Members of the ABA International Law Section Gather in Paris for Annual Meeting and Learn About Cloud Computing

Members of the ABA International Law Section Gather in Paris for Annual Meeting and Learn About Cloud Computing

Members of the American Bar Association – International Law Section gathered on November 5, 2010 at The Westin Paris

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in Paris, France to actively participate in a panel discussion titled “Ephemeral Boundaries: Cross-Border Implications of Cloud Computing” sponsored by the International Litigation Committee.

Cloud computing, in which electronic information is processed and stored over the Internet, poses fundamental challenges to the most revered concepts of the rule of law: Geographic basis for statutes and regulations, jurisdiction based upon physical presence, and data protection, security, and privacy laws based upon the location of tangible assets such as hardware and people. Privacy and data protection laws requiring standards of protection for transfer to certain jurisdictions may pose challenges to cloud arrangements. Re-evaluation of traditional notions of disclosure and discovery of information in the cloud may also be in the offing as the cloud alters these paradigms.

The interactive panel, facilitated by moderator Ken Rashbaum, of Rashbaum Associates, LLC (New York City), explored such areas as contractual protections, jurisdictional hurdles, privacy and data protection issues with regard to personal, sensitive or otherwise protected data in the cloud, ownership user rights in intellectual property, and means to assure access to the data. Panelists Juliana Abrusio, Opice Blum Advogados Associados (São Paulo, Brazil), Theresa Beaufort, Google, Inc. (Mountain

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View, California), Alex Blumrosen of Bernard-Hertz-Béjot (Paris, France), and Fernando M. Pinguelo, Norris McLaughlin & Marcus (New York/New Jersey) discussed further the impact of the Cloud on European, Brazilian, and U.S. laws and policy.

To learn more about the impact of Cloud Computing on U.S. caselaw and policy, read the article written by Fernando M. Pinguelo and Brad Muller titled “Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw,” accepted for publication in Boston College Law School Intellectual Property & Technology Forum and Journal, November 5, 2010.

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