Comparative legislation, corporate policy, and citizen concerns: Legal solutions for privacy protection in cloud computing

摘要

Cloud computing presents unique opportunities for economic efficiency and personal convenience. Ever-greater numbers of devices are connected to the cloud, and the "Internet of Things" is creating further opportunities for data gathering, feedback, and positive effects ranging from better consumer experiences to environmental resource conservation. However, cloud technology and information storage have increasingly come under fire on various fronts for failing to protect consumer rights. Hacking incidents have cost extensive time and money, and spying and monitoring of citizen data by governments inside and outside of the cloud have been criticized by privacy rights advocates. Countries from the EU to the US and China have disputed the motives and actions of governmental and corporate actors from other markets under the guises of cybersecurity and cybersovereignty, focusing complaints on violations of citizen privacy. This article serves three central purposes: (1) Identifying proposals for management of cloud technology from three main sources: legislation in key jurisdictions, corporate policies, and civil society. (2) Comparing these proposals and finding common ground that may allow regulation of cloud technology internationally to face limited legislative and extralegal resistance, and (3) Offering a unique combination of solutions that draws from all corners to best facilitate the growth of cloud technology so as to maximize the positive outcomes listed above and minimize violations of personal privacy rights. We find that depoliticization of cloud technology is desirable whenever possible, and that objective and neutral standards may limit political friction. We argue that the technological infrastructure for cloud computing has outpaced societies' and governments' abilities to respond and therefore seek to speed up the process by which the latter two groups are able to effectively comprehend and regulate the technology that already exists. By addressing g- nuine concerns of privacy violations in the cloud via legal policy, cloud technology will be able to develop more successfully.