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Legal issues in cloud computing Teemu Mäntylä 11.11.2009 Reliability & liability • • • • Users expect clouds to be reliable What guarantees are there? Who is responsible for damages? How do you prove the cloud provider is at fault? Reliability & liability (2) • Damages may come from multiple causes: – Service outage – Data/code/result corruption – Data/code/result compromisation • Telecommunications law relies on market to drop bad operators, doing the same with clouds is too risky Security & privacy • Data, code and results must all be protected • Cloud provider needs to monitor • Threats range from pushy advertisers to corporate spies • Difference between simple monitoring and malicious data mining can be a fine line Security & privacy (2) • By European laws, personal data may not normally be sent outside the EU, but a cloud provider might subcontract another cloud • Foreign government agencies might gain access, even without needing to show cause • Care must be taken not to break data protection laws or user contracts Access & usage • Can a licensed program be used in a cloud? • License terms vary between countries, with no regard to clouds • Who is responsible for illegal activity within the cloud? • Expecting cloud providers to monitor for illegal activity big technical problem Current situation • National laws, international clouds • Legislation lags behind technology • Current laws and cloud providers place all responsibility on the client • Clients need to be alert and insist on terms that protect their interests • Better clouds might surface if left to market Example cases • Legal issues very much alike between outsourcing services and cloud computing • Death by Delete • Monopolizing service provider ?