This is not limited to just personal data put there by us, our kids, our friends and relatives, but now add in some business data. That business data could include marketing, promotions, public relations, new or former employees. As I was reading through them I found myself thinking they do have very specific language around the client having ownership of the data. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
Some of the Services are supported by advertising. Congress has taken steps to protect the intellectual rights and data ownership of data stored in the cloud with the Stored Communications Act or SCA.
This goes back to the point of: just because you created it, the privacy of that data cannot be assured. The SCA also permits the government to seize data of American companies even if it is stored overseas. Government to court to challenge if the government could use the SCA to pursue and seize data that is stored beyond the boundaries of the United States.
The server that the government obtained a warrant to search was housed inside a data center in Ireland. Microsoft challenged the warrant based on their feeling that the government could not search a server that was housed in another country.
However, in July of a panel of three judges did in fact rule in favor of Microsoft. This has since been appealed to the United States Supreme Court, which is expected to make a decision sometime in Another concern is due to the ambiguity in the law. It has put undue burden on Internet Service Providers and hosting companies to remain in legal compliance, appease both international and domestic governments, along with meeting the needs of their customers.
Further criticism is based on the feeling that since the SCA has not kept up with current standards, that the courts have been forced to stretch the legislatives intent in order to meet evolving standards - making it less applicable. In March of , the Cloud Act took effect. This intended to be a legislative fix to the SCA and to help further define data ownership and the responsibilities of Internet Service Providers. However, I am not sure if it actually achieved what they thought it would or if it just makes things more confusing.
The Cloud act is actually an amendment to the SCA where its intent was to clarify the concerns of Microsoft and other ISPs to try and bring those more in line with foreign privacy acts. Much of the criticism is based around giving the Executive branch the ability to enter into bi-lateral agreements with foreign governments to provide data requested as it relates to its citizens. Opposition to the Cloud act say that it strips away protections under the fourth amendment against illegal searches and seizures.
The Patriot Act also gave the government a lot of latitude when it came to the collection and seizure of electronic data. Although the Patriot Act expired in June of due to the lack of approval to renew by congress, the government did find a way to renew key elements through the USA Freedom Act. These two acts of legislation do appear to show that data created in the cloud or a cloud based platform is owned by the cloud provider or platform owner.
When data breaches happen that we feel that we should be protected against, these government requests for data are requested to the provider of the service and not to the end user. What are some of the things we have learned that can protect our data and intellectual property? Start with making sure that you fully understand what kind of service you are signing up for, it is like buying a car, there are many manufactures, makes, and models to choose from so make sure that you understand the options and choices.
Also, you must understand the difference between software as a service and private services such as infrastructure hosting. It is very important that you and your team understand when it comes to using a software platform, which could include using the tools, templates, and processes of a platform provider, that you may be giving up some of your rights to the intellectual properties you are creating.
There are many options when it comes to software, cloud based applications, hosting and app development, and they all have value and great intentions, however, make sure that you are claiming your work product and the data created by it. In addition to location-based considerations, companies expose themselves to potentially significant liability depending on the types of information stored in the cloud.
Federal, state and international laws all govern the storage, use and protection of certain types of personally identifiable information and protected health information. That means that the companies are directly responsible for the actions of their cloud computing service provider.
OlenderFeldman LLP notes that some information is inappropriate for storage in the cloud without proper precautions. Additionally, the information your company stores in the cloud will also be affected by the rules set forth in the privacy policies and terms of service of your cloud provider. Although these terms may seem like legal boilerplate, they may very well form a binding contract which you are presumed to have read and consented to.
For example, the privacy policies and terms of service will dictate whether your cloud service provider is a data processing agent, which will only process data on your behalf or a data controller, which has the right to use the data for its own purposes as well.
A lot of this is likely to change, though. The European Commission is in the process of updating its regulations to provide more transparent control of personal data in the cloud. Expanding the cloud model beyond massive data centres and integrating it within the fabric of residential and business buildings can present great opportunities.
Some refer to this as fog computing. Battery operated micro-clouds would also act as important hubs to post and relay information within and between communities that have been cut off due to natural disasters floods and earthquakes, for example and security crises terrorist attacks and riots. But how big the cloud will become and how we will all navigate our way around it remains a murky topic. Festival of Social Science — Aberdeen, Aberdeenshire. Edition: Available editions United Kingdom.
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