Clearing the Air in Cloud Computing: Advancing the Development of a Global Legal Framework

摘要

Cloud Computing Management has introduced a whole new meaning to "globalism." Control over national security, criminal conduct, medical records, trade, intellectual property, privacy and a host of other important rights and responsibilities is governed by a paradigm that is conducted in the internet "cloud." Cloud computing depends upon a level of inter-connectedness that crosses legal borders, yet has no boundaries. Cloud-computing regulations in one jurisdiction may have no application in another jurisdiction. However, important laws such as the U.S. Patriot Act, the General Agreement on Trade and Services (GATS), and the European Union privacy laws are applicable regardless of the location of the cloud service provider. A global legal framework that balances national and private interests would enhance confidence and improve legal certainty in the global electronic marketplace. This article examines the existing legal and ethical concepts and doctrines for cyber law and organizes a conceptual legal structure for cloud computing management. Based on empirical research, international legal theory, and an analysis of international and national legal regimes and case decisions, this article explores the advantages and the challenges of establishing a global legal framework for cloud computing that advances cooperation and innovation in the cloud, while protecting the rights of the communities of users on earth.