Cloud Computing Presents Challenges in e-Discovery

Cloud computing is alive and flourishing. It has become the popular technology tool for many who want to shift from local PC/Network computer storage and processing to external computers in “the cloud” (on the Internet) handling these types of services. e-Mail, word processing and financial systems are all examples of information that may no longer exist at a company's physical site and reside somewhere in cyberspace. Cloud computing technologies, however, can significantly impact how and where electronically stored information (ESI) resides, thus impacting the traditional e-discovery model.

Simply put, cloud computing is typically considered a subscription-based or pay-per-use service that is provided through the Internet. This also extends to the concept of Software-as-a-Service (SaaS). This includes software applications (e-mail, word processing, etc.) that are provided as a service to company employees via the Internet. Their information is stored on third-party network servers and not on in-house computers. Access to these applications is typically through a standard Web browser, allowing a user to access the information from virtually any location.