Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications between Indonesian officials and an American law firm retained by Indonesia for help with the trade dispute.”
Web-based email service providers may use automated processes to review email you send and receive. This may be done to look for spelling errors and spam. But it also may be done to target advertising based on the content of the email.
The terms of service of some cloud providers give the provider the right to access the content of material you create or store for purposes ranging from technical support to refining the cloud services they provide.
In this new digital world, is it reasonable to expect that a communication between client and lawyer for the purpose of obtaining legal advice is confidential (and, therefore, privileged)? The attorney-client privilege faces new tests with the advent of “the cloud” and other digital innovations. This was one of the topics covered in the Association of Certified E-Discovery Specialists’ program, “Inviting Scrutiny: The Impact of Digital Age Innovations on the Attorney-Client Privilege,” in which I participated with U.S. Magistrate Judge James Francis (SDNY) and Phil Favro of Recommind.