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Can We Abandon Confidentiality For Google Apps?

An anonymous reader writes "I provide IT services for medium-sized medical and law practices. Lately I have been getting a lot of feedback from doctors and lawyers who use gmail at home and believe that they can run a significant portion of their practice IT on Google Apps. From a support standpoint, I'd be happy to chuck mail/calendar service management into the bin and let them run with gmail, but for these businesses, there is significant legal liability associated with the confidentiality of their communications and records (e.g., HIPAA). For those with high-profile celebrity clients, simply telling them 'Google employees can read your stuff' will usually end the conversation right there. But for smaller practices, I often get a lot of push-back in the form of 'What's wrong with trusting Google?' and 'Google's not interested in our email/calendar.' Weighing what they see as a tiny legal risk against the promise of Free IT Stuff(TM) becomes increasingly lopsided given the clear functionality / usability / ubiquity that they experience when using Google at home. So my question to the Slashdot community is: Are they right? Is it time for me to remove the Tin Foil Hat on the subject of confidentiality and stop resisting the juggernaut that is Google? If not, what is the best way to clarify the confidentiality issues for these clients?"

89 of 480 comments (clear)

  1. yes.. by Anonymous Coward · · Score: 5, Informative

    ..the google apps contract is fine. IAAL and i use google apps for all my stuff. i DO maintain a separate backup but everything goes on google. the bar is also fine with it.

    1. Re:yes.. by Anonymous Coward · · Score: 4, Insightful

      Good thing you posted anonymously. That means you won't lose clients and we don't have to take you seriously.

    2. Re:yes.. by TheMMaster · · Score: 5, Informative

      If you had read the entire article you would've seen that it is written by "Brett Burney is principal of Burney Consultants, based in Cleveland." Finding his website, it turns out that mr Burney is not a lawyer, he provides some legal services FOR lawyers.

      So, that article is just some guy saying how convenient those tools are. Not some sort of legal analysis of the use of web-based applications for sharing private data.

      Here in Europe using stuff like that is absolutely not allowed for sensitive data, doctors, lawyers and governments are most certainly NOT allowed to use a hosted app like that.

      --
      Fighting for peace is like fucking for virginity
    3. Re:yes.. by jonnyj · · Score: 5, Informative

      I can't give a legal answer for US companies, but its my job to consider questions like this for a UK based financial services business. Google's applications are essentially the same as any other outsourced services, and UK law is based on the premise that you can outsource activity but you can't outsource responsibility.

      What this essentially means is that a UK business is expected both to have a legally enforceable set of data protection contract terms and to have conducted a risk assessment supported, where appropriate, by a detailed appraisal of the outsourcer's policies, procedures and practices. FWIW, the conclusion that I've drawn is that Google apps are completely unuitable for any UK business that processes customer data, as there is no guarantee that the data will remain in the EEA (European Economic Area) or another country that has equivalent data protection principles enshrined in law. UK business are not allowed to process personal data in the USA without express customer consent because its data protection laws fall short of ours.

    4. Re:yes.. by nomadic · · Score: 4, Interesting

      IAAL too and I see nothing wrong with Google apps. Don't know about doctors, but lawyers are perfectly aware that nothing is foolproof once you get online, and we realize that some Google employee has access to our stuff. We're expected to maintain confidentiality in a reasonable matter, not approach it with the paranoia of a computer security expert.

    5. Re:yes.. by chadplusplus · · Score: 5, Interesting

      IAAL too, and I saw nothing in there relating to whether the various state bars have given this the thumbs up. I suspect this would depend greatly upon the relative progressiveness of the pertinent state bar. I'd be interested in seeing an ethics ruling concerning this if you have any citations. (Sorry, I'm not paying Lexis to do a search just to satisfy my curiosity.)

    6. Re:yes.. by michaelhood · · Score: 4, Insightful

      It doesn't take a "computer security expert" to know that you're unnecessarily risking your clients' confidentiality by sending your communications wholesale to a 3rd party.

    7. Re:yes.. by rjh · · Score: 5, Insightful

      IANAL. My only legal credential is that I come from a family of lawyers and judges who are absolutely adamant about their moral obligation to preserve privilege.

      As they have explained it to me, once you voluntarily hand information off to an uninvolved third party, the veil of privilege is breached and it can be discovered.

      As they have explained it to me, anything you give to Google can be subpoenaed. Google is currently one of the most-frequently-served companies in the world, and Google gives full and enthusiastic cooperation with lawfully issued subpoenas.

      If you really see nothing wrong with risking the privilege of your work product by putting it into the hands of a third party, and if you really see nothing wrong with making it discoverable via subpoena, then by all means use Google Docs. However, for my own sake, I refuse to deal with lawyers who use outsourced IT services.

    8. Re:yes.. by rjh · · Score: 4, Insightful

      Yes. When I was looking for a lawyer, I asked them how they contacted their clients, and where their email servers were located. The guy I eventually chose as my lawyer told me he contacts clients via email, phone and IM only to arrange face to face meetings, and then walked me down the hall to the server room. He introduced me to the sysadmin, and the law firm sysadmin answered more of my questions.

      Choosing a lawyer is a big deal. You should treat it like one. Any lawyer who is not willing to fully answer your questions is not worth your time or money.

    9. Re:yes.. by demonlapin · · Score: 2, Informative

      IANAL, but reasonable expectation of privacy is a legal term of art that bears strikingly little resemblance to the average person's comprehension thereof. A potentially relevant case to this is that called-number logs are considered not private because, originally, you had to tell the operator which number you wanted to call - so you voluntarily gave up the privacy of who you called, even though the content was private. A good friend of mine who IS a lawyer mentioned in explaining the whole thing that you have no reasonable expectation of privacy in another person's home, even if they're not there.

    10. Re:yes.. by ValentineMSmith · · Score: 2, Insightful

      He just has to ask himself whether or not he feels lucky. I work with ePHI every day, and would NOT want to be the first person targeted with prosecution over that. Remember, HIPAA is a criminal statue, not just civil. Lawsuits would be the least of your worries if you ended out disclosing patient information.

      --
      Karma: Chameleon - mostly influenced by bad '80s New Wave music
    11. Re:yes.. by jon3k · · Score: 2, Funny

      Who's shouting? Look it's also illegal to rob banks but as long as you don't get caught, you're in the clear.

    12. Re:yes.. by Anonymous Coward · · Score: 2, Informative

      What your lawyer parents forgot to tell you is that lawyers use the services of all sorts of third party services, who agree and are duty bound to maintain the confidentiality of the information the lawyers entrust to them. My law firm's entire network is administered by a third party IT company. If you think there is something legally wrong with that, you need to talk to your parents again. We send out sensitive documents for copying, 40,000 pages at a time. You think any law firm on the face of the planet handles that in-house? You think the reprographics companies, who are intensely competitive for law firm business, are sitting around reading the documents? I tried a trade secrets case where the key trade secrets evidence consisted of dozens of over-sized engineering drawings. Not many law firms can reproduce those in-house. We hire scientific and accounting experts to review confidential information and serve as consultants. I use Verizon wireless, and clients leave voice-mail on Verizon's network. None of that waives attorney-client privilege or work product protections. Its not even a close call.

      You also might want to tell your parents about the Stored Communications Act and the Computer Fraud and Abuse Act, both federal laws. (There is also a very broad California statute that I'm certain applies to Google.) Among other things, the Stored Communications Act makes it unlawful for a company to turn over your e-mail pursuant to a civil subpeona. In fact, there's a federal case out there that says you can sue a lawyer who serves a subpoena in blatant violation of this law. I was surprised by that case myself, so your parents should be wary if they are still practicing. On the other hand, your G-mail can be subpoenaed by law enforcement in a criminal case. But that is much less likely to happen, since those are not handed out like candy the way civil supeonas are. But then, those same criminal subpeonas can be sent to ISPs, phone companies, the list goes on.

