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Compliance in the Cloud and the Implications on Electronic Discovery

Compliance in the Cloud and the Implications on Electronic Discovery
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Author(s): Dean Gonsowski (Symantec Corporation, USA)
Copyright: 2013
Pages: 21
Source title: Cybercrime and Cloud Forensics: Applications for Investigation Processes
Source Author(s)/Editor(s): Keyun Ruan (University College Dublin, Ireland)
DOI: 10.4018/978-1-4666-2662-1.ch009

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Abstract

Cloud Computing will be a disruptive technology that will ultimately change the face of computing with a market approaching $300 billion over the next five years, according to recent study from the Market Intel Group (Mathews, 2010). The unstoppable migration of data to the Cloud is undoubtedly due to numerous financial benefits, particularly for small and medium-sized companies, which historically do not have the same capital budgets as larger enterprises. However, this boundless upside is not without risks from a legal and compliance perspective, making it all that more important for entities to look before they leap. Today, nearly every corporation is required to preserve and produce Electronically Stored Information (ESI), such as emails and other electronic documents, as part of their response to litigation, regulatory inquiries, and subpoenas. When the subject ESI happens to be stored in the Cloud, there are a handful of potential obstacles that serve to complicate the eDiscovery process. For some, this leads to sanctions and increased compliance risks. In order to navigate these potentially treacherous waters, organizations need to be proactive and follow a “measure twice, cut once” approach. This chapter will discuss the basics of eDiscovery and explore ways to minimize potential compliance hurdles when migrating significant data stores to/from the Cloud.

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