications will be affected by e-discovery, the process by which enormous quantities of electronic information are searched and analyzed in the event of a lawsuit.

Is the information you’ve stored on the cloud provider’s premises freely accessible to you? Can it be retrieved on demand, in sufficient quantity and within tight deadlines? Are mechanisms in place to ensure that potentially relevant material isn’t being deleted? Even more important, are you confident that information you thought was deleted is actually gone? Are you ready to stand in front of a judge and prove it?

These questions are best asked of a SaaS provider before an e-discovery event occurs, particularly if you are dealing with cloud apps for e-mail, Office documents and business records, all of which are popular targets of opposing counsel.

Many of the criteria that should be used to evaluate a SaaS provider are also relevant to e-discovery. This should make it simpler to determine whether a SaaS provider can meet e-discovery-specific requirements in a few critical areas, such as the ability to apply legal holds to certain data sets, and to retrieve large volumes of data quickly and in a usable format.

We’ll examine how e-discovery requirements align with many general SaaS considerations, and also discuss features and capabilities specific to e-discovery that IT and legal teams should ensure can be met by a provider. We’ll also review the basics of the e-discovery process, and provide guidance on the use of SaaS-based e-discovery services as a complement to, or alternative for, premises discovery tools. (S2550211)

continued @  InformationWeek Reports ::Strategy: SaaS and E-Discovery.

Cloud Computing Case Clarifies Applicability of U.S. Privacy Law to Non-U.S. Nationals : Electronic Discovery Law

The Ninth Circuit Court of Appeals, in its October 3, 2011 decision in Suzlon Energy Ltd v. Microsoft Corporation, has taken another step in defining the rights of people to protect their emails from being disclosed in civil court proceedings.  The question before the Suzlon court was whether a party can require a U.S. electronic communication service provider to produce emails stored on a U.S. server for the account of a non-U.S. national without regard to the safeguards and restrictions imposed by the Electronic Communications Privacy Act of 1986 (ECPA).  The court answered with a clear “no,” stating that the protections of the ECPA against unrestricted disclosure of emails by an electronic communication service provider apply to non-U.S. nationals as well as to U.S. citizens.

via Cloud Computing Case Clarifies Applicability of U.S. Privacy Law to Non-U.S. Nationals : Electronic Discovery Law.

Technology blunders: Simple things lawyers can do, or don’t do, to protect information | State Bar of Wisconsin

You don’t have a screen-saver password. Usually, your computer logs itself out after a period of inactivity. If not, you should direct it to do so. Without a screensaver password, anyone could log back in to your computer. If you leave your computer running without a screensaver password, for any reason, there’s an open invitation for someone to browse your files or download inappropriate material.

You never turn your computer off. Computers, you have noticed, are imperfect. Processes don’t terminate the way they should, applications get tangled, and your own tendency to have 15 programs running at once tends to create collisions. As John puts it, “lots of stuff hangs around impeding the performance of your machine.” The fix is easy – either turn the machine off every night – or if you need to leave it running for remote access (that is, after you’ve installed a screensaver password!), turn it off when you go to lunch. Once a day is the rule. No exceptions.

Your password is your birthday. Passwords must 12 characters long. Anyone with any IT sophistication can crack your eight-character password, no matter what it is, in less than two hours. With 12 characters, it takes 17 years. Most bad guys can’t wait that long. Make it easy on yourself and create a passphrase: GoingonanAlaskancruisein2011! is perfect – and easy to remember.

You hide your password in an easy-to-find location. Passwords are meant to be remembered, but are easily forgotten. When we visit law firms to give advice on security and technology issues, we often find passwords on monitors, under keyboards, and in the top right-hand drawer of the desk. Surely, the bad guys can figure those places out, too.

You download illegal software. Being penny wise and pound foolish is common – however, the installation of illegal software in law offices is horrifying. The Business Software Alliance (BSA) is not amused by illegal software – and at $150,000 per copyright violation, you are unlikely to be amused if discovered. By the way, most of the BSA’s leads come from employees. Do all of your employees adore you?

