Legal Implications of Cloud Computing -- Ethics

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It is time to talk about cloud computing and ethics. Yes, ethics. Historically, lawyers and technologists lived in different worlds. The lawyers were over here, and IT was over there. Here's the reality: Technology - whether we are talking cloud computing, ediscovery or data security generally - IS very much the business of lawyers. This article is Part Five in InfoLawGroup's series on the Legal Implications of Cloud Computing (you can find Parts One through 4.5 here: http://www.infolawgroup.com/articles/cloud-computing-1/). This latest installment focuses on three recent documents, ranging from formal opinions to draft issue papers, issued by three very prominent Bar associations -- the American Bar Association (ABA), the New York State Bar Association (NYSBA), and the State Bar of California (CA Bar). These opinions and papers all drive home the following points: as succinctly stated by the ABA, "[l]awyers must take reasonable precautions to ensure that their clients' confidential information remains secure"; AND lawyers must keep themselves educated on changes in technology and in the law relating to technology. The question, as always, is what is "reasonable"? Also, what role should Bar associations play in providing guidelines/best practices and/or mandating compliance with particular data security rules? Technology, and lawyer use of technology, is evolving at a pace that no Bar association can hope to meet. At the end of the day, do the realities of the modern business world render moot any effort by the Bar(s) to provide guidance or impose restrictions?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tanya Forsheit, InfoLawGroup LLP | Attorney Advertising

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Tanya Forsheit
InfoLawGroup LLP

Tanya L. Forsheit is one of the Founding Partners of InfoLawGroup LLP. Tanya founded InfoLawGroup in... View Profile »


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