      Ultimately, all documents no matter where they are stored are discoverable unless they are subject to a specific privilege. And if they are privileged, using the services of a trusted third party who obligated to maintain confidentiality does not waive the privilege. And if someone tries to subpeona that information, the law requires notice and an opportunity to object.

    13. Re:yes.. by Joe+Wagner · · Score: 2, Interesting

      As they have explained it to me, once you voluntarily hand information off to an uninvolved third party, the veil of privilege is breached and it can be discovered.

      IANAL, as well, but that statement is incomplete. You can clearly outsource at least one IT function: email, without risking privilege. Google's Postini is the the email service provider for many (most) of the nation's best and/or biggest lawfirms. (e.g. lookup the mx records of steptoe.com, chadbourne.com, perkinscoie.com, gibsondunn.com, bakernet.com, dlapiper.com, whitecase.com, sidley.com, mayerbrown.com). All *.psmtp.com.

    14. Re:yes.. by julesh · · Score: 2, Informative

      Hmmm Virgin Media must have updated their T&Cs recently without notifying me.
      They announced they're outsourcing all email to google.

      "G. Your details and how we look after them
      7. By having our services activated in your home and/or by using them you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing the services. If we do make such a transfer, we will put a contract in place to ensure your information is protected."

      (Virgin's T&Cs)

    15. Re:yes.. by speedtux · · Score: 2, Funny

      UK business are not allowed to process personal data in the USA without express customer consent because its data protection laws fall short of ours.

      US and UK privacy protections differ, but to say that the US protections "fall short" of UK protections is false. They have different aims, and I prefer the aims of US privacy protection to those of the UK and Europe, thank you very much.

      I think you see the kind of myth you're repeating perpetuated by the UK government; anti-American rhetoric makes a great cover for pushing through an increasingly totalitarian agenda.

  2. The bottom line by Samalie · · Score: 5, Insightful

    If you are in an industry where your internal communications/documents/etc should or must remain confidential, than you cannot trust Google Apps as your free platform for email/document creation/document storage.

    If you don't mind the possibility that the world may get your data, then by all means feel free to use Google, or any other SaaS type offering.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:The bottom line by eln · · Score: 5, Insightful

      If you are in an industry where your internal communications/documents/etc should or must remain confidential, than you cannot trust any Internet-based system as your free platform for email/document creation/document storage.

      FTFY. If your documents exist on the Internet, especially unencrypted, they won't be confidential for very long. Whether or not Google as a company is trustworthy or not is irrelevant. If anyone hacked into your Google account, they would have access to everything. If a random employee at Google decided to sell your stuff to a tabloid, there's nothing you could do to stop them until it was already too late. Without ironclad confidentiality agreements with real penalties for breaking said agreements, you shouldn't be trusting any third party with this stuff, and you certainly shouldn't have it on the Internet.

    2. Re:The bottom line by CharlyFoxtrot · · Score: 3, Insightful

      Lazy sysadmin wants to compromise his company to work less. News at 11.

      Come on it's not just laziness. People use the Google apps at home, they do the job. It's no wonder they say "Why not use the same stuff at the office?" That's how MS got where they are after all, it also might be why they've got their panties in a twist over Google.

      --
      If all else fails, immortality can always be assured by spectacular error.
    3. Re:The bottom line by Shakrai · · Score: 4, Insightful

      and you can sue google without a eula type contract.

      You can sue the IT guy with a grudge too but that won't help you to recover your business reputation or lost clients after a data breach. Why the hell does everybody look at something and think that "we can sue them!" is some sort of plus anyway? I'd rather avoid being in the position of having to decide whether or not to file a lawsuit altogether, thank you very much.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:The bottom line by HTH+NE1 · · Score: 2, Insightful

      Further, if you share data with an outside company, you don't have a reasonable expectation of privacy in that data anymore, and the government can subpoena that company for what it knows about you. Just like a lawyer engaging in communications with his client with a third party present, those communications are no longer privileged.

      IANAL, I just watch fake ones on TV.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    5. Re:The bottom line by jeffasselin · · Score: 4, Insightful

      Number of internal IT guys with systems access: 5
      Number of Google employees: 3 billions

      Chance to identify and sue the pants off the leaker if he's internal: 99%
      Chance to sue Google and not get ass-raped by their robotic lawyers with laser eyes: Infinitesimal

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    6. Re:The bottom line by spydabyte · · Score: 4, Interesting

      When you don't pay for something, you can't rely on it. Try winning a law suit against a patient because you didn't have the correct medical knowledge because your ISP couldn't resolve a Google DNS one day...

      I'd think this is a much greater issue than worrying about Google email snoops. That and unecrypted standards over wifi access. Doctors: Don't go mobile. Stay within your cellular-free hospitals.

    7. Re:The bottom line by EdIII · · Score: 4, Informative

      Not only did you not read TFA, but you did not even read the summary. Laziness has nothing to do with this at all. He is getting a lot of friction from his clients that don't understand HIS reservations about doing business with Google in this manner. He is concerned for their legal liability. Sounds like an IT guy that actually cares.

      His question being posed to the /. community, is whether or not his clients have a point. Can we really trust Google with data that must remain confidential. Can he recommend Google services to his clients without fearing for liability later down the road.

      Yeah, that sounds lazy to me....

    8. Re:The bottom line by Orange+Crush · · Score: 3, Interesting

      And yes, it's lazyness: he's a sysadmin, and he knows the security implications. He just chooses not to care.

      Of course he knows the security implications. His clients don't. And he can't force them to pay the (significant for a small office) costs of doing it "right." They'd simply stop being his clients.

      Don't assume he's lazy, he's trying to do his best for his smaller clients and that's admirable. (I've often found the smaller the client the more of a cheap bastard and whiny high-maintenance client they tend to be)

    9. Re:The bottom line by WinterSolstice · · Score: 3, Insightful

      I would agree with this. I would *never* use a attorney who didn't take proper care of my confidential records. Those are more than just slightly sensitive.

      --
      An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
    10. Re:The bottom line by Anonymous Coward · · Score: 3, Insightful

      which is why lexis nexis gets subpoenaed so many times.... oh wait, they dont. gee... with all that confidential legal strategy online at lexis
      you would think they do. and using lexis breaks priv ... oh wait, it doesnt.
      i know youre not a lawyer but please dont be an idiot as well.
      using microsoft word or any other tool does NOT break priv, google apps is SSL encrypted and secure enough (Google Apps is SAS 70 Type II certified) that its not a problem. so is lexis, westlaw and the hundreds of other third party tools used by lawyers, some of which are local and some of which are hosted. stop with the ignorant bullshit already. you have a reasonable expectation of privacy BECAUSE THE CONTRACT SAYS SO and THE SERVICE IS ENCRYPTED IN THE NETWORK LAYER and THE SERVICE IS CERTIFIED TO AN INDUSTRY STANDARD (not important to you, important to a Daubert analysis).

    11. Re:The bottom line by commodore64_love · · Score: 2, Insightful

      >>>People use the Google apps at home, they do the job. It's no wonder they say "Why not use the same stuff at the office?" That's how MS got where they are after all
      >>>

      Actually Microsoft went in the opposite direction, hanging onto IBM's coattails which grew dominant in the office while Atari and Commodore were dominant at home (from 1980 to 1986). Then people started saying, "I want to bring my work to my home", and so they went and bought IBM PCs which became dominant from 1987 onward.

