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IT Laws in the Era of Cloud-Computing / CHAPTER 6. Jurisdiction and accountability in the cloud
IT Laws in the Era of Cloud-Computing / CHAPTER 6. Jurisdiction and accountability in the cloud
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1–20
Titelei/Inhaltsverzeichnis
1–20
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21–32
CHAPTER 1. Introduction
21–32
Details
a. Reasoning of the project and current state of affairs
i. The European state of affairs
ii. The US state of affairs
iii. Current state of affairs in other countries
b. Research question and structure of the project
33–57
CHAPTER 2. Cloud computing; a historical and technical overview
33–57
Details
a. Introduction – scope of this chapter
b. A brief history of the cloud
c. The NIST definition of cloud computing; a starting point
d. The technologies that preceded cloud computing; a brief overview and comparison
i. Cloud computing compared to traditional IT – Their main differences and why the cloud matters
ii. Cloud computing environments compared to client-server systems
iii. Cloud computing compared to outsourcing – The key differences
e. Data handling needs and the parallel technological evolution – How developing computational requirements led to technological progress
f. Explaining cloud computing and its predecessors – what did the cloud replace and what is now done different than before?
i. File hosting
ii. Clustering
iii. Grid Computing
iv. Virtualization
g. Cloud computing: its core philosophy and structural features
i. The cloud’s business model
ii. The architecture of cloud computing systems
h. The resource management aspects of the cloud
i. The cloud’s compute model
ii. Virtualization
iii. Monitoring
iv. Provenance
i. The application model of the cloud
j. The security model of the cloud
k. What is cloud computing after all and why does it merit a new regulatory approach?
58–88
HAPTER 3. EU vs. US: the two major schools of thought regarding internet and privacy regulation and why they took divergent paths. Can this distance be bridged in the context of a regulatory framework...
58–88
Details
a. Introduction – scope of the chapter
b. How extensive is the influence of European data privacy standards outside Europe? Is it EU law that has been so influencing or is it more the entire European legal thinking?
c. What is the main difference from Europe in USA’s arrangement of their regulatory framework for privacy and the internet?
d. The ‘privacy collision’ between Europe and the USA: a brief historical overview
e. Personal data privacy in Europe and the US: a pragmatic and an articulate approach
f. Cyber challenges and state-of-the-art in Europe and the USA
i. EU’s approach towards cyber challenges
ii. The US approach towards cyber challenges
g. Can cloud computing be a tipping point for regulating and thinking about privacy in the US or Europe?
i. Privacy under the effect of the cloud in the US
ii. Judicial obstacles
iii. Legislative obstacles
iv. Societal obstacles
h. Europe’s combined approach towards the cloud and economic growth
i. A close look on how the EU and the US currently handle sensitive consumer data on the cloud. It the current regime adequate and efficient enough?
i. Regulating privacy and security of consumer sensitive data in the cloud; the US current status quo
ii. Regulating privacy and security of consumer sensitive data in the cloud; the EU current status quo
iii. The need for efficient protection of sensitive data also points towards regulatory reform in the cloud
89–117
CHAPTER 4. An introduction to the definition of cloud computing under EU law and the challenges it poses
89–117
Details
a. Introduction – scope of this chapter
b. The most important policy views on aspects of cloud computing brought out so far and why they are not yet sufficient
c. The European Data Protection Directive 95/46/EC; an assessment of its effects on the prevalent views about data protection and related IT technologies; are things different under the GDPR?
d. Focus on the General Data Protection Regulation: is the European Union’s brand new law already insufficient to effectively regulate the cloud?
i. Does the GDPR set up a truly universal legal framework for data transfer law?
ii. What does the spirit of GDPR tell us about the longevity of the current overall EU data protection regime?
e. GDPR and its readiness to respond to big scale uses of data in the cloud; the case of machine learning
f. Vision for a cloud-based future
g. The road from data privacy to cloud computing regulation
i. Privacy and security viewed through the years and across major jurisdictions
ii. Privacy issues particular to cloud computing technologies
iii. Why does cloud computing call for a new regulatory framework?
118–152
CHAPTER 5. Legal pluralism and harmonization – how can we reach a common minimum understanding on how to regulate the cloud?
