NCOIC Discusses e-Discovery and Cloud Computing

An image of a light shining through a tunnel.

Transformation Network

By pwsadmin | May 15, 2021

The Achilles heel of every transformative business model is their reliance on ever increasing amounts of data that need to be transported quickly across wide area networks and processed at…

A person holding up three frames in front of their face.

Essential Characteristics of Cloud Computing as Digital Transformation

By pwsadmin | May 15, 2021

Hybrid IT blends traditional datacenters, managed service providers, and cloud service providers to deliver the necessary mix of information technology services. This IT consumption model enables a composable infrastructure which…

A mosaic of hands and flowers on the wall.

Transformation Innovation

By pwsadmin | May 15, 2021

4 Factors Driving Digital Transformation ROI The critical assessment factors for cloud ROI risk probability are the following:      Infrastructure utilization Speed of migration to cloud Ability to scale business/mission processes…

A neon sign with a handshake on it.

Transformation Frameworks

By pwsadmin | May 15, 2021

Digital transformation necessitates changes in an organization’s operational processes. According to Harvard, a focus on operations can lead to business process optimization and entirely new revenue streams. Three common routes…

A group of people standing in a room with wires hanging from the ceiling.

Transformation Infrastructure

By pwsadmin | September 26, 2020

Hybrid IT enables a composable infrastructure which describes a framework whose physical compute, storage, and network fabric resources are treated as services. Resources are logically pooled so that administrators need…

A close up of the pattern on a solar panel.

Essential Characteristics of Cloud Computing as Digital Transformation

By pwsadmin | September 25, 2020

A survey of 2,000 executives conducted by Cognizant in 2016 identified the top five ways digital transformations generate value:      Accelerating speed to market      Strengthening competitive positioning      Boosting revenue growth      Raising…

A close up of the trees in the sky

Embrace Transformation

By pwsadmin | September 22, 2020

From a business perspective, differentiating business processes and quality customer service are central to overall success. Business leaders must therefore clearly identify and measure how information technology contributes to the…

An image of a person's eye in a computer screen.

Computer Vision Advances Zero-Defect Manufacturing

By pwsadmin | July 25, 2020

by Kevin L. Jackson Electronics manufacturers operate in a challenging environment. It’s hard enough to keep up with the ever-accelerating rate of change in the industry. Now customers want increasingly…

A blue bus driving down the street with people crossing it.

Real-Time Analytics Power the Roadway of the Future

By pwsadmin | July 25, 2020

By Kevin L. Jackson The complexities of citywide traffic are pushing the limits of existing transportation management systems. Outdated infrastructure is based on proprietary, single-purpose subsystems, making it costly to…

A businessman standing on top of a cliff with his arms raised.

Thriving on the Edge: Developing CSP Edge Computing Strategy

By pwsadmin | March 6, 2020

Communications Service Providers (CSPs) are facing significant business model challenges. Referred to generally as edge computing, the possibilities introduced by the blending of 5G networks and distributed cloud computing technologies are…

Last week during its weekly meeting, the NCOIC Cloud Computing Working Group (CCWG) examined some of the legal aspects surrounding electronically stored information. With government use of cloud computing expected to grow, the group reach out to Mr. Jason R. Baron, Director of Litigation for the United States National Archives and Records Administration for some guidance. Mr. Baron is an internationally recognized speaker and author on the preservation of electronic records.  In 2009 he was named Co-Chair of The Sedona Conference® Working Group on Electronic Document Retention and Production, and has previously served as Editor-in-Chief of The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery (2007), and Co-Editor-in-Chief of The Sedona Conference Commentary on Achieving Quality in the E-Discovery Process (2009).

In case you didn’t know, the US Federal Records Act requires the taking of appropriate preservation measures for all electronically stored information that falls within the federal record definition outlined in 44 USC 3301. With this in mind, potential federal records “in the cloud” could include:

  • Google Docs
  • Gmail
  • Facebook, Twitter and YouTube postings
  • Email and structured databases of all kinds hosted on private servers; and
  • PDA text messages

Even the US Supreme Court has ruled on the matter, stating:

 “’Document retention policies,’ which are created in part to keep certain information from getting into the hands of others, including the Government, are common in business * * * It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances.” –Arthur Andersen LLP v. U.S., 125 S. Ct. 2129 (May 31, 2005)

In order to dramatize the scope of this issue, Mr Baron collaborated with Mr. Ralph Losey in producing the following informative video.

For more on e-discovery, please visit e-Discovery Team at https://e-discoveryteam.com/ .

The National Archives also has a “Frequently Asked Questions About Managing Federal Records In Cloud Computing Environments” available (https://www.archives.gov/records-mgmt/faqs/cloud.html).

Cloud Musings

( Thank you. If you enjoyed this article, get free updates by email or RSS – KLJ )

     

Follow me at https://Twitter.com/Kevin_Jackson

G C Network

1 Comment

  1. Jitesh on March 23, 2010 at 8:34 am

    well, that was a great blog on Cloud computing. I like to know more about the Cloud Computing technology. When I was new to the technology I have attended the Cloudslam 09 conference which is the world's largest 1st annual conference on Cloud Computing. There I got a good chance to meet and talk with the world's leading experts of Cloud Computing.