      So MS went from office-to-home. I doubt the reverse strategy would succeed for Google, since most people don't do a lot of work at home - mostly they just copy whatever the office uses, i.e. Microsoft.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:The bottom line by JerRocks · · Score: 3, Funny

      Half the world works for Google now?

      And another number for to weight in your list:

      Chances your internal IT guys know more about securing your data than Google engineers: 5%

      Yes, my number was pulled out of my ass too.

    13. Re:The bottom line by dotc · · Score: 2, Insightful

      That's the annoying thing - my patients ask for my email address all the time.

      I decline, explaining email isn't appropriately secure for health communications... and get the "Come on, get into the 21st century, you luddite!" response. Particularly from the Blackberry crowd.

      But everyone posting at slashdot is "I wouldn't go to anyone who isn't super safe."

      Sadly, most patients aren't like that...

    14. Re:The bottom line by theLOUDroom · · Score: 2, Insightful

      Sometimes you just have to say "no."

      People in all sorts of fields get offered money to comprimise themselves every day.
      You need to determine where the line is and stick to it. Doing someting stupid because someone else paid you doesn't automatically restore your reputation or protect you from legal liability.


      Try read a welding forum somtimes. Someone will show up and want a hole in their gas tank welded. The welder will say "no". Then every so often you read about the guy who said yes and died.

      It all comes down to professional ethics. When that little voice in your head says "I shouldn't be doing it this way." STOP. Sure, there's always someone out there willing to pay you to do the wrong thing, but that's no excuse for your own actions.

      Make the case for doing it the right way. If they refuse, look for work elsewhere.

      --
      Life is too short to proofread.
    15. Re:The bottom line by Boomerang+Fish · · Score: 2, Informative

      Having worked as consultant helping companies prepare for Sarbanes and HIPPA compliance, I can tell you that both require regular reports and testing to be performed by management ensuring that their controls are in place to prevent (preferred) and/or identify an IT guy who leaks such data. With Sarbanes-Oxley, an external auditor also performs the testing and the results are sent tot he SEC and included in any public inquiry about the financial status of your company. I assume something similar is done WRT to HIPPA, but so far I haven't actually had to work on the final reports, just the initial testing we perform to help the company figure out what they have to do to become compliant.

      With proper controls in place, said IT guy would be prevented (ideal) or detected during such a disclosure, even if not immediately. Impossible for IT to get around? No, but damn difficult to do with leaving a trace, assuming proper controls concerning segregation of duties, isolation of production data from development teams, and proper system reporting.

      Adding Google Apps brings in a whole separate entity for which you can employ NO controls, and who have publicly stated they won't guarantee the safety of your data. There are outsourcing companies that meet the requirements for SOX and HIPPA, and they can provide documentation (SAS70 comes to mind, but others exist too) generated by outside federally licensed auditors reporting on their status regarding such controls over their access to YOUR data and access to YOUR sensitive information. From Google's public stance on your data security, I sincerely doubt that they have undergone such auditing (or if they have, failed miserably).

      So, if you trust Google more than your IT staff, then it's clear you've never undergone an external audit.

      That said, if you have undergone an audit and failed it in any significant way, then the risk may be similar. But properly controlled environments are VERY difficult to steal or leak data from without leaving some sort of trail.

      The audits aren't perfect but they're a hell of lot better than what Google has so far provided.

      --
      I drank what?

  3. No by gweihir · · Score: 3, Informative

    Confidentiality is very, very important to businesses and individuals, even more so in the Internet age. One of the reasons to continue to operate your own infrastructure, no matter what the current hype is.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  4. HIPPA requirements should... by Nutria · · Score: 3, Insightful

    immediately squelch any such thoughts.

    --
    "I don't know, therefore Aliens" Wafflebox1
  5. por que? by Em+Emalb · · Score: 3, Informative

    From here: http://docs.google.com/support/bin/answer.py?answer=82366&ctx=sibling

    "
    Privacy and security: Understanding section 11.1 of our Terms of Service
    Print
    We've received questions over time about the meaning of section 11.1 of our Terms of Service. We realize that for those not familiar with legal agreements for services that use the Internet, these terms can look confusing, or even frightening.

    The first thing to understand is that this language doesn't give Google ownership rights to your data. You, and you alone, own your content. Whether you wish to keep your content totally private, or share it with the world, that's your choice.

    However, in order to honor this choice, Google Docs needs permission to display your content as you see fit. This is what we mean by a "license to reproduce." We need to ensure that when you click the "Publish document" button, or use the "Invite collaborators" option, we have the license to carry out your wishes. It is this agreement, between Google Docs and you, the user, that section 11.1 of our Terms of Service reflects."

    Why would you even chance it? That's their EXISTING terms of service, but as always, those terms are subject to change without notice.

    I can't imagine that HIPAA would allow this.

    --
    Sent from your iPad.
    1. Re:por que? by DragonWriter · · Score: 2, Informative

      you can use google apps without google docs. HIPAA is fine with it.

      Maybe, maybe not. The HITECH Act (which is really part of the recent federal stimulus law, the American REcovery and Reinvestment Act) and the Guidance issued under the HITECH Act requires that for HIPAA protected health information (PHI) to not be considered "unsecured", information in motion must be protected under appropriate FIPS 140-2 approved standards (for use of TLS, that's NIST Special Publication 800-52, Guidelines for the Selection and Use of Transport Layer Security (TLS) Implementations), which (as well as restricting which of the avaialable cipher suites for TLS are acceptable--notably, not RC4) also provides for the use of client certificates for authentication and states that server implementations should not accept connections without them, rather than falling back on alternative authentication mechanisms like username/password. The HITECH Act requirements, and the specific standards referred to in the guidance, are rather new as specific mandates with regard to HIPPA PHI, and I am rather suspicious of anyone who, without presenting any analysis, simply says that HIPAA raises no problems with Google Apps being used for HIPAA PHI.

  6. Need to assess more than one criteria by Anonymous Coward · · Score: 4, Insightful

    It might be an acceptable compromise. The same clients considering Google Apps are 99.999% likely to have a non-existent or ineffective backup/archiving system, lack the expertise/cash for sysadmining Microsoft enterprise apps and would probably benefit from being able to log in on multiple machines to access their data. All strategies involve risk - if you veto Google, they may be missing out on the best compromise solution. YMMV.

  7. Say hello to your lawyer by PolyDwarf · · Score: 4, Insightful

    This is slashdot, not legaldot.

    That being said, your writeup sounds like you're a contractor/have your own company. If that's the case, the best you can do (Outside of telling your customers you aren't going to and being fired) is make very clear, in writing, what your opinion is, and get them to sign off, in writing, that they are responsible and/or have another way for handling confidential info, etc.

    I'm not sure if that's enough to cover your butt or not. See first sentence about this is slashdot, not legaldot. I would consult with a lawyer, preferably one that is not one of your customers.

    1. Re:Say hello to your lawyer by Red+Flayer · · Score: 5, Insightful

      It's been said before:

      If you're response to an Ask Slashdot submission about $X is "Ask a lawyer about $X", then you should rewrite the Ask Slashdot question in your mind to "What should I know before I talk to a lawyer about $X?"

      Lawyers are expensive. Community knowledge can e very helpful in reducing the amount needing to be spend on legal fees, and I'm sure plenty of Slashdotters have good insight that can help the submitter.

