Law Libraries in the Cloud **

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1 LAW LIBRARY JOURNAL Vo. 101:2 [ ] Technoogy for Everyone... * Law Libraries in the Coud ** Diane Murey *** Ms. Murey provides an overview of the meanings of coud computing and software as a service, discusses benefits and concerns, and ists some of the ways that aw ibraries provide resources and services using these toos. She suggests that coud computing is nothing new for aw ibrarians, because aw ibraries have been using such toos for many years. 1 I noticed recenty that coud computing was being mentioned with increasing frequency in the news, so I decided to investigate just what coud computing was a about and how it might be used in aw ibraries. I discovered that, as with many tech buzzwords, the definition of coud computing varies depending upon who you ask. What Is Coud Computing? 2 First, what is the coud to which the term coud computing refers? According to PC Magazine s Tech Encycopedia, Couds generay refer to wide area networks (WANs) such as the Internet, but can aso be used to depict oca networks (LANs). 1 The coud in a network diagram represents the shared part of the network where data may foow any one of many paths in the transmission from one end point to another. The coud symbo indicates that this uncertainty about the path traveed does not affect our understanding of the process. 2 3 So coud computing invoves networks, but how does it differ from ordinary computing on networked computers? On this point, there are a variety of opinions. A recent Pew Internet survey defined coud computing as an emerging architecture by which data and appications reside in cyberspace, aowing users to access * Editor s Note: Technoogy for Everyone is a reguar feature of Law Library Journa. In each artice, author Diane Murey reviews a too that can hep aw ibrarians do their jobs even better. ** Diane Murey, *** Web Services Coordinator and Reference Librarian, RossBakey Law Library, Sandra Day O Connor Coege of Law, Arizona State University, Tempe, Arizona. 1. PCMag.com, Coud Definition, =coud&i=39847,00.asp (ast visited Jan. 13, 2009). 2. Id.; Webopedia, What is Coud?, (ast visited Jan. 13, 2009). 249

2 250 Law Library Journa Vo. 101:2 [ ] them through any web-connected device. 3 The Pew report expained that because these resources do not exist on the user s persona computer, but at an i-defined esewhere, they appear to come from a coud. 4 4 There are other definitions of coud computing as we. Researchers in dataintensive discipines use the term to refer to networks of thousands of ordinary computers that together function as supercomputers. 5 The term has aso been used to describe web-based operating systems, 6 IT infrastructure as a service, 7 and the sharing of data via the web. 8 For purposes of this coumn, I wi focus on the Pew survey s definition of coud computing as onine appications and data storage. This definition of coud computing is aso known as software as a service or SaaS. 9 Benefits of Coud Computing 5 The Pew survey mentioned above asked Internet users about six common onine activities: storing persona photos onine, storing persona videos onine, using onine appications, using webmai services, paying to store computer fies onine, and backing up hard drives to an onine site. 10 The ist is not incusive of a coud-computing activities, but the survey was ony intended to provide an overview of how many Internet users perform seected onine activities. 11 In addition to the activities covered in the Pew survey, there are many hepfu coaborative toos in the coud, incuding toos for sharing arge fies, mind-mapping, scheduing meetings, and sharing computer screens Memorandum from John B. Horrigan, Associate Director, Pew Internet & American Life Project, Use of Coud Computing Appications and Services 1 (Sept. 2008), avaiabe at [hereinafter Horrigan Memo] 4. Id. at See Stephen Baker, Googe and the Wisdom of the Couds, Bu s. Wk., Dec. 24, 2007, at 48, 50; Jeffrey R. Young, 3 Ways Web-Based Computing Wi Change Coeges, Ch ro n i c e. c o m, Oct. 24, 2008, 6. See Steven Levy, Inside Chrome: The Secret Project to Crush IE and Remake the Web, Wired, Oct. 2008, at 144, 148; Erica Naone, Computer in the Coud, Tech. Rev., Sept. 18, 2007, 7. See Robyn Peterson, What You Need to Know About Coud Computing, PCMAG.c o m, Sept. 11, 2008, 8. See Coud Computing Is More Than a Computer in the Coud, Posting of Pau Mier to ReadWriteWeb, _computer_in_the_coud.php (Dec. 14, 2008, 10:45 A.M.). 9. See The New Stack: SaaS, Coud Computing, Core Technoogy, Posting of Bernard Nunn to ReadWriteWeb, (Oct. 29, 2008, 9:15 P.M.). 10. Horrigan Memo, supra note 3 at Id. at Tom Mighe, Coaboration in the Coud, Lega Tech., June 26, 2008, jsp/egatechnoogy/pubarticelt.jsp?id= See aso Lucie Oejnikova & Jessica de Perio Wittman, The Case for Coaborative Toos: Long-Distance Teamwork on a Shoestring Budget, AALL Sp e c t ru m, Dec. 2008, at 8, 9.

