The document summarizes a presentation on maximizing cloud computing opportunities in the public sector. It discusses definitions of cloud computing, federal government initiatives supporting cloud adoption like Apps.gov, considerations around data privacy and security, and opportunities for organizations to get involved in government cloud projects. The presenter emphasizes that cloud computing offers significant opportunities for IT cost savings and service delivery but challenges around user confidence in data protection must be addressed.

1. Cloud Computing Roundtable:
Maximizing the Public Sector Opportunity
Presented by Janine Anthony Bowen, Esq., CIPP
JBOWEN@MCKENNALONG.COM
404-527-4671
October 29, 2009
Capital Grille, Atlanta, GA
© 2009 J. A. Bowen. All Rights Reserved.
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2. Your Presenter
• Janine Anthony Bowen, Esq., CIPP
– Janine’s practice focuses on strategic commercial transactions
involving technology and intellectual property. Such transactions
include licensing and acquisition of technology; issues
surrounding the protection and utilization of Internet-based
assets; privacy and information security; technology export
compliance; and technical data rights.
• McKenna Long & Aldridge LLP
– 500+ Attorneys and Public Policy advisors
– A national, general practice firm with deep expertise in
corporate/technology transactions, government contracting, and
government affairs
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3. Discussion Topics
1. Cloud Computing: What is it?
A. Federal CIO Vivek Kundra’s Short Form Definition
B. NIST Definition
C. The Hype – It Really is Deafening
2. Is the Market Real? Federal Government Initiatives
A. Apps.gov
B. 2010 Budget Priorities
3. Sampling of Policy Considerations
A. Broadband Coverage
B. Liability Rules
C. User Confidence 3
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4. Discussion Topics
4. The Big Issue: Data Privacy and Security
A. Data Privacy
B. Data Security
C. The Intersection between Policy, Public Sector, and
Private Sector Issues
5. The Take-Aways
A. Am I Ahead, Behind, or in the Game?
B. “Aggregate, Integrate, and Surround”
C. The Opportunity is There.
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5. Cloud Computing
Vivek Kundra’s Definition
• “…a computing model where IT capabilities are delivered
as a service over the Internet to many users. Like a utility
such as electricity or water, cloud computing allows users
to only consume what they need, to grow or shrink their use
as their needs change, and to only pay for what they
actually use.”
• Tuesday, September 15th blog post – www.whitehouse.gov/blog/streaming-at-100-in-the-
cloud
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6. National Institute of
Standards & Technology’s Definition
• Cloud computing is a model for enabling convenient, on-
demand network access to a shared pool of configurable
computing resources (e.g., networks, servers, storage,
applications, and services) that can be rapidly provisioned
and released with minimal management effort or service
provider interaction. This cloud model promotes availability
and is composed of five essential characteristics, three
service models, and four deployment models.
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7. NIST Definition (cont)
• Essential Characteristics • Deployment Models
– On-demand self-service – Private Cloud
– Broad network access – Community Cloud
– Resource pooling – Public Cloud
– Rapid elasticity – Hybrid Cloud
– Measured Service
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8. Three Service Models
SaaS (Software as a Service)
The consumer uses the provider’s applications
running on a cloud infrastructure. (e.g. Google
Apps)
Software
PaaS (Platform as a Service) As A Service
The consumer has control over the
deployed applications and possibly Platform
application hosting environment As A Service
configurations. (e.g. Force.com)
IaaS (Infrastructure as a Service) Infrastructure
The consumer is able to deploy and run As A Service
arbitrary software. (e.g. Amazon EC3)
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9. Adoption of Cloud Computing
• “As enterprises seek to consume their IT services in the
most cost-effective way, interest is growing in drawing a
broad range of services (for example, computational power,
storage and business applications) from the "cloud," rather
than from on-premises equipment. The levels of hype
around cloud computing in the IT industry are deafening,
with every vendor expounding its cloud strategy and
variations, such as private cloud computing and hybrid
approaches, compounding the hype.”
• Gartner, August 11, 2009 Press Release
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10. The Hype Surrounding the Cloud
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11. Is the Market Real?