      For my part, all I can say is that I wouldn't use a doctor if I knew they used Google Apps. There's too much risk that an employee at Google might let loose the secret of my debilitating suppurative penile encrustations.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  8. Re:Slashdot layout broken AGAIN by Scrameustache · · Score: 3, Funny

    Why does the story header appear *red* instead of the usual green? (Firefox 3.5 on Vista)

    It does that when the story is brand spanking new, I think. It means you're getting the freshest of slashdot's offerings, rejoice!

    --

    You can't take the sky from me...

  9. Give them fair warning by Lonewolf666 · · Score: 3, Insightful

    Tell them about what could happen, and that the risk may be low but not zero. Because data have been exposed through sloppiness before, not only through malice.
    Then make sure YOU are not liable if they violate HIPPA or something similar. Either don't support their Google stuff or make sure you have documented that they use Google SAS against your advice.

    --
    C - the footgun of programming languages
    1. Re:Give them fair warning by GMFTatsujin · · Score: 3, Informative

      That's one way to frame the argument, and it's a good one.

      I'd stress to them that HIPAA PHI standards require the company -- AKA your bosses -- to be able to vouch for the security of the entire pipeline of information flow. It's not an issue of "they're not interested" or "the chances are low." It's an issue of minimizing the holes in the pipeline.

      Google does not offer anything like PHI-compatible security. They are a big hole in the secuirty, whatever the chances or interest are. One could argue that the world's largest indexer of information, who makes the results of those indexes freely available to the public, is the antithesis of security.

      If your bosses are serious about health care, they're not going to be idiots about it. (They may chose to be idiots about other things. Probably not this.)

  10. HIPAA compliance is no joke. by MarkvW · · Score: 4, Insightful

    If they wanna do it, they gotta get a lawyer--a lawyer who knows HIPAA. HIPAA compliance is a pain--and noncompliance can be very expensive.

    Lawyer costs may even outweigh the Google savings

    1. Re:HIPAA compliance is no joke. by DragonWriter · · Score: 4, Informative

      As far as I know, NO ONE HAS SUCCESFULLY SUED FOR HIPAA VIOLATIONS.

      Since HIPAA doesn't create a private cause of action for violations, only the federal government can enforce HIPAA rules generally (sometimes, under state laws, the fact that a disclosure is in violation of a federal law like HIPAA, or of a assurance or agreement mandated by HIPAA, may, with other factors, meet the standard for some private cause of action under state law, but the action won't be for a HIPAA violation, per se.) To date, AFAIK, none of the HIPAA complaints received by the Department of Health and Human Services' Office of Civil Rights (which enforces HIPAA) have resulted in monetary penalties being assessed, but most of them do result in OCR requiring business practice changes on the part of the entity against whom the complaint was lodged. A few do get referred to the Department of Justice for criminal prosecution, though I believe that, to date, no prosecutions have been made on HIPAA charges alone (sometimes HIPAA charges have been part of a broader criminal complaint.)

      But they are allowed to send your information to third parties to help "manage your health" or "process billing" or "collect payments" or all sorts of things.

      These third parties ARE NOT REQUIRED to follow HIPAA, as they are considered non-covered entities. . This means once your info goes to billing for processing, your privacy is based on contracts with your provider and social embarrassment.

      There was a time when that was at least generally true (where a business associate of a HIPAA covered entity might not be liable the way a covered entity was if it was not itself a covered entity), however, the recently passed HITECH Act (part of the American Recovery and Reinvestment Act of 2009 [ARRA], Pub.L. 111-5) both added additional security requirements that apply to HIPAA covered entities and extended both the existing and new security requirements on HIPAA covered entities, including the civil and criminal penalties for violations, to apply to those entities' business associates to the same extent as to covered entities themselves. (see ARRA, Title XIII, Subtitle D, Sec. 13401; codified at 42 U.S.C. Sec. 17931.)

    2. Re:HIPAA compliance is no joke. by TheMCP · · Score: 3, Interesting

      HIPPA non-compliance can not only be expensive, it can lead to jail time.

      This is my understanding based on training I received from a lawyer while working as a secondary IT director for a medical school:

      The IT director for a medical organization is required to certify that the organization is HIPPA compliant. If they are not, the IT director must make them compliant, and that may have to mean simply cutting off everyone's access to computer resources until a plan is in place to allow access in a compliant manner. (Not allowing anyone to access anything is compliant.) If the IT director certifies them to be compliant when they are actually not, the IT director can go to jail, as can anyone who may have coerced them to sign the certification. Medical professionals can also be subject to fines and/or jail time for handling data in a non-compliant manner (such as entering data into a non-compliant system such as google docs), especially if they did so knowingly.

      Were I in anonymous reader's shoes, I would tell my medical clients that I am convinced that because of HIPPA they must not use Google Docs for any medical information. If they press the issue I would tell them that I am so convinced that they must not use Google Docs to handle any medical information that if I find they have done so, I will drop them as a client and report them to relevant authorities at once. No job is worth going to jail for.

  11. Tricky HIPPA... by Annwvyn · · Score: 4, Informative

    As a Paramedic, I can say that HIPPA is extremely strict and will, if violated, force your license to be questioned as well as cause fines to be pushed your way. Honestly, doing ANYTHING outside of a secured network or a patient care medium (i.e. Pyxis, Temsis) with privileged, confidential information will plant a bullseye on your back. It is just not worth risking it. I can guarantee that an expert data thief is going to be more skilled and knowledgeable at computers and networking than any physician I know.

    1. Re:Tricky HIPPA... by Daniel+Dvorkin · · Score: 2, Interesting

      True enough -- and as an anonymous coward pointed out, many (perhaps most) in-house networks aren't going to be secured all that well either. Allegedly HIPAA-compliant systems might satisfy the lawyers, but I have to say I'm deeply skeptical that the standard of privacy they actually provide is all it's cracked up to be ... or any better than what Google can do.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  12. Just accept it by scoile · · Score: 5, Insightful

    Your role, as a qualified member of the IT staff, is to make the higher-ups aware of the risks. Do your due-diligence, tell them the data isn't secure (in person, in e-mail, and maybe even on paper), and remind them from time-to-time (using creative new analogies whenever possible). That's it, you've done your job.

    The fact of the matter is, regardless what the policy is, and regardless what they all "agree" on, they're going to put sensitive information on the Web. You'd have to take away their Internet access and portable devices to prevent it, and even then, they'd just go home and use that.

    Accept that the best you can do is educate them and provide alternatives.

  13. Can I find out the names of the doctors you work f by Anonymous Coward · · Score: 3, Informative

    I'd like to report them to the regulatory commission that enforces HIPAA rules.

    Seriously, read up on HIPAA and get them to follow HIPAA rules, otherwise huge fines could be coming their way.

    Just because a doctor hands out those privacy pamphlets doesn't give them the green light to ignore or circumvent the privacy and security rules. Claiming ignorance is not an option.

    Get them off of gmail and google apps and put them on systems and networks that you can effectively apply controls too.
    You have no control over the security and privacy controls in place within google apps thus you can't effectively satisfy the HIPAA rules.If they do not want to do an internal networks with servers, outsource it all to a data center that is HIPAA compliant and where you control the servers both physically and logically.

    Good luck and hire yourself a partner or subcontractor that does HIPAA and SOX regulatory consulting. You could hire me but I'm $350/hr.

  14. An idea to make this work by MarkWatson · · Score: 4, Informative

    Amazon published a white paper about using their AWS platform with HIPAA compient applications: basic idea is to keep data encrypted until it is in memory, and encrypt it again before writing to persistent storage.

    For Google Apps, how about using rich clients that decrypt data for viewing/editing, and encrypt it again before storing back on big table, etc.

