Conference: Risks, Governance, Compliance, and Mitigation Track

Track Chair:
Nolan Goldberg
Senior Counsel, IP & Technology,
Proskauer

It is often said that the foundation for the cloud computing model is trust between consumers and providers. If that is true, then compliance and governance is the foundation for that trust. Simply put, no one wants the move to the cloud to merely shift costs from IT to Legal. The compliance and governance track will focus on the wide-ranging legal issues that need to be identified and managed during either a consumer's move to the cloud or a provider's design of a service offering. The focus will be real practical solutions, including:

Conducting a proper due diligence investigation;
Proper contracting;
Clouds optimized for compliance, such as community clouds and standards-compliant public clouds;
Third party ratings and insurance;
The future development of the law

Tuesday

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Tuesday, February 14
11:15 AM–12:15 PM	Clouds Designed for Compliance (Location: Grand Ballroom C) With the increasing adoption of cloud computing, infrastructure, applications, and storage can be physically located anywhere in the world. But, the inherent or perceived risks and regulatory pitfalls, and the costs associated to addressing them can be too great for an individual organization to accept. Alternatively, partnering with other organizations that are subject to the same constraints as your organization is an acceptable strategy to mitigate risks, reduce overall cost to the organization, and help facilitate innovation. Concern over regulatory requirements has caused some organizations to look inward for cloud computing services. Though private clouds can address the risks and regulatory requirements of an organization, the costs can be high leaving the organization with a major financial decision which may result in the status quo. Our approach will discuss the benefits of designing cloud computing environments to serve regulated sectors versus the concept of deploying applications certified for regulatory environments within cloud computing environments that are not certified as such, as well as the relative merits of each. Speaker - Pano Xinos, Director, Cloud Security Alliance and Associate Director, Private Cloud Solutions, Bell Canada Pano is involved in a variety of cloud related organizations. He is currently on the Board of directors for the Canadian Chapter of the Cloud Security Alliance and is Associate Director, Private Cloud Solutions at Bell Canada. He has held a variety of positions with carriers and technology providers including CA Technologies, Bell Canada, Merck, and UUNET/Worldcom/MCI. Pano teaches Managing e-Commerce at McGill University's Desautels faculty of Management and writes about cloud adoption, business, governance, and economics at http://thecaseforcloud.blogspot.com/. You can find him on LinkedIn (http://ca.linkedin.com/in/panoxinos) and on Twitter (@pmxinos) Speaker - Nolan Goldberg, Senior Counsel, Proskauer LLP Nolan M. Goldberg is an IP & Technology Counsel in Proskauer's Litigation & Dispute Resolution Department and a member of the Patent Law Group, resident in the New York office. As an intellectual property litigator, his practice focuses on patent and trade secret litigation and counseling. As a founding member of the Litigation Department's Electronic Discovery Task Force, Mr. Goldberg is often called upon to develop e-discovery strategies to be used in all types of litigations, with a particular focus on managing the overall burden and cost of the electronic discovery process and obtaining often overlooked electronic evidence, including computer forensics. Mr. Goldberg's complete professional bio can be found at http://www.proskauer.com/professionals/nolan-goldberg/ Speaker - Cheree McAlpine, The General Counsel, Wyse Technology Ms. Cheree McAlpine is the General Counsel at Wyse Technology and a 17-year veteran of the Silicon Valley legal community. As General Counsel, Cheree McAlpine is responsible for the worldwide legal affairs of Wyse, as well as advising the company's executive management on strategic and corporate governance matters. As Wyse continues to pioneer new cloud computing solutions, Ms. McAlpine is often charting new legal ground in this emerging field. Ms. McAlpine also brings significant experience to Wyse. Prior to joining Wyse in 2005, Cheree was with Sun Microsystems. Earlier in her career, Cheree was an associate with Graham and James, LLP and McCutchen Doyle Brown and Enernsen, LLP., concentrating on Intellectual Property Transactions and Corporate Law. Ms. McAlpine holds her J.D. from Suffolk University Law School and is a member of the American Corporate Counsel Association, American Bar Association, National Bar Association, California Bar, American Intellectual Property Law Association, Minority Corporate Counsel Association and the California Minority Counsel Association. Ms. McAlpine is the recipient of the Silicon Valley Women of Influence award and the YWCA Twin Award recipient.
1:15 PM–2:15 PM	Cloud Computing Contracts (Location: Grand Ballroom C) Cloud computing is revolutionizing the way companies meet IT and business needs. Some of the potential benefits include rapid deployment, flexible scalability, and decreased hardware, software and personnel costs. However, cloud computing presents risks as well, including those related to the privacy of information, data location, level of service, and security infrastructure. This session will address some of the issues any company considering cloud computing should keep in mind, including (a) preparing for the cloud by using project assessments and risk analyses, developing information security and vendor management programs, and implementing oversight mechanisms; (b) conducting thorough cloud vendor due diligence; and (c) contracting for cloud services to mitigate risks and liabilities regarding, among other things, data location, security, and subcontractor transparency; subcontractor due diligence and contractual obligations; data