Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Category Archives: Cloud Computing

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Join us for an ABA Webinar on Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More

Posted in Cloud Computing, Health IT
Please join Crowell & Moring’s Jodi Daniel and Elliot Golding on January 31, 2017 for an ABA webinar called Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More This in-person panel discussion (with simultaneous webinar broadcast) will provide perspectives from the HHS Office for Civil Rights (OCR), the former director of the HHS Office of… Continue Reading

Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Ethics, Government Agencies, Information Management, Preservation, Privacy, Privilege/Rule 502, Public Sectors, Rules, Sanctions, Social Media, Spoliation
In conjunction with the 2015 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by digital privacy and e-discovery… Continue Reading

Federal judge lifts stay of warrant requiring Microsoft to turn over data stored on server located overseas

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy, Transnational Discovery
Last week, in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., a federal judge lifted the stay of execution of an order requiring Microsoft to turn over content stored on a Microsoft server located in Ireland.  While this development is largely procedural, we have previously discussed the potential… Continue Reading

Federal Judge Orders Microsoft to give US Prosecutors customer emails stored on an overseas server

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy, Transnational Discovery
A federal judge in the Southern District of New York upheld a magistrate judge’s decision that requires Microsoft to turn over to federal prosecutor customer email content stored in an overseas Microsoft data center. Ruling from the bench, Chief Judge Loretta Preska concluded that Microsoft must comply with a U.S. search warrant for customer emails,… Continue Reading

Brown v. Tellermate Holdings: Lessons in Preserving and Producing Cloud-Based Data and Effective Communication Between Counsel and Clients

Posted in Cloud Computing, Preservation, Rules, Sanctions, Spoliation
The recent decision in Brown v. Tellermate Holdings, out of the Southern District of Ohio, provides yet another valuable illustration of the critical need for litigation counsel to take reasonable steps to educate themselves about potentially relevant ESI in the possession, custody, or control of their clients and to take appropriate measures to preserve and… Continue Reading

Privacy Takes Center Stage for Private and Public Sectors Alike

Posted in Cloud Computing, Cybersecurity / Data Security, Data Breach, Privacy, Rules
Over the past year, privacy concerns have played an increasingly critical role in influencing how government and the private sector think about information collection, use, and disclosure. With the rapid pace of technological advancements – and the complex issues that accompany developments such as the Internet of Things, cloud technology, and “big data” analytics –… Continue Reading

Riley: A New Realm of Digital Privacy

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy
Recently, Louisa Marion and I analyzed the Supreme Court’s far-reaching decision in Riley v. California, 573 U.S. __ (2014), and its implications going forward. In Riley, Chief Justice Roberts concluded that today’s cell phones (which the Court called “minicomputers”) are fundamentally different than physical containers: their storage capacity is virtually unlimited; they contain a broad… Continue Reading

BYOD Devices Create Many Challenges for Companies

Posted in Accessibility, Cloud Computing, Cybersecurity / Data Security, Data Breach, Information Management, Preservation, Social Media, Spoliation
In just the last few years, most companies – big and small – have embraced the Bring Your Own Device (BYOD) movement at varying levels from allowing employees to access company email on their personal smartphones all the way to not issuing company-owned computers and instead having employees bring in their personal laptops to access… Continue Reading

Cyber Storms on Horizon: More Hackers, Regulators, and Litigation

Posted in Cloud Computing, Cybersecurity / Data Security, Data Breach, Government Agencies, Public Sectors, Rules
Cybersecurity’s escalating threats, intensifying oversight, and expanding publicity in recent years exploded in 2013. It was a year bookended by President Obama’s cybersecurity warnings in his State of the Union message and the mega-breaches at Target and Neiman-Marcus. And it gave us a cyber panorama – the Cybersecurity Executive Order; industry security reports of massive… Continue Reading

Groundbreaking Ruling By the Supreme Court Finds for Digital Privacy

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy
In an unexpectedly sweeping opinion, a nearly united Supreme Court today recognized the fourth amendment’s protection for digital privacy. Chief Justice Roberts’ opinion in Riley v. California is grounded on the Founders’ abhorrence of general warrants and unparticularized intrusions into our private lives. It highlights the pervasiveness of cell-phone (“minicomputer”) use, as well as the volume… Continue Reading

Fresh Look at E-Discovery in Government Investigations and Criminal Litigation

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Ethics, Government Agencies, Preservation, Privacy, Privilege/Rule 502, Public Sectors, Rules, Sanctions, Social Media, Spoliation
In conjunction with the 2014 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by e-discovery in this context, including the search… Continue Reading

Crowell & Moring Releases “Data Law Trends & Developments” and Announces Expanded “Data Law Insights” Blog

Posted in Accessibility, Admissibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Data Breach, Ethics, Government Agencies, Government Contracting, Government Regulations & FISMA, Information Management, Preservation, Privacy, Privilege/Rule 502, Proportionality, Public Sectors, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review, Transnational Discovery
We are pleased to announce the publication of a report titled “Data Law Trends & Developments: E-Discovery, Privacy, Cyber-Security & Information Governance.” The report explores recent trends and anticipated future developments on critical issues related to the intersection of technology and the law, which affect a wide range of companies and industries. In addition, the… Continue Reading

Court Holds That U.S. Government Can Seize Email Data Stored Overseas and Questions Applicability of Fourth Amendment to “Information Communicated Through the Internet”

