NCOIC Discusses e-Discovery and Cloud Computing

NCOIC Discusses e-Discovery and Cloud Computing

By G C Network | March 22, 2010

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…

Take the survey, get a book!

By G C Network | March 20, 2010

“Cloud Musings”, in cooperation with Aditya Yadav & Associates, is conducting a new cloud computing survey. This short, eight (8) question poll, is designed to gauge general corporate plans around…

Army Knowledge Leaders Study Cloud Computing

By G C Network | March 12, 2010

This week it was my pleasure to explore cloud computing with Army Knowledge Leaders (AKL) ! AKL is an intensive 2 year experience of training and work rotations designed to develop leadership,…

Northrop Grumman & Lockheed Martin Selected for CANES

By G C Network | March 9, 2010

   Last week the US Navy awarded initial CANES contracts to Northrop Grumman and Lockheed Martin. Navy officials place the contract values at $775M for Northrop and $937M for Lockheed.…

NCOIC Analyses Cloud Computing With SCOPE

By G C Network | February 24, 2010

Last week, the Network Centric Operations Consortium (NCOIC) Cloud Computing Working Group (CCWG) started it’s work on cloud interoperability in earnest. The first step in their process is the completion…

TASER Awarded: The NGA ASP/ISP Transition Contract

By G C Network | February 17, 2010

The National Geospatial-Intelligence Agency (NGA) has awarded the Total Application Services for Enterprise Requirements (TASER) contract to: Accenture National Security Services, LLC BAE Systems Information Technology, Inc. The Boeing Company-Autometric,…

EuroCloud Expands Quickly

By G C Network | February 16, 2010

Last October I introduced EuroCloud as a pan-European business network with the goal of promoting European use of cloud computing.  In the intervening three months, the organization has grown to…

Joining NJVC: A Professional Plateau

By G C Network | February 8, 2010

This week I begin a new and exciting phase of my professional career by joining the NJVC Enterprise Management Team! For those unfamiliar, NJVC is one of the largest information…

DoD Deputy CIO on Secure Information Sharing

By G C Network | February 3, 2010

Today on Federal Executive Forum, Dave Wennergren, Deputy CIO, Office of the Secretary of Defense, shared his views on secure information sharing. Mr. David M. Wennergren serves as the Deputy…

Training Conference: Cloud Computing for DoD & Government

By G C Network | February 1, 2010

Please join me at the Cloud Computing for DoD & Government training conference, February 22-24, 2010 at the Hilton Old Town in Alexandria, VA. This unique conference agenda blends interactive…

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

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G C Network

1 Comments

  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.