North American Team: Project 10 Contract Terms for Cloud- Based Services. Corinne Rogers First InternaBonal Symposium Stockholm, Sweden May 14, 2014

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1 North American Team: Project 10 Contract Terms for Cloud- Based Services Corinne Rogers First InternaBonal Symposium Stockholm, Sweden May 14, 2014

2 Project Team NA 10 was led by YveMe HackeM, Visual Media Archival Consultant (OMawa, Ont.) Robert McLelland, Grant Hurley, Daniel Collins GRAs Courtney Mumma, Artefactual Systems, review and consultabon October, 2013 May, 2014 DraY final report presented at the InternaBonal Plenary in Vancouver, Canada February 2014

3 Background RiC survey Web- based survey of cloud users conducted by the Records in the Cloud Project ran from April 11, 2013 for one month Sampling through professional listservs and social media, seeking respondents from the records professions, IT, execubve management

4 RiC survey findings 57% of respondents are currently using cloud services 38% of those not currently using cloud services are considering moving to the cloud Approximately 1/3 of all users have experienced problems, related to a range of issues Only 1/3 of users negobated SLAs, and responses clearly link this fact with problems experienced

5 NA 10 - IntroducBon Infrastructure Domain Need to understand the role of contracts between service providers and clients with respect to records and informabon management (RIM) in cloud environments Degree of considerabon of recordkeeping issues Risks Degree of trust

6 Goals Categorize: Terms relabng to RIM in standard SLAs Services Cloud infrastructures from a recordkeeping perspecbve Determine whose primary interest is protected by service contracts IdenBfy gaps in exisbng service contracts with respect to RIM

7 Methodology Literature review: Focus on IT and recordkeeping issues How cloud services were organized and offered Review legal issues Review contracts typical of public bodies Review and textual analysis of standard contracts of major service providers TheoreBcal perspecbve of archival science and records management theory

8 The Cloud Deployment models: Public, Private, Hybrid, Community Service models: IaaS, SaaS, PaaS, DaaS EssenBal characterisbcs: On- demand service, broad network access, resource pooling, rapid elasbcity (mulb- tenancy), measured service

9 What does contract mean? Terms and CondiBons Terms of Service General clauses re terminabon, legal protecbon for the provider, copyright terms ProtecBon for the service provider Service Level Agreement More specific terms and guarantees to the client Tiered model Lack of uniformity, lack of transparency hinders meaningful comparison & analysis

10 Literature review IT and RIM literature shared concerns: Storage specificabons (hardware) Infrastructure security (physical & technical) Access authority Data segregabon (physical) Accessibility of material

11 Proposed categories DestrucBon Availability Reliability Control

12 Legal issues Privacy Third party issues: not what you might think! Custody & control Copyright JurisdicBon

13 Public Sector Shared Services Canada: tender process for storage & Private cloud, outsourced to 3 rd party MulBple, layered sets of security, including PKI support Data sovereignty/territory of storage Security clearance process for all 3 rd parbes Interface support for integrabon with an Electronic Document and Records Management Systems (EDRMS) solubon

14 Public Sector FedRAMP: cerbficabon process for 3 rd party cloud service providers IT security assessment against NIST baseline requirements (NIST 8053) InformaBon security documentabon and plans 3rd party assessment of provider s security readiness TesBng & final approval Restricted to IT security measures

15 Public sector Cdn UniversiBes Exploring cloud solubons for hosbng, data centres for storage, server space Restricted by legislabon such as FOI, territory of storage University of BriBsh Columbia EduCloud University of Alberta & Google - Nova ScoBa, Ontario ConsorBa storage & access

16 Cloud Service Providers Destruc(on General Guarantee Specific Method Contract Termina(on Reliability General Security Provisions Physical Security Specs Technological Security Specs Tiered Security Provisions Availability Service Con(nuity Outages Disaster Recovery Plan Control Territory of Storage Copyright/Ownership General Privacy Privacy Policy Privacy LegislaBon

17

18 What s next? This report is a starbng point It will form the groundwork for NA 14 requirements and guidelines for negobabng service contracts Technology is not standing sbll new issues include ownership, availability, interoperability of metadata; increasing variety of services; brokering of services and cloud exchange

19 Thank you! YveMe HackeM, Robert McLelland, Grant Hurley (2014) Contract Terms for Cloud Based Services, Final Report (DraY 1), InterPARES Trust, North American Team Project 10

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