118–152
Details
a. Introduction – scope of this chapter
b. Internet Regulation: a paramount of unilateralism
c. From governments to governance; learning to do laws for a borderless world
d. So far, existing laws about cyberspace are bad laws. Lessons learnt?
e. Lex informatica: The formulation of policy rules for the web through applied technology. Can it offer any useful insight for the conceptualization of a dedicated cloud computing regime?
f. Sectoral codes of conduct: the most dedicated attempt to come up with cloud computing laws so far and how it could be improved
g. Efforts undertaken so far on the front of sector-based regulation of IT and their common weakness
h. Seeking the way forward on cloud computing regulation in the field of global administrative law
i. Defining global administrative law
ii. The general theory on global administrative law and its principles
iii. Theoretical foundations of global administrative law based on US and EU administrative law
i. Legal pluralism in global administrative law
i. The proposal
ii. The problems of legal pluralism
j. Can effective cloud computing regulation be achieved through international law? Not really.
k. A comparatist approach and synthesis is the only way; moving forward to regulate cloud computing through legal pluralism
153–201
CHAPTER 6. Jurisdiction and accountability in the cloud
153–201
Details
a. Introduction – scope of this chapter
PART I: Jurisdiction in the era of cloud computing
a. The currently prevailing legal norms in EU law for claiming jurisdiction over cases involving data transfer and processing
i. Establishment – Art. 4 para. 1(a) DPD
ii. International law – Art. 4 para. 1(b) DPD
iii. Equipment – Art. 4 para. 1(c) DPD
iv. Changes to current status quo by the upcoming GDPR
b. Technology and internet jurisdiction: a process of parallel ‘give and take’
c. From data protection law to international jurisdiction on the internet; adapting laws to modern needs and reality
d. What is the problem with asserting jurisdiction over cloud-related cases under current EU laws?
e. Steps to reduce jurisdictional disputes from the perspective of EU law
f. The internet jurisdiction risk of cloud computing under US law
i. The basics about determining jurisdiction under US law
ii. Jurisdiction under the influence of technological evolution; practices for alleviating jurisdiction risks in the US and internationally over IT-related cases
g. Corporate strategy as a pre-emptive measure for facing the long arm of cloud jurisdiction
i. Virtual and physical environments
ii. Accepting the inherent nature of cloud jurisdiction risk
h. Where are cloud data centers located? How jurisdiction plays a major part in deciding on geographic location, economic and environmental parameters in cloud computing
PART II: Accountability on the cloud
a. Accountability: the essentials from data protection to cloud computing
b. Accountability is not self-regulation; clearing the picture between two comparable but critically different concepts
c. Accountability in the cloud cannot be sufficiently settled with existing EU laws
d. Providing answers to the privacy challenges of cloud computing under US law; the importance of the Fourth Amendment principles
e. Achieving effective regulation of the cyberspace: discussing particularities of the web and how these should be mirrored in modern laws about aspects of the digital world
f. Tackling the issue of perspective in internet law; an essential step towards a pragmatic accountability regime
g. The road to an accountable cloud computing goes through the road to an accountable internet: how to achieve a sound internet governance
h. Effective accountability for cloud computing
i. Accountability as a way to further reinforce privacy in the cloud
202–233
CHAPTER 7. Risks and compliance in cloud computing environments – views from Europe and the USA
202–233
Details
a. Introduction – scope of this chapter
PART I: THE RISKS ASSOCIATED WITH CLOUD COMPUTING
a. Privacy issues raised on the cloud: existent for all kinds of data across all types of cloud networks
i. United States v. Miller
ii. The Electronic Communications Privacy Act (ECPA) – a step ahead but obscurity lingers
iii. The USA PATRIOT Act
iv. The HIPAA and compelled disclosures
v. The Fair Credit Reporting Act
b. Threats to privacy means threats to security: the two prominent issues that go hand in hand in cloud computing environments
c. Privacy risks posed by the cloud put into question cornerstone elements of information privacy laws
d. The other side of the coin: how cloud computing’s architectural advantages can turn into threats for privacy
e. The affluence of consumer data on cloud computing and particular threats to them because of the cloud’s specificities
f. Reviewing security, privacy and trust issues on the cloud from an EU perspective
PART II: CLOUD COMPLIANCE
a. Introductory remarks on the concept of ‘cloud compliance’
b. Effective regulation of technology: the need to define policy tools and policy actors
c. Incorporating users’ privacy concerns into the rules governing design and deployment of cloud environments
d. Pragmatic answers regarding the deployment of secure and privacy-proof cloud networks
e. Incentivizing privacy and security by encouraging the adoption of privacy enhancing technologies
234–260
CHAPTER 8. Principles for regulating the cloud (1); conclusions from the ontology of cloud computing networks
234–260
Details
a. Introduction – scope of this chapter
b. Constructing the ontology of the cloud; is the cloud one and only thing after all?
