Monday, March 25, 2013

Does Alaska have rules on the use of cloud-computing by attorneys?

Our northernmost state has yet to speak on the issue.

The Alaska Bar Association has not issued any formal opinions on cloud computing; however, Alaska’s version of the Model Rule 1.6 modifies the duty of the attorney from keeping client’s “information” confidential to keeping a client’s “confidence or secrets” confidential, because the state felt “information” was overly broad.  It is reasonable to conclude then that should Alaska issue an opinion on cloud computing that it would almost certainly follow the American consensus that it is permissible, especially as that consensus has arisen largely from states with a broader view of the duty of the attorney confidentiality.

If and when Alaska does issue a formal opinion on the subject, we'll let you know.  

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