    Perhaps Google themselves would implement this as browser plugins?

    1. Re:An idea to make this work by AnyoneEB · · Score: 2, Interesting

      Google could do this. Using IBM's algorithms which were on Slashdot recently, it might even be possible to keep everything encrypted on the server and only decrypt on the client so the data is safe even if the server is compromised. (Note: That was an article about a new and experimental cryptographic algorithm which may not be ready for serious use yet.)

      There is a problem: Google wants to show ads and encrypted data gives them no clues about what ads to show. If there is really a market for it, then maybe they should develop a paid version with encryption that a business could trust. Another possibility would be a Google Docs appliance to be put behind the company's VPN. (Or does that already exist?)

      --
      Centralization breaks the internet.
  15. Google appliance in the office? by MartinSchou · · Score: 2, Interesting

    Far as I know the Google Mini Enterprise comes with all of the apps you need.

    And since it's a local server, I suspect it'd still qualify for your confidentiality needs the same way any other local server would.

    1. Re:Google appliance in the office? by Anonymous Coward · · Score: 3, Informative

      The Google Mini (http://www.google.com/enterprise/search/index.html) is a search appliance. It will not run mail/apps.

  16. Ever read a EULA? by porkThreeWays · · Score: 2, Informative

    When you click "Accept" on many EULA's you give up rights to privacy of your data to that company. What's the difference if it's hosted or not. Microsoft can just as easily have Exchange phone home with data as Google employees can read your mail. There's no difference. You just have to decide which company you trust most.

    --
    If an officer ever threatens to taze you, say you have a pacemaker.
    1. Re:Ever read a EULA? by Tynin · · Score: 4, Informative

      I dislike MS as much as the next /.er but if your company allows your Exchange server to call home to Microsoft, for anything other than patching, your network admin needs to be fired.

    2. Re:Ever read a EULA? by snowraver1 · · Score: 3, Insightful

      Yea, but I own the network.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
  17. What does the fed do? by ljaszcza · · Score: 4, Informative

    We are a contractor for the Veterans administration. The VA insists that we comply with privacy issues strictly. Any communications that have patient information must be sent on encrypted secure systems. No open email servers/hotmail/gmail/whatever is allowed. Failure to comply with the privacy (detailed in the out of control HIPAA set of rules and standards) is punishable both financially and by being banned from contracting with the US federal government. As an administrator, I have to remind physicians that if they are caught transmitting identifiable information of our patients over unsecured channels, it may cost us our contract and may result in their being banned from seeing medicare/medicaid patients. Anyhow, that's my two cents on utilizing gmail or such for sensitive information.

  18. Professional responsibility by rjh · · Score: 2, Interesting

    It is not your job to educate them on their professional responsibilities. Odds are very good that you aren't competent to advise them on it, and it would arguably be a violation of their canons of ethics to take advice from you. Lawyers and doctors have ethics committees to field questions like these: refer your users to them.

    In the interim, stand by your guns. If your users say they'll go to the ethics committee and they're sure they'll be exonerated, propose this as a hypothetical question: if you give privileged documents to an uninvolved third party, is the veil of privilege pierced? Yes or no? (The answer is usually "yes"; exceptions are rare.) So, if you give privileged documents to Google, is the veil of privilege pierced?

    Don't give advice. Just ask questions, and whatever you do, don't give in.

  19. Re:Slashdot layout broken AGAIN by master5o1 · · Score: 3, Funny

    Some stories are red to show that they were posted by a communist.

    --
    signature is pants
  20. Hosting providers? by RichardJenkins · · Score: 4, Insightful

    I think there are three classes of company for the purposes of this discussion:

    If you trust shared hosting providers; you shouldn't care about the Google employees who can access your data

    If you trust managed hosting providers like Rackspace, particularly if they're hosting virtualised servers for you; you probably shouln't care about Google employees with access to your data.

    If you don't trust managed hosting providers; well you're probably not reading this from the office, and Google Apps doesn't get a look in.

    I'd say most companies fall into the second.

  21. Possibility? by Chuck+Chunder · · Score: 2, Insightful

    If you don't mind the possibility that the world may get your data, then by all means feel free to use Google, or any other SaaS type offering.

    I don't understand what "possibility" has to do with it. Your data could "possibly" be exposed if you have your own infrastructure.

    A more relevant question is probability. Is there additional exposure through using Google? Are Google internal security practices likely to be better than yours? If you are a small shop outsourcing your IT services anyway then why is Google worse than some other party?

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  22. Re:Can I find out the names of the doctors you wor by Proudrooster · · Score: 2, Informative

    Source: http://www.google.com/support/forum/p/Apps%20Partner/thread?tid=4d6f74d03de056c7&hl=en

    Answer to your question.:
      PeteGriffin@Google (Google Employee) + 3 other people say this answers the question:
    From a sales standpoint, I would recommend turning the question around and asking them what steps they are currently taking to be compliant with the relevant compliance-acronym (HIPAA, SOX, FERPA, PCI, etc). Understand what steps they currently take to be compliant, and what their current solution is. You'll be able to quickly discover if it's a real showstopping requirement and be able to move on, if it's something that can be addressed by Google Apps... or if they are horribly un-compliant and they're hoping that Google Apps will solve all of their problems (and more!).

    No solution by itself is going to be the silver bullet; organizations (especially small and medium businesses) have extremely varied IT infrastructure and policies, with information flowing in different ways for different reasons. Google doesn't certify or identify Google Apps as being compliant with any specific set of regulations. It's really up to the organization to determine if a solution meets their compliance needs for their specific situation.

    Google Apps has a very impressive set of features that are extremely helpful when dealing with prospects with compliance needs. The Postini component of Google Apps (referred to as Google Message Security) allows for very granular control of email content (in and out). There are additional email archiving and retention components available. Google Apps is SAS 70 Type II certified. We have also made a good deal of information available about Google's security policies when it comes to our network of data centers through a hefty white paper.

    If anyone has experiences dealing with situations like this, please feel free to share your thoughts. Tony Safoian over at SADA Systems has some good thoughts around this:
    http://www.google.com/support/forum/p/Apps+Partner/thread?tid=2ce6b0904f65ac44&hl=en

  23. Google's not interested in our email/calendar. by seifried · · Score: 2, Insightful

    But google is. They place ads based on the content of your emails (i.e. I get SVN commit messages, and lo and behold ads for SVN related stuff on the side bar). So at a bare minimum they have automated processes reading all your emails, extracting meaning from them and displaying ads to you.

    1. Re:Google's not interested in our email/calendar. by TikiTDO · · Score: 2, Insightful

      This is true for your run-of-the-mill gmail account. Gmail is a service Google offers for free, and in return gets to put up some ads. From what I see in the article, the author would be more interested in using the paid ($50/account/year) service, which is obviously free of ads. Now, I am not sure what form the data takes on the Google servers, and what additional security precautions Google takes to ensure it stays private, but that is something that would need to be resolved between the admin and the Google team.

  24. Re:No by CopaceticOpus · · Score: 2, Interesting

    Wouldn't Google be more likely to keep on top of software updates and security threats than a small, local hosting company who are figuring it out as they go? Hosting one's email with a local company or at one's own office may open a person up to more risk of being hacked than simply letting Google manage it.

  25. Re:No by commodore64_love · · Score: 4, Insightful

    Agreed. Also online aps are more-expensive longterm. For example I purchased Microsoft Office 97, and I'm still using it 12 years later, which is an annual cost of just ~$12. Online aps have significantly higher fees than that.

