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COMMITTEES   |   Legal IT Working Group

Legal IT Working Group

Issue Statement: As an outgrowth of the NASCIO Social Media Working Group (now Social Media Forum), and specifically its analysis of social media provider terms of service, a legal working group has been active over the last three program years. The legal team's efforts have produced terms of service revisions with three key social media providers (i.e., Facebook, YouTube, and Twitter), and it plans to continue discussions with providers for the remainder of the current program year and beyond, as authorized.

Previous to the existence of the Social Media Legal Team, NASCIO operated a legal listserv that was supported by NASCIO staff, but that was discontinued in the 2008 timeframe. Legal issues, however, continue to confront State CIOs and state IT organizations on a daily basis. Conversations within the current legal workgroup, other NASCIO committees and workgroups, and the NASCIO Community, make it apparent that more frequent communication between general counsels within IT organizations, attorneys general staff, and other lines of business within state governments are needed. IT organizations are embracing cloud computing models and cross-boundary projects that bring with them jurisdictional complexities that must be worked through carefully to maximize benefits to state governments and to reduce risk.

The developing nationwide public safety broadband network also creates further pressure on state IT organizations, which will be asked to undertake procurements within timeframes that will present significant problems to states that are not adequately prepared. The continuing onslaught of mobile and personally-owned devices into the workplace also create new areas where legal analysis, policy development, and guidance must occur – these bring with them acceptable use, privacy, compliance, and records management issues that have significant legal dimensions.

Goals and Objectives: The goal of the Legal Working Group is to function as a forum for discussion of legal issues that are responsive to the priorities of State CIOs. The workgroup will continue terms of service negotiations with social media providers, but additionally will undertake prioritized analysis of legal issues associated with cloud and public safety network-related procurements, BYOD and mobile device adoption by states, acceptable use, and other topics as needed.

Deliverables: The deliverables are legal issue analysis, policy guidance, webinars, completed TOS negotiations with social media providers, monthly calls, and information sharing through monthly calls and within the NASCIO community.

Committee Roster

Co-Chair:
Linda Hamel, Commonwealth of Massachusetts
  Co-Chair:
Suzanne Shaw, State of Washington

Temitope Akinyemi, State of New York
John Aveni, State of New York
Tony Bessette, Commonwealth of Virginia
Andrew Clark, Commonwealth of Pennsylvania
Molly R. Crum, State of South Carolina
Hans Dittmar, State of Michigan
Mr. Douglas P. Doe, State of Oklahoma
Nora L Doyle, Commonwealth of Pennsylvania
Crystal Fox, Commonwealth of Pennsylvania
Karen Geduldig, State of New York
Joshua Heslinga, Commonwealth of Virginia
Rodney I Kimura, State of Hawai'i
Bonnie Kirkland, Office of the Attorney General
  Chad Lersch, State of Texas
Keith McCook, State of South Carolina
Kim Meyer, Commonwealth of Kentucky
Susan Nordyke, State of Michigan
Rebekah O'Hara, State of Washington
Charles Robb, Commonwealth of Kentucky
Elayne Starkey, State of Delaware
Tim Tuck, State of Oklahoma
Robert von Wolffradt, State of Iowa
Meredith Ward, NASCIO
Samantha Wenger, NASCIO
Stephanie Zierten, Commonwealth of Massachusetts