Cloud Computing

News & Analysis as of

Proposed Change to Export Controls Would Allow Use of the Cloud for Encrypted Data

On June 3, 2015 the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) published proposed regulations which would change the definition of the...more

Chicago, Searching for Tax, Taxes Searchable Websites

A new ruling by the City of Chicago, the Personal Property Lease Transaction Tax Ruling #12 (June 9, 2015), takes a broad view of how its whopping 9 percent tax applies to cloud-based services. Providers of information...more

The City of Chicago Moves Aggressively to Tax ‘The Cloud’

As a result of two rulings, each effective July 1, 2015, the city of Chicago will attempt to tax the “Cloud” more directly and comprehensibly than any other U.S. jurisdiction. On June 9, 2015, the Chicago Department of...more

The USA Freedom Act: What it Changes and (Mostly) Doesn't for Cloud Services--And is it Really the Issue

The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more

Court of Appeal Upholds Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Apparently Google does not appreciate being ordered by a Canadian court to remove worldwide search results. In Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.) we reviewed a 2014 decision in which...more

Oral Argument Scheduled in Microsoft Foreign Data Demand Appeal

The U.S. Second Circuit Court of Appeals scheduled oral argument for September 9, 2015 on Microsoft’s appeal of a district court opinion upholding the validity of the U.S. government’s search warrant for customer data stored...more

Outsourcing by Canadian Companies after the USA PATRIOT Act

Wondering about outsourcing your data to the U.S.? What follows is an update to one of our most popular posts: Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act, originally written in January 2013....more

New Technologies Test the Limits of the Duty to Preserve, Collect and Produce Information in Civil Discovery

While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more

Four Things You Should Know about New York State’s Recent Advisory Opinion on the Taxation of Software as a Service (“SaaS”)

On May 15, 2015, the New York State Department of Taxation and Finance released Advisory Opinion TSB-A-15(2)S which concluded that sales of certain cloud computing services are not subject to New York State sales and use tax....more

Four Things You Should Know About New York's Recent Advisory Opinion on the Taxation of SaaS

On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

New York Advises Sales of “Computing Power” Not Taxable

Yesterday, the New York Department of Taxation and Finance Office of Counsel issued advisory opinion TSB-A-15(2)S holding that cloud computing vendors providing “Internet infrastructure” were not subject to sales tax. ...more

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -...more

Cloud computing contracts – the EU Commission report

Further to the EU Commission communication on “Unleashing the potential of cloud computing in Europe” the Commission adopted a European Cloud Computing Strategy (you can find more information here) which is also based on a...more

Polsinelli Podcasts: Cloud Computing, From Cybersecurity to Confidentiality Issues [Video]

Hosting and securing data is a concern for both businesses and consumers. As companies and health systems are quickly adopting the idea of hosting data “in the cloud,” regulatory agencies are crafting laws to protect private...more

Microsoft Adopts International Cloud Privacy Standard

Public cloud computing services-- computing resources (such as networks, storage, applications, and services) purchased from another company (a “cloud services provider”)-- offer many potential benefits for businesses, among...more

ECJ case on Safe Harbor

The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid.  The case was originally brought by Austrian law student, Max Schrems....more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Meritas in the Cloud: The Digital Law Office

Technological innovations in the digitization of information and communications have greatly changed the practice of law in the past decade and will undoubtedly continue to do so at an accelerating pace. While lawyers and law...more

Is Privacy Dead?

If the Internet and social media have not already killed privacy, Big Data and the Internet of Things (IoT) are likely to finish the job. As 91 percent of American consumers agreed in a recent Pew Research Center survey,...more

Cloud Computing: Legal Issues on the Horizon

In the May 2014 issue of the Business Litigation Report, we discussed a hot topic in law and technology: cloud computing. That topic did not cool down over the summer. Businesses and courts—including the Supreme Court—have...more

How Oil and Gas Companies can Optimize Technology Performance and Costs During Oil Price Volatility

An unexpected surge in production coupled with weakened global demand has resulted in a 50 percent drop in the price of crude oil since June 2014 and currently averaging US$50 a barrel. The Organization of the Petroleum...more

The Roundup: Last Week’s Recommended Reading (Jan 9, 2014)

From Around the Web - Retirement Options for Solo and Small Law Firms: Being a sole practitioner or small-firm shareholder gives you the ability to choose the kind of retirement plan that is right for you and your...more

Law Firm 3.0: Thinking Beyond the Virtual and Conventional Models

Cloud technology allows attorneys to work anywhere they have a secure internet connection. This provides for greater flexibility, happier lawyers, higher profits, and better-served clients. However, a pure virtual law firm is...more

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