For a variety reasons, many colleges and universities are currently either exploring the possibility of outsourcing their campus-based email services (and in some cases, other IT services) to a variety of service providers, or have already done so. Reasons for outsourcing include cost savings, access to increased capacity and functionality, presumably reduced day-to-day administrative oversight of these services, and shifting the burden for items such as upgrades and virus protection.

Outsourcing of these services occurs by means of a contract with a third party service provider, and responsible institutional officials need to be satisfied that any contract they enter into provides adequate protection for the institution's interests. These interests include:

• Compliance with applicable laws concerning information privacy and security
• Compliance with U.S. export control requirements
• Access to stored information to comply with litigation rules and requirements
• Appropriate restrictions on vendor use of stored data
• Ensuring adequate access to and continuity of the service
• Protection of the institution from liability for acts of the service provider or third parties using the service
• Ownership of data and return of data upon termination of the service
• Restricting vendor ability to unilaterally modify contract terms

This program will explore the practical advantages and disadvantages associated with "cloud computing" and the outsourcing of email and other IT services. It will then examine some of the key contractual issues that will need to satisfactorily negotiated with service providers and some of the difficulties that can arise in such negotiations. The program will conclude with a discussion of other possible models for achieving the advantages of outsourcing these services.

An experienced panel of institutional counsel and a campus IT administrator will explore these issues based on their experience negotiating with service providers and implementing email outsourcing. Panelists will include: John W. Calkins, Northwestern University; Beth Cate, Indiana University; Dennis J. Cromwell, Indiana University; and Steven J. McDonald, Rhode Island School of Design. The program will provide a systematic review of the key legal and practical considerations in outsourcing and will include question and answer sessions.