I hope Ken is able to obtain a specimen of the form and can shed some light
on this.

Similar to some of the thoughts of others, I see this as an intention for a
third party service provider to avoid compliance with a client firm's
requirements for data they are in custodianship of.

These are the types of issues typically addressed in a Contract T&C outside
of an SLA for normal operating issues, some of which are addressed in a
"Business Associates Agreement" where one exists.

And, yes... these issues are less clearly defined in a 'cloud environment',
because in some cases, the firm you have a contract with may not be in
custody of your data- it may have been parsed out to another firm (unless
your contract strictly prohibits this).

Larry
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