Cloud Computing

The Ethics and Security of
Cloud Computing

T

he shift from desktop- and server-based

to traditional, on-premises solutions. In a law firm

software to software as a service (SaaS)

context, the use of cloud computing raises ethics

or “cloud computing” is one of the most

issues around storing confidential client data on a

significant transitions in computing to

system the attorney may not own or otherwise control.

occur in the last 20 years. While the

The discourse on the ethics of cloud computing

benefits offered by cloud computing are numerous,

took a significant step forward in March 2010 with the

several outstanding questions remain regarding the

issuance of a proposed Formal Ethics Opinion (FEO)

relative security of cloud-based systems as compared

on cloud computing by the North Carolina State Bar.

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Infrastructure Technologies

ILTA White Paper

This was the first FEO in North America to explicitly

for firms of all sizes. Cloud-based services

deal with the use of SaaS/cloud computing in a law

typically eliminate large up-front licensing

firm. While the proposed FEO ultimately endorses

and server costs, offer drastically reduced

the use of cloud computing technology in a law firm

consulting and installation fees, and do away

provided that “reasonable care is taken effectively to

with the “upgrade treadmill ” usually associated

minimize the risks to the confidentiality and to the

with traditional desktop- and server-based

security of client information and client files,” the onus

software. Cloud-based services also offer

of evaluating a cloud provider’s security infrastructure

“anywhere accessibility,” a h igh level of ease-

is placed on the law firm.

of-use, and compatibility with both Windows and Mac OS X.

Cloud CompuTIng
Cloud computing is computing delivered as a service

EThICS of Cloud CompuTIng

over the Internet, with less need for