i. The Firmware/Hardware layer
ii. The Software Kernel layer
iii. The Cloud Software Infrastructure layer
iv. The Cloud Software Environment layer
v. The Cloud Application layer (SaaS)
c. Different uses but the same ontology: what does this mean for cloud computing regulatory principles?
d. Mapping the life cycle of data on cloud computing networks: risks, security and privacy issues as indicators for the nature of cloud computing regulation rules
i. Data generation
ii. Transfer
iii. Use
iv. Sharing
v. Storage
vi. Archival
vii. Destruction
e. Regulatory principles derived from the ontology of cloud computing
i. On the hardware/firmware layer
ii. On the software/kernel layer
iii. On the cloud software infrastructure layer
iv. On the PaaS and SaaS layers
v. On the SaaS layer in particular
261–300
CHAPTER 9. Principles for regulating the cloud (2); based on the roles and functions across the cloud workflow
261–300
Details
a. Introduction – scope of this chapter
b. Viewing cloud computing from the outside; what else is the cloud apart from its infrastructure and the science behind it?
c. Completing the picture of the inner side of the cloud; regulatory challenges stemming from the cloud network’s business workflow
i. The customer (or user) of cloud computing services
ii. The service provider
iii. Infrastructure providers
iv. Aggregate services providers (aggregators)
v. The platform provider
vi. The cloud services consultant
d. The innovative nature of cloud computing business and the legal challenges raised as a result thereof
e. Summarizing the issues raised by the new modus operandi established in IT market by cloud computing; where is there a need for new cloud computing rules and what precisely should their content be?
i. Data protection
ii. Data Security
iii. Data retention
iv. Consumer protection
v. Intellectual Property
vi. Competition
vii. Trade
viii. Jurisdiction, applicable law, enforcement
ix. Compliance
x. Transparency
xi. Responsibility and liability
xii. Infrastructure
f. What challenges lie ahead in designing cloud computing regulation rules?
i. Challenges in conceptualizing cloud computing regulation
ii. Challenges in implementing cloud computing regulation
iii. Projecting challenges in the assessment phase of a regulation on the cloud
301–334
CHAPTER 10. Principles for regulating the cloud (3); the adoption of cloud computing regulation as the big leap forward from governing to governance in IT law
301–334
Details
a. Introduction – scope of this chapter
b. Doing laws based on the local and global experience: the differences in approach and the need to combine both perspectives in the case of cloud computing
c. The ability of law to learn and evolve; how to achieve law evolution in the case of cloud computing
d. How proportionality and teleological reasoning can help cloud computing regulation make IT laws overall more efficient
e. How technology itself can help establishing a sound system of governance in the field of cloud computing
f. The key to achieving a sound system of governance in cloud computing regulation: legal interoperability and its significance as a concept in transnational law
g. A brief summary of the trends on privacy regulation through time in a global context; the transit to a cloud computing regulation governance regime is not a free fall into the unknown
h. Making a long-lasting governance regime a choice not a necessity
i. Can the transatlantic divide on privacy be bridged? Why the extensive use of cloud computing technologies makes the call for convergence an urgent one?
335–350
CHAPTER 11. Conclusion
335–350
Details
a. The driving forces that make the need for cloud computing regulation a pressing one
b. Overview of solutions and suggestions towards the development of sound cloud computing regulation regimes
i. Normative proposals
ii. Governance proposals
iii. Policy proposals
c. Future challenges – insights for further research
351–352
List of case law
351–352
Details
Court of Justice of the European Union
US Courts
US Supreme Court
Lower US courts
Other national courts
Italy
353–354
List of laws and statutes
353–354
Details
EU laws and statutes
US laws and statutes
United Nations
Council of Europe
355–378
Bibliographical index
355–378
Details
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IT Laws in the Era of Cloud-Computing , page 153 - 201
CHAPTER 6. Jurisdiction and accountability in the cloud
Autoren
Xenofon Kontargyris
DOI
doi.org/10.5771/9783845295626-153
ISBN print: 978-3-8487-5362-8
ISBN online: 978-3-8452-9562-6
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doi.org/10.5771/9783845295626-153
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