ownership and use limitations; response to legal process; data retention and access; incident response; and indemnification, limits of liability, and enforcement. Speaker - Tanya Forsheit, Founding Partner, InfoLawGroup LLP Tanya L. Forsheit is a Founding Partner of InfoLawGroup LLP. She is the President of the Women Lawyers Association of Los Angeles. In 2009, Ms. Forsheit was named one of the Los Angeles Daily Journal’s Top 100 women litigators in California. Certified as an information privacy professional by the International Association of Privacy Professionals (“IAPP”), she works with clients to address legal requirements and best practices for protection of customer and employee information. Ms. Forsheit advises companies, from multinationals to startups, on all aspects of privacy and data security compliance, contracts, policies and procedures (including complex regulatory schemes such as HIPAA and Gramm-Leach-Bliley). She negotiates cloud computing arrangements on behalf of enterprise customers, has advised on dozens of data security breaches, and represents organizations in FTC investigations involving privacy and data security. Ms. Forsheit brings her litigation experience and cloud computing and social media knowledge to bear in counseling clients on thorny issues in data management, information protection, and e-discovery.
2:30 PM–3:30 PM	Secure Government Clouds: Certifying a Seamless Transition (Location: Grand Ballroom C) Cloud environments are widely adopted by the private sector for data availability and cost savings. However, cloud technologies are associated with security concerns – particularly for the government sector. The Open Government mandate wants to build a future for cyberspace that’s interoperable, secure and reliable – a difficult task considering the extreme security policies in place. To deliver this promise of open government, agencies must identify services to transfer to the cloud. This session will discuss the process and certifications vendors must complete to implement secure cloud solutions for government and DoD agencies including details on a cloud environment completely dedicated to the DoD. Takeaways include: Best practices for government agencies around cloud requirements and implementation of services through the cloud and multiple real-life case studies including the Air Force and the Social Security Administration on how they are utilizing the benefits of the cloud Speaker - Patrick Foxhoven, VP of Cloud Operations, Zscaler
3:45 PM–4:30 PM	Breaking Down Barriers: Creating a Global Policy Environment to Promote Cloud Adoption (Location: Grand Ballroom C) Technology always moves faster than the law, and so it is with the cloud. The new architecture for computing allows companies’ headquarters to be located in one country while their “back office” systems are served up from another and their customers are spread all over the world. Efficient allocation of resources is the name of the game. But which country’s privacy and security policies apply to which data in which circumstances? And what happens when countries start erecting legal barriers to prevent cross-border data flows, or when they start tilting the playing field in other ways to favor domestic cloud providers? The Business Software Alliance has analyzed the legal and regulatory framework for cloud computing in 24 countries around the world. The result of that analysis – the BSA Global Cloud Scorecard – identifies potential roadblocks to cloud businesses and it provides a platform for discussion between technologists and policy makers. This session will open with a 10 to 15 minute presentation on key aspects of the current international policy terrain that pose challenges for cloud adoption. It will include details gleaned from recent meetings with policymakers in the United States, Europe, and Asia. The discussion will then turn to the road ahead – examining what legal changes are needed to maximize the expansion of the cloud. Speaker - Chris Hopfensperger, Technology Policy Counsel, Business Software Alliance As Technology Policy Counsel, Chris Hopfensperger works with the Business Software Alliance’s members to develop the BSA’s technology policy positions and articulate these positions to US and international policy makers. He advises members in such critical areas such as innovation, copyright protection, privacy, e-commerce, and cloud computing. Prior to joining BSA, Hopfensperger served as a technology and trade policy associate with K&L Gates, where he advised companies and industry associations on pursuing legislation and representing their issues before Congress and the federal agencies and in the courts. Previously, Hopfensperger worked as a newspaper journalist. He edited and wrote for several metropolitan dailies, including The Washington Post, The Sacramento Bee, and the St. Petersburg Times. Hopfensperger holds a law degree from the University of Michigan and a bachelor’s degree in journalism from the University of Nebraska. He is based in BSA’s Washington, DC, office. Speaker - Chris Connolly, Director, Galexia Chris provides specialist consulting services for Internet law, privacy and electronic commerce projects. He is also a lawyer and researcher, and is a Visiting Fellow at the University of New South Wales where he lectures in several Masters of Law courses, including Data Surveillance and Information Privacy Law, Cyberspace Law and Electronic Commerce Law. Speaker - Peter van Dijk, Managing Director, Galexia Peter is a founding director of Galexia and engagement director for large projects.. Peter has a background in law plus software and web development projects, with a focus on enterprise software development, digital certificates and identity management. He has lectured at undergraduate and postgraduate level on electronic legal research, electronic legal applications, digital certificates and Internet law. Peter provides technical input to Galexia projects on smart cards, digital certificates, biometrics and electronic authentication.
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