    There's also the advantage of owning the software. If for example you develop a design, you can archive both the design and the tools so they can still be used 15-20 years from now and "resurrected" from the basement. You can't do that with online aps which are constantly updated with no way to "freeze" a tool at a certain point.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  26. Re:No by commodore64_love · · Score: 3, Insightful

    That would never work for our military projects. Everything has to stay within the building's walls, including email.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  27. No physical security by pentalive · · Score: 5, Informative

    No matter how ironclad the agreement or how draconian the penalties your data will still be public. Sue Google into non existence and well your data is still public.

    Without physical security there is no security.
    If you don't own the box and control access yourself there is no physical security.

  28. Re:No by alexburke · · Score: 4, Insightful

    Agreed. Also online aps are more-expensive longterm. For example I purchased Microsoft Office 97, and I'm still using it 12 years later, which is an annual cost of just ~$12. Online aps have significantly higher fees than that.

    .

    Do you really think it's wise or responsible to be using a piece of closed-source software (and one not known for its security, to say the least) so many years after the vendor has stopped supporting or releasing patches for it, and for which known exploits are in the wild?

    .

    In what way does, for example, Google Apps Standard Edition ($0/year), cost more -- either up-front or in the long term?

    .

    Do you not think using current tools at the time to produce a file, then ensuring the file is stored in an industry-standard open file format (such as ODF, RTF, plain text, HTML, TeX, or PDF -- or even better, more than one), is an acceptable archive, without needing to also archive a copy of (or later run) a dated (and bug-ridden and proprietary, in this case) application along with it -- which may not even run on machines "15 or 20 years" later, as you mention?

  29. Yes, there's an additional vulnerability by Moraelin · · Score: 3, Insightful

    Once something is on Google, the up side is: any computer with internet access can log in and access it. The down side is the same: any computer with internet access can log in and access it.

    If something is on your internal network, that already puts a bit of a limit on who can access those files. It's not bulletproof, and you can still get rooted, but it's a limit. The average Tom, Dick and Harry are as good as physically separated from that data, even if they can guess your password.

    Once that stuff is on Google, essentially anyone who can guess your password is good to go.

    For example, you only need one employee who uses the same password everywhere (it happens more often than you'd think) and has ever shared their home email password with their spouse, or their WoW account with the chinese guy who power-levelled it, or whatever. Or they only need the same password somewhere where you need to guess their mother's maiden name to get that password. (Again, you'd be surprised how many put the real maiden name there.)

    Or some passwords are that easy to find out, because they're weak. People use their nickname, or pet's name, or whatnot as passwords all the time.

    Some passwords aren't even kept secret. I know the logins for a local hospital _and_ the emergency medical service, without ever having worked there, just because the former was taped to the monitor and the latter was spoken out loud while I was there. And yes, apparently veryone there used the same. So every ex-employee knows those too. Plus any patient who can read or has ears.

    So, ok, now you know a name and password for the hospital computers. Now what?

    In a traditional IT scenario, they're only accessible from the internal network. Sure, you can try to sneak into a room and use their computer, but you can be caught, so most people won't. Sure, you can try to get them rooted somehow, but again most people wouldn't even know how.

    Now move those files on Google, and you have a real extra problem. If that hospital ever moves its data to Google, every single patient who ever read the post-it on a monitor, can try it from their own home. No having to sneak anywhere, no risking that someone walks in on you, no l33t haxxx0r skillz needed. Just point your browser at Google, log in as a doctor, and read the medical data of everyone who ever used that hospital.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  30. Re:No by Chyeld · · Score: 4, Informative

    SAS 70 Type II for Google Apps
    Tuesday, November 04, 2008 at 3:46 PM
    Posted by Eran Feigenbaum, Director of Security, Google Apps

    Ever since the first Gmail users began trusting Google with their private information, keeping people's data safe has been one of our top priorities. Today, more than a million businesses, plus thousands of schools and organizations using Google Apps rely on us to safeguard their critical information.

    We've published some of the ways we keep sensitive information where it belongs, but we wanted to go farther and have external independent security specialists audit our systems and procedures. Here's the outcome: an independent public accounting firm has verified the effectiveness of our technical processes and controls for Google Apps, and Google Apps has satisfactorily completed a SAS 70 Type II audit.

    Our commitment to keeping customer information safe - whether they're consumer users or our largest enterprise customers - is part of our DNA, and we protect this information as rigorously as we protect our own sensitive corporate information. In fact, we use the very same services that we offer to our users for our own email, documents, project team sites and calendars.

    which leads to

    Statement on Auditing Standards No. 70: Service Organizations

    Statement on Auditing Standards No. 70: Service Organizations, commonly abbreviated as SAS 70 and available full-text by permission of the AICPA, is an auditing statement issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA), officially titled "Reports on the Processing of Transactions by Service Organizations". SAS 70 defines the professional standards used by a service auditor to assess the internal controls of a service organization and issue a service auditor's report. Service organizations are typically entities that provide outsourcing services that impact the control environment of their customers. Examples of service organizations are insurance and medical claims processors, trust companies, hosted data centers, application service providers (ASPs), managed security providers, credit processing organizations and clearinghouses.

    There are two types of service auditor reports. A Type I service auditor's report includes the service auditor's opinion on the fairness of the presentation of the service organization's description of controls that had been placed in operation and the suitability of the design of the controls to achieve the specified control objectives. A Type II service auditor's report includes the information contained in a Type I service auditor's report and also includes the service auditor's opinion on whether the specific controls were operating effectively during the period under review

  31. Re:If my lawyer used Google Apps, I'd get rid of h by betterunixthanunix · · Score: 2, Insightful

    It would be a massive risk of confidentiality breaches. I would rather only have to trust the people working for the law firm to prevent a data leak than have to trust them and the thousands upon thousands of IT workers at Google. Legal files could easily become high-profile overnight, especially if there are special interests who think they can them as a case-in-point for whatever agenda they have; an IT worker at Google might be paid off to leak some files, and with so many IT workers, the chances of finding one who is corrupt or desperately needs money are fairly good.

    --
    Palm trees and 8
  32. Re:No by s4m7 · · Score: 4, Insightful

    pgp is fine for a small practice to use between say the receptionist and the doctor. the problem with using pgp to obtain your confidentiality with respect to HIPAA is that emails sent from outside sources (e.g. patients) are subject to HIPAA as well, and unless you can convince all their customers to use pgp, that'll never work.

    My advice for the original asker is to take a firm stand with your clients. If there is any way that they can pin the liability on you for recommending use of google apps or other online services they will when the lawyers come knocking. I suggest you strongly recommend against it, in writing, and keep that recommendation on file.

    --
    This comment is fully compliant with RFC 527.
  33. Re:No by vux984 · · Score: 5, Insightful

    Do you really think it's wise or responsible to be using a piece of closed-source software (and one not known for its security, to say the least) so many years after the vendor has stopped supporting or releasing patches for it, and for which known exploits are in the wild?

    Word/Excel/Powerpoint? I really wouldn't worry about it, as long as they meet his needs. (Although, I'd consider giving OO.o a try.)

    Outlook - yeah, I'd suggest he pony up for a new copy, or switch to something else.

    In what way does, for example, Google Apps Standard Edition ($0/year), cost more -- either up-front or in the long term?

    Lost productivity.

    1) Lost productivity when the local ISP or some some intermediate router is down? Multiply by each user. (In a lot of places that's pretty significant. Lots of places suffer multiple hours of network down time / flaky internet every month.)

    2) Lost productivity as your employees are clicking on google ads and browsing online when they should be working on that spreadsheet or word document, or simply lost productivity as the ads become insufferably intrusive and distracting.

