The Cloud

Earl C. Rich, CRM

We’re Gonna Talk About:

• Define what The Cloud is

• Discuss the different types of Clouds

• Discuss Cloud service-types

• RIM issues in The Cloud

• Data Security issues in The Cloud

• Legal challenges with The Cloud

• Why IT likes The Cloud

• Contracts are the key

• Review Cloud Computing Agreements

• Open Discussion / Questions

IT Stuff

RIM Topics

Contracts

What is “The Cloud”?

“The Cloud” is a metaphor inspired by the cloud symbol used to represent the Internet in flow charts and diagrams.

Techie Definition:

Cloud computing describes the disruptive transformation of IT toward a service-based economy, driven by economic, technological, and cultural conditions.¹

Real-World Definition:

Cloud is a style of computing where scalable and elastic IT-related capabilities are provided as a service to external customers using Internet technologies.²

1: Tom Jenkins, “Managing Content in the Cloud” (2011, October)2: Gartner.com

Types of Clouds

Types of IT Clouds

• Public Cloud – Traditional model where vendors dynamically allocate resources through web applications.

• Private Cloud – Computing platform is dedicated to a single customer and can be housed internally or externally.

• Hybrid Cloud – Your organization’s hardware interacts with a vendor-hosted service (e-mail archiving, web filtering, etc...). This model can also be used for “Cloud Bursting” where an organization’s infrastructure is used for normal computing needs, but cloud resources are used to carry peak loads.

• Community Cloud – Infrastructure is shared between similar organizations (i.e., all agencies within a government), but not with other outside parties. This model may also be referred to as a “government cloud”.

Public, Private and Hybrid Clouds

Cloud Service-Types

Infrastructure as a Service (IaaS)

The capability provided to the consumer is to provision processing, storage, networks, and other fundamental computing resources.

Platform as a Service (PaaS)

PaaS offerings typically include workflow facilities for application design, application development, testing, deployment and hosting.

Software as a Service (SaaS)

Software is accessible via the client’s Web browser Instead of on a local network or hard-drive.

Cloud Computing Diagram

So Far, So Good… right?

Data Security Issues

• HIPAA:

– If the data contains Protected Health Information (45 C.F.R. §160.103), then the two groups (yours and theirs) must enter into a “business associate contract” (45 C.F.R. §164.504(e)(2))

• FMLA and the ADA:

– Both contain confidentiality provisions that restrict access to first aid and safety personnel, supervisors/managers, government officials, etc... (29 C.F.R. §825.500(g); 29 C.F.R. §1630.14 (c)(1))

• Section 817.5681, Florida Statutes:

– Breach of security for “personal information” (§817.5681(5), Fla Stat.) must be noticed to the owner of the data (you) within 10 days, and to residents of Florida within 45 days (§817.5681(1)(a); §817.5681(2)(a), Fla. Stat.)

Legal Matters

• Subpoenas:

– Cloud vendors may be directly served a subpoena (Section 215 of the U.S. Patriot Act) and may not be allowed to disclose the existence or nature of the subpoena.

• E-Discovery/Rule 26 and Destruction Holds:

– All data, regardless of where it is stored, must be disclosed (Rule 26(a), F.R.C.P. (2010)). A party is required to produce data in a reasonably usable form, and is required to preserve electronically stored information [ESI] once litigation is anticipated or has commenced (Rule 37(f), F.R.C.P. (2010)).

• Jurisdiction:

– Both parties should agree on a “home” jurisdiction, but if a cloud computing provider is located outside of the United States, it may be difficult to enforce any judgement of a U.S. court.

RIM Issues

• Public Records Issues:

– Data stored or created in The Cloud are records (whether F.O.R. or duplicate)!

– The entity that “owns” the data is responsible for adhering to Chapter 119

– The data must be retrievable and in a meaningful format to fulfil PRR standards

• 1B-26.003, F.A.C. (1B-26):

– If the items are File of Record (F.O.R.), then 1B-26 requirements must be met (storage methods, security standards, maintenance methods, etc...)

• Records Retention and Destruction:

– The Cloud provider must be able to maintain records for the prescribed lifecycle

– The user (you, not them) must have the ability to initiate destruction of records

Why IT Likes the Cloud

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Cloud Computing Value

Pros & Cons of Cloud Computing

A Good Contract is your Key to the Clouds

The main point of this entire presentation is that care should be taken during the contracting process to make sure that each issue is addressed and fully negotiated in any contract or SLA.

Review of two real-life Cloud Computing agreements

Cloud Computing Roadmap

Questions