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From Cyber Security to eDiscovery, the Cloud Can Complicate Matters
Date:7/20/2014

nts a lot easier than in the cloud, like the physical location of the data, the jurisdiction and regulatory concerns which have to be dealt with and the control the organization typically has over it all. In the cloud, it’s just not that straight forward. You may not only have multiple sets of vendor policies and agreements to contend with, but the data may reside or travel through completely different countries, introducing some sometimes very thorny jurisdiction issues which can not only make it problematic to work within restrictive court imposed deadlines concerning eDiscovery and the potential to prosecute or defend, but sometimes even makes it impossible to gain access to the logs and other information vital to a case. The same goes for the cyber security aspect, because when data is out of your hands, it’s also out of your control, which is the first tenet of effective cyber security. Another big problem can also be the proximity and comingling of information with other cloud subscribers, which can make the identification, acquisition and production of digital evidence feel more like an art form than a science in a great many cases.”

A fish out of water shouldn’t be driving

“If there is one thing the NIST report makes abundantly clear, it’s that when dealing with a cloud environment, there is no perfect roadmap to deal with cyber security and eDiscovery issues. With all the variables involved, nine times out of ten it takes the ability to adjust effectively on-the-fly. Otherwise, it’s like thinking you can just get up and scale Everest one morning because you read an article on how it’s done. But in truth, it will take a whole lot of experience in dealing with environments like that, knowing everything about your equipment inside and out and how to adjust if anything goes wrong with any of it, and following the guidance and instructions of the sherpas who’ve made the ascent many times before. Think of us like the sherpas, our team of speci
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