    Think about it... you are getting standard edition for "free". Google wouldn't do unless some non-trivial number of users is READING and CLICKING on those ads. If your secretary is working on a budget spreadsheet, and gets distracted by an google ad in the corner of her spreadsheet, gets distracted and clicks on it, and goes browsing for 20 minutes as a result... that costs you money. And THAT is PRECISELY what your beloved partner google is counting on. THAT is their entire business model. Give you the app for free, and then extract a profit by luring your staff to click ads instead of work.

    Now you might counter that google ads are unobtrusive and easily ignored. That's true to a point, but I find adds in my productivity apps VERY distracting; far more than I do on the web. I personally won't use ad supported software, but don't find them nearly so distracting on the web. Maybe its just me... But face facts google is a multi-billion dollar advertising company as direct result of people not ignoring those ads. So the ads =DO= work. Maybe YOU don't click them, but SOMEBODY is. And every time they work on someone in your company they cost you money.

    I don't object to google apps for home and noncommercial use, and their 'premium' stuff is ad free, as you are now paying them directly for service.

    But a business owner who gets his staff to use standard edition? Its idiotic... what's next? Will you switch to "free" printer toner from the Jehova's Witnesses, and in exchange they'll have witnesses wander around your office to spread the good news?

    Do you not think using current tools at the time to produce a file, then ensuring the file is stored in an industry-standard open file format (such as ODF, RTF, plain text, HTML, TeX, or PDF -- or even better, more than one), is an acceptable archive, without needing to also archive a copy of (or later run) a dated (and bug-ridden and proprietary, in this case) application along with it -- which may not even run on machines "15 or 20 years" later, as you mention?

    What makes you so confident ODF will be readable in 20 years by Google Apps, or that a google apps will even exist? All ODF being a standard ensures is that you WILL be able to write something that can read it 20 years from now, because the specification is documented and public. There is no gaurantee google apps or anything else will run it 20 years from now. And if you are looking to archive ODF, you should probably make a point of storing something that can actually read it too, ideally along with its source, unless you want to gamble on having to implement something yourself from scratch 20 years from now.

    Google apps doesn't enable you to avoid making your own backups, and if anything google apps, makes it slightly more complicated. Google apps could disappear tomorrow (unlikely in the immediate future, but possible, and who knows what the more distant future holds; companies have been shut off before), so not only do you need backups, but you should have some means of reading them too... because you can't rely on google apps being available or supporting the files.

  34. Re:No by Runaway1956 · · Score: 2, Funny

    Your walls mean nothing to us.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  35. Re:No by Swampash · · Score: 2, Funny

    operate your own infrastructure, no matter what the current hype is

    Exactly. You should be digging trenches, laying fibre, and setting up entirely separate networks so that no email you send ever passes through a machine or a network or a cable accessible by a third party.

  36. HIPAA makes it clear who gets the blame for loss by jkinney3 · · Score: 2, Insightful
    The blame will go to the DOCTOR not their online data service.

    Having done a fair amount IT architecture work in the healthcare realm for the past 10 years, I can truthfully say that doctors are really cheap and look for ways to cut a dollar now at the risk of tens of thousands later. They are also early adopters of technology yet are basically clueless on how it works.

    The cost of keeping an internal server plus vpn access for laptop use on an annual basis is a few hundred dollars. The cost of not having access to their records because of a fiber-seeking backhoe attack on their buildings access is hundreds per hour.

    What _is_ the customer support number for Google if your Google Apps data goes missing? The doctors have your cell number and probably your home phone as well.

    To Google, their account is one of thousands. To you, they are a car payment and maybe a few nights at the pub every month. Who is going to take care of them better, not cheaper.

    The old mechanics saying comes to mind: "We do things 3 ways - right, cheap and fast. You get to choose two".

  37. Re:No by Fallen+Seraph · · Score: 4, Insightful

    Lost productivity.

    1) Lost productivity when the local ISP or some some intermediate router is down? Multiply by each user. (In a lot of places that's pretty significant. Lots of places suffer multiple hours of network down time / flaky internet every month.)

    2) Lost productivity as your employees are clicking on google ads and browsing online when they should be working on that spreadsheet or word document, or simply lost productivity as the ads become insufferably intrusive and distracting.

    You forgot the other side of the coin:

    1. Lost productivity due to forgetting the thumb drive with your work at home
    2. Lost productivity due to your company's internal network going down
    3. Lost work due to a hard drive failure
    4. Lost work AND productivity due to computer theft
    5. Lost work AND productivity due to accidental overwrite of a shared file on a network drive
    6. Lost work AND productivity due to malicious code (viruses, trojans, et al)
    7. Lost productivity due to most software's inability to provide a decent collaborative environment

    Many people seem to believe that using something like Google Docs is just like using MS Office, but the reality is that it's fundamentally different in many ways. Nearly ubiquitous accessibility, collaborative tools, change history, backups, etc. The amount of productivity and work that saves alone is WAY more than any time you could lose due to advertising in my estimation. Your comparison is absurd and poorly thought out as well, because "getting toner from Jehovah's Witnesses does not give you any benefit other than getting it for free. Using cloud authoring software compared to personal software is COMPLETELY different for the reasons I listed above and others.

    The fact is that neither one is REALLY better than the other, it all depends on the task at hand, as both approches have their strengths and weaknesses. If I'm just writing a quick letter, then I'm going to use Word or OO, but if the file itself is going to be used over an extended period of time, and especially viewed or contributed to by others, I find it makes more sense to use Google Docs.

    Plus, I can't count how many times I've worked with a team on something and wound up using a Google Doc as what essentially amounts to a massive whiteboard to outline our plan of attack and add our ideas and solutions to the task at hand, as well as comment on others.

  38. Re:No by jon3k · · Score: 2, Informative

    You have classified and unclassified networks. Classified networks don't touch the Internet, ever, in any way.

  39. Re:No by jon3k · · Score: 3, Informative

    HIPAA requires ePHI to be protected both in transit and at rest (on disk). Google will tell you flat out that your data is not sufficiently protected (eg encrypted) at rest to qualify as being HIPAA compliant. Obviously you can use SSL during transit but that doesn't solve the whole equation. Google apps, flat out, are not HIPAA compliant, and google will be the first to tell you that.

  40. Re:No by margaret · · Score: 2, Interesting

    Confidentiality is very, very important to businesses and individuals, even more so in the Internet age. One of the reasons to continue to operate your own infrastructure, no matter what the current hype is.

    IAAD and I agree that confidentiality is extremely important, and health care professionals have a responsibility to safeguard PHI. However, I also think that IT admins have a responsibility to create an infrastructure that doesn't suck and that takes into account the needs of the people that actually need to use it. Because if it sucks bad enough, people will find a way to circumvent some of the safeguards in order to get their work done. Because it's human nature that getting one's work done is a more immediate need than theoretical concerns about privacy and confidentiality. So if you're going to develop an internal system, looking at what makes "the current hype" so popular might not be a bad idea.

    For example, I work at a large county hospital/university system that has adopted groupwise. We are told that PHI is secure if sent through groupwise. However, besides the fact that groupwise is inherently sucky, they've made it extremely inconvenient for residents to use it. We cannot run the real client because we aren't allowed to have VPN access, so we have to use the web client, which has a horrible interface. It has a tiny storage allotment. They will not install the software that will allow it to work on the iphone. So, most people forward their groupwise email to their personal gmail or yahoo mail or whatever. Thus defeating the purpose of having the secure system.

    Yes, it's wrong for the doctors to circumvent the security. However, I think it's just as wrong for the IT people to implement a system so crappy that people are driven to do this. Most doctors are thinking along the lines of "I have patients to take care of, I don't have all this time to spend fiddling with this crappy groupwise thing" not "let me violate HIPAA because I'm lazy."

