18
November
2024

Law & Order in the Cloud: Cloud Superhero Matthew D’Emilio Takes a Stand

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By Apryl Motley - Technical Writer & Communications Lead, Internet2 Trust and Identity/NET+ Service

Estimated reading time: 6 minutes

CLOUD SUPERHERO INTERVIEW SUMMARY: Learn how one of your peers navigates the intricacies of cloud contracts. Read on as he discusses his career path, volunteer roles with Internet2, and the benefits of a vibrant cloud community in research and higher education.

Ready for Trial (and No Errors)

How many lawyers does it take to manage cloud contracts at Carnegie Mellon University (CMU)? Just one! After 20 years as a sole practitioner trying contract cases, Matthew D’Emilio joined CMU as director of the University Contracts Office in 2010. 

“This position at CMU came along at the right time, and I turned my practice over to my nephew,” D’Emilio recalled. “I thought the job looked intriguing because they used the word difficult seven times in the ad.”

The job has more than lived up to the level of difficulty promised. Fourteen years later, he and his team of four field approximately 14,000 inquiries that generate roughly 7,000 contracts per year inclusive of those pertaining to cloud services. “All cloud contracts pass through my office and ultimately me,” D’Emilio explained. “Someone has to read the contract, and at many private institutions, we don’t have centralized purchasing.” 

In CMU’s case, there are around 1,300 different buyers, who D’Emilio said may want to adopt a particular service, such as a scheduling platform or other SaaS solution, “because someone else is using it.” His response to this scenario is generally along these lines: “Hey, listen! We have a deal with X vendor. That’s the one you should use. I’m happy to go down this road, but if I don’t get the same terms and conditions, you can’t use this software.”

According to D’Emilio, “a day doesn’t go by where I don’t have to go back into the archives, pull out an agreement, and look at the terms.” Naturally,he began to wonder what terms other institutions of similar size and structure were getting, which led him to Internet2 and the NET+ program.

Matt D'Emilio profile picture

More About Matt D’Emilio

  • He was a political science major at the University of Rhode Island.
  • He earned his law degree from Duquesne University.
  • He is only the second director of the CMU University Contracts Office.
  • He serves as vice chair of the NET+ Business, Procurement and Legal Advisory Committee.
  • He is also a member of the NET+ Vendor Management Working Group and the Cloud Scorecard and Institutional Profiles Advisory Group.

The greatest challenges and opportunities for research and education when it comes to implementing cloud services?

AI. As AI invades all the platforms, the question has to be asked if AI is really necessary in all platforms. The greatest challenge is the movement of the vendors to the subscription model for delivery. Both of those challenges are opportunities for the Internet2 community to devise strategies to keep costs and availability in line with what schools can afford. Some basic changes in the law could facilitate the advancement and solutions to the challenges. At some point maybe the U.S. could settle on one Federal privacy policy, but right now it appears that Internet2 and its members are going to deal with 50.

Making the Case for Cloud Services

“My experience with Internet2 can be divided into two phases, before BPLAC (Business, Procurement and Legal Advisory Committee) and after BPLAC,” D’Emilio remarked. “My first introduction to Internet2 was through InCommon. I found that vendors who were InCommon participants were more in tune with the needs of higher ed.” 

“Eventually, NET+ agreements made their way to my desk,” he explained.“While I noticed opportunities for NET+ agreements to better serve Carnegie Mellon’s needs, I also saw a chance to influence broader change within the community. I believed that there was room for greater alignment across institutions of all sizes to address diverse requirements more effectively. Recognizing this, Sean O’Brien invited me to join BPLAC, where I’ve gained valuable insights and a deeper understanding of the collaborative potential within NET+ and the positive impact it can have across our community.” 

BPLAC assists NET+ leadership in empowering higher education institutions with innovative solutions, fostering strategic advancement in an increasingly technology-driven world. D’Emilio is the current vice chair of the committee. 

In addition to his role with BPLAC, D’Emilio became an active participant in the NET+ Service Evaluation process, a collaborative effort to ensure that services meet the stringent technical, security, and operational requirements of Internet2 members across the broader higher education community “For us to have more vetted services, you need people to do this and be a part of the process,” he said. “Well, I wanted to do it because I felt that I could add a voice and a different perspective to the process.”

“I have been fortunate enough to work on two NET+ agreements (NET+ Miro and NET+ Kion),” he continued, “and the process is not unlike the one for the contracts I negotiate solely for Carnegie Mellon, but there are more voices in the room. What you find is that most of the service evaluation team has a variety of risk tolerance levels, which drives a final agreement. It is a compromise for the community and the vendor.”

A Jury of His Peers

D’Emilio welcomes the spirit of compromise that comes with being an active participant in the higher ed cloud community. “I’ve gotten important opportunities to talk with other lawyers and contract specialists in higher ed about their perspectives,” he said. “I need to hear other voices to get a full view of issues. You cannot sit and listen to the same voices over and over again and think that you have any kind of a view of what’s happening.”

At the same time, he also wanted to ensure that the voices of institutions like CMU were  heard as well. “My motivation to volunteer was based on my desire to give voice to the private schools that do not have the same legal protections as the state schools,” D’Emilio explained. “I felt that the voice of the private schools was not raised.”

“As a result of agreeing to be on BPLAC, I have met more of my colleagues in this space and have been able to establish relationships of trust where I can pick up the phone and call friends to ask what they are hearing or if they can discuss specifics,” he continued. “Shared experiences in the community create opportunities for a unified front.”

For D’Emilio, the unified front of an active and vibrant cloud community in R&E is critical to CMU and other institutions being able to fulfill their primary purpose. “The goal is to educate students and solve problems,” he explained. “Students should be equipped with the ‘state of the art’ tools to enhance their learning experience. Researchers must be allowed to explore to advance the human condition. Without open access to the technology tools driving the world, our students and researchers would be unused assets in the mission to better the human condition.”

You can be a superhero too!

Check out current opportunities  to participate in NET+ working groups, service evaluations, and service advisory boards.

ICYMI