One of my worst fears regarding Google and its services has been confirmed.
Unless you have been living in a cave with Bin Laden then you have probably heard of Google's misuse of its users private data.
Google's position is that if you have secrets or something to hide then maybe you shouldn't take part in that activity. How obsured. What about the confidentiallity of the communication between lawyers and their clients, doctors and their patients? Google doesn't care. After all, it isn't Google's job to protect the attorney-client privilege, is it?
A fundamental principle in the client-lawyer relationship is that, in the absence of the client's informed consent, the lawyer must not reveal information relating to the representation. This contributes to the trust that is the hallmark of the client-lawyer relationship. The confidentiality rule applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. Doesn't this include just about every bit of information you collect about your client and their case? Google can potentially expose these details and you will have no recourse.
I have always been a skeptic of Google's "Do no evil" mantra. What's the first thing that comes to mind when someone says to you "Trust me".
Why I don't trust Google you ask? Well for obvious reasons.
Google collects data, Terabytes of data each and every day. The data they collect annually is measured in Petabytes. The Google bots alone manage 800TB.
Google is in the business of collecting information and making it public so they can sell ad space. You see, Google collects much more then just the information in webpages. They scan and index your documents, Email, etc. What exactly they collect is a guarded secret. This alone raises a red flag. Why would what you collect be kept a secret unless what you are collecting would cause concern? It isn't a far stretch to take the view that if you store Email, documents, notes etc. on Google, then it has all been scanned and indexed.
HoudiniESQ currently scans and indexes every bit of data you put into it including your Email, documents and Email attachments. Do you really think
Google doesn't do the same?
There is a huge difference in why Google scans and indexes all your data and why a Legal Practice Management Software vendor like HoudiniESQ might. A PMS vendor collects this information so you can search and view all your data and its associated tid-bits easily. Google wants this information so everyone else can. BIG DIFFERENCE. It is in Googles interest to have as much of your data made public as possible.
I have always had a fear that Google would some day start to use or make public the vast amount of data they have been collecting and when they do it would be too late. As they say "You can't get pee out of a pool". The Google Buzz fiasco is just one case that we know of where your information has been made public without first obtaining your consent. If they ever did ask, you better get your client's consent first because its your clients information that is at risk.
Does your client know you are storing information pertaining to their case and their lives on servers that are essentially owned by a company whose interest is primarily the collection of information for the sole purpose of sharing it or selling it? I doubt it. We aren't just talking about public court documents here.
Using
Google services for anything other than simple communication is careless and if you are placing your clients information on their databases then you could have a bigger problem on your hands in the near future as the repercussions of the Google Buzz leaks become more known.
Data is so valuable, who just sits on Petabytes of data with no future plan to use it?
Google is a business. If you simply scanned everyones Email and indexed just legal key words you have a gold mine of information. How about words like Nike, Mercedes or any signature containing IRS or Esq?
Can
Google scan data for information it can use to serve its own interest? Have they? You have to ask yourself, to whom will this data be made available and will I ever know if and when it is?
As reported in USA Today:
Google has the potential to become what many fear most. A huge index of everyones lives for sale or worse, shared.
Houdini ESQ
Comments
Lisa Rossi (unauthenticated)
Mar 10, 2010
Excellent post. I often wonder what information Google still has on file now that I no longer use Google.