Your backup media goes bad. Inevitably. No matter what kind of backup you use (and shame on you if you’re not backing up), you must – absolutely must – do test restores of the data to ensure that all is well. That is true even if you are using an online backup provider. We once saw a major online back-up provider lose five years of law firm data – they had never done a test restore. Make sure your provider is doing this. Note: Read Ross Kodner’s Wisconsin Lawyer article, “Saving Your Practice: Backup That Works,” for more information on this topic.

You use autocomplete. Autocomplete is your enemy. This is the Outlook function that helpfully suggests an email address when you begin to type. In the last week, we have received three emails meant for other people. John turns his off. Sharon likes autocomplete, but she has a firm rule. When the email is finished, her hands come off the keyboard until she has verified that the addresses on the email are what she intended. Without this rule, she acknowledges she, too, would be among the hordes of lawyers who have, at the very least, embarrassed themselves. One lawyer meant to send a very important email to co-counsel and ended up sending it to a New York Times reporter instead. Take your hands off the keyboard.

You don’t have a PIN on your smartphone. Remember the ethics rule about keeping client data confidential? If you don’t have a PIN on your smartphone, run, do not walk, and get one installed. We once found a SAIC phone lost at an airport. No PIN. The owner was lucky that we were honest folks and turned it over to security

via Technology blunders: Simple things lawyers can do, or don’t do, to protect information | State Bar of Wisconsin.

Amazon releases secure cloud for government | Software, Interrupted – CNET News

Cloud service provider Amazon Web Services (AWS) today announced AWS GovCloud, a new AWS Region designed to allow U.S. government agencies and contractors to move more sensitive workloads into the cloud by addressing their specific regulatory and compliance requirements.

Amazon’s move reflects the ongoing adoption of public cloud services by government entities, including the U.S. Treasury’s Recovery Accountability and Transparency board, which hosts Recovery.gov and Treasury.gov on AWS, as well as NASA’s Jet Propulsion Laboratory, which processes telemetry data and high-resolution images on an array of EC2 cluster compute instances.

via Amazon releases secure cloud for government | Software, Interrupted – CNET News.

KnowledgeTree Takes on Box.net for Mobile Content Management

If you think Box.net is the only cloud-based document management provider with a handle on mobile, it’s time to think again. KnowledgeTree (news, site) has just announced their foray into mobile document management with a new Android app.

Going Mobile with your Documents

KnowledgeTree is a mid-market provider of cloud-based document management. Its solution is about managing the processes around documents and a bit of lightweight contract management and records management thrown in for good measure. And like its competitor, Box.net, it’s very collaboration focused.

Today, KnowledgeTree has launched a new Android application to support an organization’s document management processes anywhere, anytime. Organize, edit, sync and manage your documents from your secure KnowledgeTree vault and associated processes all from the comfort of your Android phone.

 

Included in the mobile apps is a secure vault for disconnected usage. This vault is encrypted and requires passcodes.

via KnowledgeTree Takes on Box.net for Mobile Content Management.

Report: Twitter deep into talks to purchase TweetDeck – FierceMobileContent

Twitter is in advanced talks to acquire social networking management solutions provider TweetDeck for about $50 million. The Wall Street Journal reports Twitter is targeting TweetDeck in an effort to simplify its microblogging services and broaden the appeal of its platform for both new and existing users. TweetDeck effectively serves as a personalized browser spanning across a user’s social networks and contacts, offering customization tools to simplify tweeting and sharing photos, videos and links. Twitter declined to comment; TweetDeck CEO Iain Dodsworth could not be reached.

According to The Wall Street Journal, Twitter’s plans to enhance its overall appeal include welcoming new users with tweets from individuals in their specific geographic region, in part to dispel the image that the platform serves as little more than a soapbox for celebrities to broadcast their opinions.

via Report: Twitter deep into talks to purchase TweetDeck – FierceMobileContent.

