Keeping Secrets in the Cloud

© 2015 ROBINS KAPLAN LLP

Keeping

Secrets In The

Cloud

Investigating and Confronting the ThreatAIPLA 2015 Spring Meeting - Seth A. Northrop

© 2015 ROBINS KAPLAN LLP 2

So, What’s The

CLOUD?


Centralized sharing of computing resources across a network

© 2015 ROBINS KAPLAN LLP 42 Either “public” or

“private”

(Not my house!)

© 2015 ROBINS KAPLAN LLP 52 Either “public” or

“private”

(Much more accurate for Silicon Valley)


IaaS

3 Different services provided

PaaS

SaaS


Why Business IsLOOKING TO THE CLOUD


1This stuff is hard to manage

(This was me!)


2It provides business with more flexibility

(Definitely not me!)


3It saves money

11© 2015 ROBINS KAPLAN LLP

SIMPLE TRUTHFOR INSIDE COUNSEL:

The Cloud Is Here To Stay.

NOW WHAT?


What areTRADE SECRETS?

© 2015 ROBINS KAPLAN LLP 131 The information needs to

be secret (shocker!)


It derives “independent economic value” from being secret

© 2015 ROBINS KAPLAN LLP 153 There are reasonable

efforts to keep it secret

Unif. Trade Secrets Act § 1.4


Provides a right to limit the dissemination of the information

Altavion, Inc. v. Konica Minolta Sys. Lab. Inc., 226 Cal.App.4th 26 (Cal. App., 2014)

17© 2015 ROBINS KAPLAN LLP

Anyone else see the concerns related to storing secrets on third-party shared systems?

(Storm metaphor was inevitable)


It Feels A Bit LikeBEING LOST IN

THE FOG


How toWEATHER THE

STORM


It Begins And Ends With Reasonableness

(Not every stock photo can be unlame)

Taco Cabana Intern., Inc. v. Two Pesos, Inc., 932 F.2d 1113, 1124 (5th Cir.1991)


Pay Attention To The Terms of Service


1Nobody looks this good negotiating a contract


2Most lack the buying clout to negotiate cloud Terms of Service

(Even if you look like these two!)


3Own your data


3Own your data


4Control who views your data

(He’s watching you now)

Lincoln Park Sav. Bank v. Binetti, 2011 U.S. Dist. LEXIS 7320 (N.D. Ill. Jan. 26, 2011)






5Look for assurances to keep data confidential and secure

Von Holdt v. A-1 Tool Corp., 2013 U.S. Dist. LEXIS 636 at *9-16 (N.D. Ill., Jan. 3, 2013)






6Watch for provisions that allow data to be moved






Encrypt Your Data

(And beware of hackers wearing hoodies)


Silo Your Data

Lockheed Martin Corp. v. L-3 Commc’ns Corp., 2008 U.S. Dist. LEXIS 109615 (N.D. Ga. Sept. 30, 2008)


Shore Up Internal Data Storage Policies


Monitor Data Transfers To The Cloud


Train Your Employees

(Not that kind of training!)


Train Your Employees

(How many of you are sleeping like this guy?)


Form A Quick Response Team

(Maybe without guns?)Lockheed Martin Corp. v. L-3 Commc’ns Corp., 2008 U.S. Dist. LEXIS 109615 (N.D. Ga. Sept. 30, 2008)


Form A Quick Response Team

(Better?)


… and Include Outside Counsel

(Too gratuitous?)In re Woolworth Corp. Sec. Class Action Litig., 1996 U.S. Dist. LEXIS 7773, at *5–8 (S.D.N.Y. June 6, 1996)


Seth A. Northrop

Silicon [email protected]

Keeping Secrets in the Cloud

Law

robins kaplan llp

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trade secrets

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