Federal Government Initiatives
• The IT Dashboard details major IT investments
– Link from www.usaspending.gov
• Apps.gov
– Kundra’s demonstration of his commitment to the Cloud
– Getting on Apps.gov
• 2010 Budget Priorities
– Reinforce Federal commitment to the Cloud
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12. Yes, it is real…
• From the 2010 Proposed Budget
• “Of the investments that will involve up-front costs to be
recouped in outyear savings, cloud-computing is a prime
case in point. The Federal Government will transform its
Information Technology Infrastructure by virtualizing data
centers, consolidating data centers and operations, and
ultimately adopting a cloud-computing business model.”
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13. IT Dashboard – Federal IT Spend
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14. Getting on Apps.gov
• Browse and
purchase of
cloud services
and social
media offerings
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15. Getting on Apps.gov
• You must be on Schedule 70
– The process is detailed at www.gsa.gov/gettingonschedule
• You must respond to the RFI
– Posted on eBuy and is viewable by Schedule 70 holders
(also posted on FedBizOpps – which is an open site)
• You must resubmit your Electronic Catalog File (ECF)
– After replying to the RFI, you will get instructions to properly
categorize the offering and resubmit your ECF
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16. Is it Worth It?
Proposed IT Spend in 2010 Budget
2009 2010
# of Major IT Investments 801 785
# of IT Investments 6,566 7,165
Major IT Investment $36.8B $40.6B
Spending
All IT Investment Spending $70.7B $75.8B
• Major IT Investment = over $10M
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17. Is it Worth It?
Pilot Cloud Projects Proposed in Budget
• End user communications and computing
– Secure provisioning, support, and operation of end user
applications (with mobile workforce emphasis)
• Secure virtualized data centers
– G-to-C, G-to-G, and C-to-C service delivery modes
• Portals, collaboration and messaging
– Secure data dissemination
• Content, information, and records management
• Workflow and case management
• Data Analytics, visualization and reporting
• Enterprise SaaS (e.g. financial management)
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18. Policy Considerations
• Broadband coverage:
– High speed, high quality broadband connections are essential
– The Obama Administration is very focused on a new national
broadband plan
• Liability rules:
– Online services receive frequent law enforcement and
regulatory demands by various parties to bar third party content
– Existing statutory protections for online service providers need to
be applied and maintained equally for cloud computing to thrive
• User confidence:
– High levels of privacy and security are essential
– The infrastructure must be designed to combat cyber attacks and
threats of foreign and domestic surveillance
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19. The Big Issue: Data Privacy
– Data Breach/State Laws
– Gramm Leach Bliley
– HIPAA/HITECH Act
– FTC Safeguards Rule
– FTC Red Flags Rule
– USA PATRIOT Act
– European Union Data
Privacy Directive
– FTC Actions/Enforcement
Authority
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20. The Big Issue: Data Security
• Confidentiality
– Limits on who can get what kind of information
• Possession/Control
– Loss of control of the information, regardless of whether there is a
breach of confidentiality
• Integrity
– Information is correct or consistent with its intended state
• Authenticity
– Correct labeling or attribution of information
• Availability
– Timely access to information
• Utility
– Usefulness of information (e.g. loss of encryption key for
encrypted data eliminates its utility or usefulness) 20
*Parkerian Hexad proposed by Donn B. Parker (can be found on Wikipedia)
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21. Data Privacy & Security
The Intersection of Policy, Public & Private
• User confidence is key to commercial and public sector
adoption
• Kundra has been explicit – privacy and security must be
addressed
• Large scale commercial adoption rests, in part, in ability for
business to get a handle on whether the data is secure,
accessible, and treated confidentially
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22. The Take-Aways
• Am I ahead, behind, or in
the game?
– The view from the
street
• “Aggregate, Integrate, and
Surround”
– A potential strategy
• The Opportunity is There
– There will be fits and
starts
– Who can help you be
successful?
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23. Q&A
Contact Me
• Janine Anthony Bowen, Esq.
jbowen@mckennalong.com
http://www.visualcv.com/jdabowen
• 404-527-4671
• Twitter - @cloudlawyer
• LinkedIn Group – Stratus Roundtable
© 2009 J.A. Bowen. All Rights Reserved. 23
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