SaaS And E-Discovery Dangers — InformationWeek

Litigation may be the last thing on IT’s mind as it evaluates software-as-a-service options for the enterprise. Unfortunately, litigation and e-discovery–the act of finding, preserving, and analyzing electronic information–are facts of life. If your company gets dragged into a lawsuit and relevant information is stored inside a provider’s cloud, you need to know that information is available on demand.

That’s why IT should add e-discovery criteria to its list of considerations when evaluating SaaS providers, particularly when looking at services such as hosted e-mail and e-mail archiving, PC and file-share backups, and other information sources that create a legal data trail. No company wants to find that a SaaS application it purchased to streamline operations suddenly has become a major hurdle to its e-discovery obligations.

Fortunately, many of the criteria, including storage and performance, that IT already uses to evaluate SaaS providers can be applied to e-discovery. However, there also are e-discovery-specific requirements that must be considered, such as fine-grained control over retention and disposition of data, and the ability to quickly retrieve information from the service provider’s system.

via SaaS And E-Discovery Dangers — InformationWeek.

Early Data Assessment and Emerging Trends in E-Discovery

Historically this processing has all been done manually in a service provider data center, but now that ubiquitous network connectivity is available, and networking security has been proven to be effective, a combined “hybrid approach” is being taken. This, like your cable company method of providing you data and entertainment access, is beginning to involve equipment on the customer/enterprise premises and a service capability in the cloud. The legal services provider supplies some local processing expertise and assists with intelligent analysis and collection by deploying local processing technology. The legal service provider augments this local offering with services in their data center in a “cloud model” where the customer can consume services as they need them. The customer gets expertise, technology and implementation of data processing services as an operational expense. The customer gets scalable infrastructure and access to services that would be hard for them to develop in-house. The corporate customer avoids large initial investments in hardware and software infrastructure.

via Early Data Assessment and Emerging Trends in E-Discovery.

IBM to Create Computing System for NATO’s Military Intelligence Analysis – Bloomberg

International Business Machines Corp., the world’s biggest computer-services provider, is building a cloud-computing system for NATO in the first such deal for the international military alliance.

The software and hardware will let NATO more quickly collect and analyze data, such as military intelligence in Afghanistan, said E.J. Herold, head of the project for IBM. NATO’s military command department in Norfolk, Virginia, will use the technology first, with the possibility it will expand to other divisions, he said. Terms of the accord weren’t disclosed.

IBM gains a foothold for similar projects for NATO’s other departments, as well as its 28 member countries. The Armonk, New York-based company is betting cloud computing, which helps customers save money by letting them store and access data via the Internet, will be a $3 billion business by 2015.

via IBM to Create Computing System for NATO’s Military Intelligence Analysis – Bloomberg.

Tech Law: Court Ruling Grants Email the Cloak of Privacy

The Sixth Circuit Court of Appeals has handed down a ruling that delights privacy advocates and Fourth Amendment purists: In U.S. v. Warshak, it found that the government should have obtained a search warrant before seizing and searching defendant Stephen Warshak’s emails, which were stored by email service providers.

In the criminal case, Warshak was being investigated by the Justice Department for fraud and related crimes associated with his marketing of “male enhancement” pills.

During the investigation, the Justice Department ordered the email provider to prospectively preserve copies of Warshak’s future emails, using a subpoena and a non-probable cause court order. The government based its actions on the Stored Communications Act, which allows it to obtain emails already in storage with a provider.

The Court of Appeals agreed that the government did act in good faith by relying on the Stored Communications Act. However, it continued, a warrant was in order.

“If we accept that an email is analogous to a letter or a phone call, it is manifest that agents of the government cannot compel a commercial ISP to turn over the contents of an email without triggering the Fourth Amendment,” the decision reads. “An ISP is the intermediary that makes email communication possible. Emails must pass through an ISP’s servers to reach their intended recipient. Thus, the ISP is the functional equivalent of a post office or a telephone company.”

via Technology News: Tech Law: Court Ruling Grants Email the Cloak of Privacy.