NIST has made several statements about the non-negotiability of cloud agreements. This doesnt mean all cloud engagements should be avoided. Customer must do a far more thorough analysis of the risks/benefits of the engagement. In some instances, the customer may well determine that a cloud service provided under nonnegotiable terms is simply not right for the particular engagement. Better to discover that as early in the process as possible.Michael R. Overly is a partner and intellectual property lawyer in the Privacy, Security & Information Management.”]