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy, Transnational Discovery
In a remarkable decision addressing the reach of search warrants aimed at personal data stored by a third party in the cloud, a court ruled last week that an internet service provider (“ISP”) can be compelled to produce personal information located outside of the U.S. The decision by Magistrate Judge James Francis (S.D.N.Y.) denied Microsoft… Continue Reading

California State Bar Offers Guidance on Attorney’s Ethical Duties in Handling E-Discovery

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Ethics, Preservation, Privilege/Rule 502, Proportionality, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review
The State Bar of California may soon deem an otherwise highly skilled attorney to be “incompetent” in the practice of law if he or she does not know the basic steps to take with respect to electronic discovery and does nothing to fill that gap in knowledge. On February 28, 2014, California’s State Bar Standing… Continue Reading

Controlling Litigation Expense and Exposure Through Appropriate Self-Help

Posted in Cloud Computing, Cooperation/Meet & Confer, Information Management, Social Media, Technology Assisted Review
I recently published an article for InsideCounsel addressing ways companies can reduce risk and costs in litigation. I advocate appropriate self-help. Unfortunately, the courts, regulators, and legislators have not fully kept up with the extraordinary pace of technological developments, the proliferation of ESI, and the growing use of social media, cloud computing, and other ESI-related… Continue Reading

ABA Cyber on the Hill with Congressional Staff (Nov. 7)

Posted in Cloud Computing, Cybersecurity / Data Security, Government Agencies, Information Management, Privacy
As the cyber threats continue to escalate sharply, Congress confronts a host of daunting tasks for bolstering cybersecurity, such as: balancing security while maintaining privacy; enhancing public-private partnerships while keeping information safe; and assuring accountability while maintaining flexible and agile security standards. At noon on November 7, Staff members from four Senate and House committees… Continue Reading

Cybersecurity and Data Privacy in 2013: Contracting in a Time of Increased Scrutiny

Posted in Cloud Computing, Cybersecurity / Data Security, Government Regulations & FISMA, Privacy, Public Sectors
2013 has been a historic year for cybersecurity, privacy and data breach issues. From the President’s Executive Order, to the revised NIST security & privacy controls, and to the groundbreaking Mandiant report on cyber espionage, the pressure is on for companies to secure their handling of sensitive data. In order to mitigate the risk of… Continue Reading

Free BNA Webinar on ESI in Federal and State Criminal Actions

Posted in Admissibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Ethics, Government Agencies, Preservation, Privacy, Rules, Sanctions, Social Media, Spoliation
On Wednesday August 14, 2013, I will be participating in a free BNA webinar exploring the constitutional and practical dimensions of ESI in federal and state criminal actions. I will be speaking with an experienced group of panelists, including Hon. Craig B. Shaffer, United States Magistrate Judge, District of Colorado; Roy Altman, Assistant United States… Continue Reading

Borderline Privacy: Electronic Border Searches after Cotterman

Posted in Cloud Computing, Criminal Law, Cybersecurity / Data Security, Government Agencies, Privacy
In the Summer issue of the American Bar Association’s Criminal Justice Magazine, I write about the Ninth Circuit’s watershed en banc ruling in United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013), that border agents must have “reasonable suspicion” before conducting forensic searches of laptops at the US border. The decision will likely present… Continue Reading

Reflection on Personal Jurisdiction in E-Communications

Posted in Cloud Computing, Information Management, Rules, Social Media
Earlier this month, I was a panelist on a webinar on Personal Jurisdiction From E-Communications: Social Media, Email, IM and Cloud Computing along with Mark McGrath of Sheppard Mullin. Our panel focused on the evolving landscape of personal jurisdiction in the online world starting with the advent of the internet to leading up to the… Continue Reading

Bring Your Own Device (BYOD) Policies Also Bring Risk And Cost

Posted in Accessibility, Admissibility, Cloud Computing, Cybersecurity / Data Security, Information Management, Preservation, Privacy, Sanctions, Social Media, Spoliation
On June 20, 2013, I participated in a one-hour webinar regarding “Bring Your Own Device” (or BYOD) policies. I addressed certain e-discovery issues involving BYOD policies. An audio recording and instructional slides are available here for those who missed it. The webinar was part of a monthly series entitled Third Thursday – Crowell & Moring’s… Continue Reading

New Look at E-Discovery in Government Investigations and Criminal Proceedings

Posted in Admissibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Government Agencies, Preservation, Privacy, Rules, Sanctions, Social Media, Spoliation
In conjunction with the 2013 American Bar Association annual State of Criminal Justice, I have published a new article on “E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by e-discovery in this context, including the search and seizure of ESI,… Continue Reading

Music Lyrics Posted to Facebook Results in Criminal Charge: A Trend in the Legal Issues Surrounding Social Media Use

Posted in Admissibility, Cloud Computing, Criminal Law, Government Agencies, Privacy, Social Media
We commonly see news stories about law enforcement using social media to investigate, arrest or prosecute criminal defendants. Some of these cases are starting to raise interesting constitutional issues. One such case relates to Cameron D’Ambrosio, a high school senior who was arrested last month for “communicating terrorist threats” through music lyrics that were posted… Continue Reading

Search Warrants and the ECPA – Why the Government May Be Reading Your E-Mails Without Your Knowledge

Posted in Cloud Computing, Criminal Law, Government Agencies, Privacy
When journalist James Rosen became a suspect in a federal investigation into the leak of classified information, his personal emails were searched and seized by the government. He had no knowledge of this, however, because the warrant applications were filed under seal and the court permitted the government to delay providing notice to him. Although… Continue Reading