3 Vo. 101:2 [ ] aw ibraries in the coud The survey found that 69% of onine users had performed at east one of the isted activities, and 40% had performed two or more. 13 Respondents to the Pew survey said that ease, convenience, and fexibiity were major reasons for their use of coud computing. In particuar, they iked being abe to access their information from any computer and to share information easiy with others. 14 Individua subscriptions to many of these onine appications are free, 15 another advantage over software instaed on a persona computer. 7 Web-based software sod to aw firms and other enterprises is more ikey to be caed software as a service (SaaS) rather than coud computing. According to Webopedia, SaaS is a software deivery method that provides access to software and its functions remotey as a Web-based service. 16 SaaS appications used by aw firms incude practice management, document management, payro, human resources, tax systems, accounting, timekeeping, e-mai spam fitering, itigation support, data hosting, and office productivity Law firms and other businesses use SaaS for many of the same reasons that individuas use coud computing. Firms save money because SaaS appications are hosted on the provider s servers and accessed using a web browser, so the firm does not have to purchase and maintain its own servers or icense and insta software on each work station. 18 And since SaaS is typicay based on a monthy fee, the firm avoids arge up-front costs of new hardware and software. 19 Firms save time because the SaaS provider maintains and upgrades the equipment and software and provides technica support, usuay 24/7/ The SaaS provider may aso be in a better position to ensure continuity than an individua business if the provider backs up data in mutipe ocations and can shift to another part of its system when the equipment at one ocation goes down Software as a service can aso give firms more fexibiity. With SaaS, awyers can access their data and appications from any web-connected computer, 22 and they can coaborate with coeagues regardess of their ocations. 23 Because SaaS appications are usuay operating-system neutra, it is possibe for individuas with Windows, Mac, and Linux operating systems to use the same appications Horrigan Memo, supra note 3, at Id. at 2, See Nerino Petro Jr., Software as a Service, GP So o, June 2007, at 29, Webopedia, What Is SaaS?, (ast visited Jan. 22, 2009). 17. See Brett Burney, Can Software Be a Service?, LJN s Le g a Tech Ne w s., Juy 2008, at 1, 2; Petro, supra note 15, at Burney, supra note 17, at Webopedia, SaaS, (ast visited Jan. 19, 2009). 20. Burney, supra note 17, at See Am. Bar Ass n Lega Technoogy Resource Center, FYI: Software as a Service (SaaS) for Lawyers, (ast visited Jan. 22, 2009); Aan Cohen, Coud Computing: Is It Safe?, Le g a Tech., Oct. 31, 2008, pubarticelt.jsp?id= See Burney, supra note 17, at See Mighe, supra note See Aaron J. Rittmaster, Mediating a Hoy War: Windows vs. Mac vs. Linux, GP So o, June 2008, at 26, 27, 28.

4 252 Law Library Journa Vo. 101:2 [ ] Concerns and Cautions 10 Which onine toos ibrarians can use at work depends on decisions of the arger organization of which the ibrary is a part. Any organization that is contempating a move to coud computing needs to consider usabiity, reiabiity, security, and cost; but awyers and aw firms have specia concerns because of their ethica duties to their cients. Fortunatey, guides are avaiabe onine to hep awyers ask the right questions of SaaS vendors and incude the necessary provisions in any service agreements If you are in a position to recommend SaaS appications for your organization, here are some questions to consider: Wi the appication do everything you want it to do? Wi it be easy for a users to earn? Wi it work with other appications you are using, incuding your web browser? (If the appication ony works in Internet Exporer and your firm uses Firefox, you wi have probems. 26 ) What guarantees does the provider give for accessibiity and customer service, and does it offer a Service Leve Agreement (SLA) to back up its promises? What procedures does the provider foow to protect your data from unauthorized access, both digitay and physicay? How is your data backed up, and what provisions does the provider make for business continuity in case of disaster? Who owns the data you store on the SaaS provider s servers, and how easy wi it be to move to another system? What wi happen to your data on the provider s servers if you cance your subscription? What is the provider s experience in working with awyers? What wi it cost, incuding monthy fees, incidenta costs, and price increases, and for what period must you contract? Cient Confidentiaity 12 In addition to the business concerns that must be taken into account before choosing any SaaS appication, the ethica duty to protect cient confidentiaity must be considered if cient information wi be stored remotey. Rue 1.6(a) of the Mode Rues of Professiona Conduct states: A awyer sha not revea information reating to the representation of a cient uness the cient gives informed consent, the discosure is impiedy authorized in order to carry out the representation or the discosure is permitted by paragraph (b). 27 None of the exceptions incuded in (b) are reevant to storing cient information on a third-party server. 13 The American Bar Association has not yet issued any ethics opinions on the permissibiity of storing cient fies on servers controed by a third party. 28 The 25. See, e.g., Am. Bar Ass n Lega Technoogy Resource Center, supra note 21; Cohen, supra note See Petro, supra note 15, at Mode Rues of Prof Conduct R. 1.6(a) (2008). 28. See Nerino J. Petro, Jr., The Ethica Impications of Onine Software, GP So o, June 2008, at 30, 32 (citing Timothy J. Pierce, Maintaining Eectronic Cient Fies, Wis. Law y e r, Sept. 2006, at 24).