  41. Re:No by tsm_sf · · Score: 2, Insightful

    Google apps, flat out, are not HIPAA compliant, and google will be the first to tell you that.

    And your insurance company and their lawyers will be the second.

    Actually, this is hardly surprising. HIPAA compliance is for the geeks to worry about, not the HARDCORE ER STAFF who's job is SAVING LIVES you INSIGNIFICANT LITTLE NOBODY! Did you ever SAVE A LIFE with your applebook? Huh? Didn't think so. Now get out of my way while I manage to infect our network with spyware and trojans even after repeatedly being warned about russian ring-tone sites.

    --
    Literalism isn't a form of humor, it's you being irritating.
  42. Re:No by vux984 · · Score: 2, Insightful

    1. Lost productivity due to forgetting the thumb drive with your work at home
    2. Lost productivity due to your company's internal network going down
    3. Lost work due to a hard drive failure
    4. Lost work AND productivity due to computer theft
    5. Lost work AND productivity due to accidental overwrite of a shared file on a network drive
    6. Lost work AND productivity due to malicious code (viruses, trojans, et al)
    7. Lost productivity due to most software's inability to provide a decent collaborative environment

    2,3,4 & 6 all affect using google apps too, to precisely the same degree assuming you have even a half decent backup solution.
    1 is offset by the internet / google going down
    5 not an issue assuming you have a decent backup solution on the network drive
    7 most documents aren't collaborative and what you gain in collaboration you lose in script and automation/workflow support

    Using cloud authoring software compared to personal software is COMPLETELY different for the reasons I listed above and others.

    And contains pitfalls as well as benefits. We didn't talk about any of the pitfalls of cloud apps:

    1) No change control of applications or ability to handle training in advance. If google rolls out a new theme and re-arranges the buttons your help desk and IT department find out about the same time users do.

    2) If the service provider removes or alters a feature you rely on - tough. Especially if you are using 'free' SAAS.

    3) Legal liabilities. No control over googles security policy. No control over googles retention policy. No control or ability to discover intrusions or data theft. No control over their response in the event of a subpoena.

    4) Loss of productivity due to the issues that result from running your office suite in your browser. Things are getting better, but I'd rather pull my hair out with Office 97 than do anything serious with Google Docs.

    Plus, I can't count how many times I've worked with a team on something and wound up using a Google Doc as what essentially amounts to a massive whiteboard to outline our plan of attack and add our ideas and solutions to the task at hand, as well as comment on others.

    There are even better whiteboard solutions out there. Wikis come to mind for 'massive only collaboration document' while actual honest to goodness whiteboard software works great for when you actually need an online whiteboard.

    Plus, I can't count how many times I've worked with a team on something and wound up using a Google Doc

    This seems more like a 'when have a hammer, every problem looks like a nail." situation.

    The fact is that neither one is REALLY better than the other, it all depends on the task at hand, as both approches have their strengths and weaknesses.

    I can agree with that, to a point, based on pure productivity/cost. But when you factor in legal implications, change control, training, and so forth, I don't think its sane for most businesses to use cloud apps in the vast majority of situations.

  43. And it's not just mail... by bschorr · · Score: 2, Insightful

    I get the same requesets from my clients. And it's not just GMail they want to use. It's the word processor, spreadsheet, etc as well.

    I try to tell them that the security is an issue and they look at me like I just said that "Elvis enjoys tacos". It's startling how unconcerned they are about the risk to their confidential client work product especially in light of the fact that if it were to leak out they could potentially lose thier license to practice.

    But...but...it's free, they say, with confused puppy eyes. As if free somehow obviates any need for security.

    --
    -B-
  44. Why? Re:No by pkretek · · Score: 2, Insightful

    I don't understand that anti-google "hype", which probably was started by Ballmer :-)

    There are many hosted mail solutions, every ISP has their own mail service, blackberry does have one too. There's a load of hosted Exchange solutions. Etc, etc, and businesses USE it. If a google employee can read email, why an ISP employee can't? Because it's in their terms of service? ha!

    Rolling your own solution is damn expensive and you need a guy who actually knows something about it, that's why most companies are more than happy to outsource it.

  45. Re:No by bschorr · · Score: 2, Interesting

    ...and no way to audit Google's data center(s) to establish compliance which is a very big deal in a lot of industries.

    --
    -B-
  46. Re:No by bschorr · · Score: 2, Interesting

    Lost productivity due to forgetting the thumb drive with your work at home

    That's why we use a VPN to work on documnts from work rather than relying upon a flash drive.

    Lost productivity due to your company's internal network going down

    If my company's network goes down (which it rarely does) I can troubleshoot it and get it back on it's feet. If Google goes down I can send them an e-mail (assuming I'm NOT using GMail) and get an automated response or maybe I can call them and hear that the next avaialble agent will be with me shortly.

    Lost work due to a hard drive failure

    If you don't back it up then you don't deserve to have it.

    Lost work AND productivity due to computer theft

    If my computers get stolen then how do I log into Google?

    Lost work AND productivity due to accidental overwrite of a shared file on a network drive

    See: Backups.

    Many people seem to believe that using something like Google Docs is just like using MS Office, but the reality is that it's fundamentally different in many ways. Nearly ubiquitous accessibility,

    I wouldn't have had access to my Google Docs on the flight I just got off.

    it all depends on the task at hand, as both approches have their strengths and weaknesses.

    Well that I certainly agree with. Google Docs has its place. But that place will never include mission-critical or confidential work product. Not unless some drastic changes are made.

    --
    -B-
  47. Re:No by dkf · · Score: 2, Interesting

    I can agree with that, to a point, based on pure productivity/cost. But when you factor in legal implications, change control, training, and so forth, I don't think its sane for most businesses to use cloud apps in the vast majority of situations.

    You're thinking like a techie, and probably a sysadmin there, and not like a businessman.

    1. You're massively overweighting the relative value of legal implications for documents in development (finalized docs are something else, but they're best in another format, such as Dead Tree). So long as there is reasonable security and access control, the legal side should be covered.
    2. A lot of businesses use no change control for anything. Moreover, Google Docs keep version history (or did the last time I checked, which admittedly is some time ago).
    3. Training costs are pretty much a continual load. Really. Especially for larger businesses. How to type into a wordprocessor or spreadsheet is one of the more easily mastered things.
    4. You're undervaluing opportunity costs. This is a classic mistake (along with getting involved in a land war in Asia) of sysadmins. They spend their time looking at the down-side, say "No way!" (a la Mordac), and either the business suffers or the users - and the management - ignore the sysadmin and do what they want anyway.
    5. A lot of companies are not run in a sane way.

    The only way to hold off cloud apps is to provide something better. For a lot of users, Word is not better and Excel is not better. They like doing things on the Web; it lets them be more productive. Fighting against that is a bit like being King Canute, telling the tide to stop coming in.

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
  48. Re:No by codeguy007 · · Score: 3, Insightful

    1) Lost productivity when the local ISP or some some intermediate router is down? Multiply by each user. (In a lot of places that's pretty significant. Lots of places suffer multiple hours of network down time / flaky internet every month.)

    Google Chrome supports offline use of google apps.

    2) Lost productivity as your employees are clicking on google ads and browsing online when they should be working on that spreadsheet or word document, or simply lost productivity as the ads become insufferably intrusive and distracting.

    Only the standard free version is ad based. If you upgrade to the premium the ads are gone. For anything serious like outlook integration, you need google apps premium.