Earlier quoted context omitted.
I wonder if UC Berkeley is confusing "confidential obligations" with "confidential data". It doesn't seem like google is saying, "if we lose an email, and it costs you a million dollars, we're liable for it". From this section: "Confidential Information. 5.1 Obligations. Each party will: (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Infor…
But see the definitions: "Confidential Information" means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances. Customer Data is Customer's Confidential Information.
Does anyone know what this switch implies for Patriot Act information requests? I had heard that the UC puts up some resistance to the FBI when asked for user data, and that Google does less so.