5 Vo. 101:2 [ ] aw ibraries in the coud 253 cosest ABA opinion seems to be A.B.A. Forma Opinion , which says that the transmission of cient information via unencrypted e-mai does not vioate the Mode Rues of Professiona Conduct because there is a reasonabe expectation of privacy from a technoogica and ega standpoint At east two state bars, Nevada and New Jersey, have issued ethics opinions permitting the use of an outside service provider to store cient fies in digita format, provided the attorney exercises reasonabe care. 30 The New Jersey opinion states that the standard is met if (1) the awyer has entrusted such documents to an outside provider under circumstances in which there is an enforceabe obigation to preserve confidentiaity and security, and (2) use is made of avaiabe technoogy to guard against reasonaby foreseeabe attempts to infitrate the data The Nevada opinion states: [A]n attorney [is not] responsibe for a breach of cient confidentiaity... so ong as the attorney: 1. Exercises reasonabe care in the seection of the third party contractor, such that the contractor can be reasonaby reied upon to keep the information confidentia; and 2. Has a reasonabe expectation that the information wi be kept confidentia; and 3. Instructs and requires the third party contractor to keep the information confidentia and inaccessibe These ethics opinions suggest that to meet the standard of reasonabe care attorneys must be knowedgeabe about how the SaaS provider wi hande data entrusted to it, and they must incude terms in any agreement with the provider requiring the provider to preserve the confidentiaity and security of the data. 33 How Law Librarians Use Coud Computing 17 When I started researching this topic, I wondered if coud computing was a too that aw ibraries coud use to deiver ibrary services. Once I understood what it was, I knew that aw ibrarians are aready taking advantage of coud computing. Law ibrarians use onine appications and data storage to coaborate with coeagues and to provide ibrary services. 34 Many of these toos aso fa within the definition of Web 2.0, socia software, and probaby other terms. But whatever the name, if a too can be used to hep ega researchers access information, aw ibrarians wi hep them use it In addition to a the new onine appications, aw ibraries have been using the coud to provide access to information for more than a decade, 36 even though 29. See id. at (quoting ABA Forma Opinion ). 30. See id. at N.J. Supreme Court Advisory Comm. on Prof Ethics, Op. 701 (2006). 32. Nev. State Bar Standing Comm. on Ethics & Prof Responsibiity, Forma Op. 33 (2006). 33. See Petro, supra note 28, at See generay, e.g., Diane Murey, What Is A the Fuss about Library 2.0?, 100 Law Libr. J. 197, 2008 Law Libr. J. 10; Oejnikova & Wittman, supra note See Robert C. Berring, Deconstructing the Law Library: The Wisdom of Meredith Wison, 89 Mi n n. L. Rev. 1381, (2005). 36. See Robert Berring, Chaos, Cyberspace and Tradition: Lega Information Transmogrified, 12

6 254 Law Library Journa Vo. 101:2 [ ] we haven t caed it coud computing. By the mid-1990s, ibraries were cutting back on subscriptions to print sets; 37 Dedicated Westaw and LexisNexis terminas in aw ibraries had given way to free software for home computers; 38 and the ega researcher coud gain access to the databases over any modem Athough the technoogy was sighty different modem instead of Internet connection this sounds very much ike coud computing. Researchers coud access ega information sources that resided on distant computers from any computer with a modem and the free software. When Westaw and Lexis switched to a web-based interface a few years ater, they moved the search appication to their servers and eiminated the need for software to be instaed and updated on every computer used for research. 20 These days aw ibraries provide access to many onine resources, and most of those resources are accessed via web browser rather than software oaded on the oca computer. As a resut aw ibrarians have been abe to provide users with access to much more information than woud have been possibe in a physica ibrary. Law ibrarians aso use onine appications to deiver ibrary services. The aw ibrary is no onger just a physica pace or a physica coection; 40 it is aso in the couds. More Resources on Coud Computing 21 The foowing books provide more in-depth discussions of coud computing than I coud manage here: Coud Computing: Web-Based Appications That Change the Way You Work and Coaborate Onine 41 expains coud computing and its potentia benefits, and reviews a wide variety of coud-computing and other web-based coaboration toos. The Big Switch: Rewiring the Word, from Edison to Googe 42 compares the deveopment of coud computing to the shift a century ago from ocay generated eectrica power to eectric utiities. The Tower and the Coud: Higher Education in the Age of Coud Computing 43 compies artices by educators and technoogists from different areas of higher education, incuding three by ibrarians: From the Library to the Laboratory: A New Future for the Science Librarian ; Schoarship: The Wave of the Future in the Digita Age ; and University 2.0. Berkeey Tech. L.J. 189, 190 (1997) ( For od modes of ega information, 1996 was the year the music died. ) 37. Id. at Id. at Id. 40. See Berring, supra note 35, at Mi c h a e Mier, Co u d Co m p u t i n g: Web-Based Appications Th at Ch a n g e t h e Way Yo u Work and Coaborate Onine (2008). 42. Nichoas Carr, The Big Switch : Rewiring the Word, from Edison to Googe (2008). 43. Th e To w e r a n d t h e Co u d: Hi g h e r Ed u c at i o n in t h e Ag e o f Co u d Co m p u t i n g (Richard N. Katz ed., 2008), avaiabe at