Electronic Discovery Navigator

The TRUTH About Cloud-Based Data Storage And Risk management

The TRUTH About Cloud-Based Data Storage And Risk management

"Deciding whether to use a public or private cloud can make a major difference when it comes to the vulnerability of the data being stored. Since the third-party vendor owns the cloud, they decide what triggers their duty to divulge the information subject to subpoena. This can be a key issue when it comes to e-discovery lawsuits."

Compliance in the Cloud and the Implications on eDiscovery

Compliance in the Cloud and the Implications on eDiscovery

"Today, nearly every corporation is required to preserve and produce electronically stored information (ESI), such as e-mails and other electronic documents, as part of their response to litigation, regulatory inquiries and subpoenas.

When the subject ESI happens to be stored in the cloud, there are a handful of potential obstacles that serve to complicate the electronic discovery process. For some this leads to sanctions and increased compliance risks.

In order to navigate these treacherous waters, companies need to be proactive and follow a "measure twice, cut once" approach. This article will point out ways to minimize compliance headaches when migrating significant data stores to the cloud."

Cloud computing crime poses unique forensics challenges

Cloud computing crime poses unique forensics challenges

"As cloud computing becomes more widespread, its use in criminal activity will likely grow. Authorities will need better forensic tools if they're going to extract evidence from cloud-based environments.

Cloud services are relatively new, insofar as use by the general public for storage is concerned, said Martin Novak, physical scientist at the National Institute of Justice (NIJ). Over time, it's expected that clouds will contain more and more evidence of criminal activity. To help extract that evidence, the Department of Justice's research arm, the NIJ, recently revealed plans to fund research into improved electronic forensics in several areas, including the cloud."

Hosting eDiscovery in the Cloud: Know What You’re Getting

Hosting eDiscovery in the Cloud: Know What You’re Getting

"There is a lot of confusion over what constitutes the cloud. “Clouds” can be an umbrella term for pretty much anything at all that involves either storage pooling, delivery of some service over the Internet, or a nifty idea that came out of your marketing team’s Monday morning meeting. “Heh! Let’s call the product a cloud! Yeah, that’s the ticket!”

So let’s define some cloud terminology narrowed down by eDiscovery. Essentially eDiscovery applications and services are cloud-based when they are delivered online by third-party providers. Titles are fluid and indistinct, but a couple of the major examples include Software as a Service (SaaS) or cloud-based application delivery, and hosted eDiscovery or cloud-based eDiscovery. (Believe me, different vendors will define these terms according to what they think will sell the best.) Below are some decent working definitions."

FORENSIC FILES: Clouds on the horizon

FORENSIC FILES: Clouds on the horizon

"Duplicability is a major concern with ESI (electronically stored information) and the cloud is no different. Multiple copies of records may exist in multiple locations in the cloud. Again, jurisdictional issues could arise and complicate the situation.

Responsiveness and compliance are also areas of concern. What happens when the data is subpoenaed? Can my cloud provider respond effectively to a litigation hold or discovery order? Does my provider's cloud meet any regulatory requirements that apply to my client?

These are all questions and concerns that should be addressed BEFORE committing to a significant use of cloud resources. The service agreement is a good place to start when evaluating cloud providers. It should clearly explain how they would respond to these and other legal requirements."