Law Commons^™

The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega

Indian Journal of Law and Technology

This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …

Cloud Gaming Demystified: An Introduction To The Legal Implications Of Cloud-Based Videogames, Mitchell Longan, Gaetano Dimita, Johan David Michels, Christopher Millard

Michigan Technology Law Review

In this paper, we “demystify” cloud-based videogaming and its legal implications, in two stages. First, we describe the videogame sector; explain the basics of cloud computing and traditional videogame technologies and set out how the two converge in cloud-based videogame systems. Based on this analysis, we distinguish three separate models for cloud gaming services: (i) the “layered” model of Gaming-as-a-Service (‘GaaS’); (ii) the ‘integrated’ model of GaaS; and (iii) the ‘consumer infrastructure-as-a-service’ model. We argue that these three models are key to analyzing how intellectual property rights, contractual rights, and regulatory issues will develop in this novel environment for videogame …

The New Bailments, Danielle D’Onfro

Washington Law Review

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

The Extent Of Application Of The General Rules For The Protection Of Intellectual Works Stored Through Cloud Computing: A Study In Uae Legislation, Alaa Khasawneh

UAEU Law Journal

This research focuses on the most important legal problems raised by cloud computing services and its applications, especially the protection of content stored through these applications. Some legislations have organized these risks with special laws relating to personal data. The study concluded that the Emirati legislator should trait the legal aspects of cloud computing and create its own legal framework.

Keywords: Cloud computing, intellectual property, terms of service.

Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja

Jurnal Hukum & Pembangunan

Cloud computing is so populer and it has become a hot word in the tech world, especially in the era of industrial revolution 4.0 which requires speed, accuracy and precision in the business process. Cloud computing is a combination of the use of computer technology (computing) and Internet-based development (cloud), resulting in a model of processing activities, storage, software and other services provided as an integrated virtual source on an internet network. This paper examines the use of cloud computing in the implementation of bureaucratic reforms, improving the quality of prosecutors professionalism, and providing communicative and accountable public prosecutors. The …

Letter From Jeffery M. Kadet To Internal Revenue Serv. (Oct. 6, 2019) On Notice 2019-30, 2019-2020 Priority Guidance Plan - Sourcing Of Cloud Services Income, Jeffery M. Kadet

Articles

No abstract provided.

Cloudy With A Chance Of Taxation, Orly Mazur, Rifat Azam

Faculty Journal Articles and Book Chapters

The growth of the digital economy, and, in particular, cloud computing, has put a significant strain on sales taxation and other consumption tax systems. The borderless, anonymous, and digital nature of cloud computing raises questions about the paradigm used to determine the character of the transaction and the location where consumption, and therefore, taxation occurs. From an American perspective, the effective resolution of these issues continues to grow in importance in light of the recent U.S. Supreme Court decision in South Dakota v. Wayfair and the growing number of U.S. businesses transacting overseas in jurisdictions that impose value-added taxes (VATs). …

Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro

Faculty Publications

(Excerpt)

The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates …

Digital Transformation And Jobs: Building A Cloud For Everyone, Robert Ivanschitz, Daniel Korn

University of Miami Inter-American Law Review

No abstract provided.

Applying A Contingency Framework To Digital Forensic Processes In Cloud Based Acquisitions, Diane Barrett

Journal of Digital Forensics, Security and Law

The change in business models to incorporate a wide variety of cloud computing environments has resulted in the escalation of computer crimes in the areas of security breaches and hacking. Methods to acquire evidence in a cloud computing environment are limited due to the complexity of the cloud environment. Since digital acquisition processes in cloud computing environments are still in the infancy stages, there have been no studies in the application of existing frameworks to this type environment based on traditional forensic processes.

This paper describes a qualitative study conducted to develop a robust contingency framework for deciding when to …

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Joshua A.T. Fairfield

No abstract provided.

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.

A Whole New Meaning To Having Our Head In The Clouds: Voice Recognition Technology, The Transmission Of Our Oral Communications To The Cloud And The Ability Of Canadian Law To Protect Us From The Dangers It Presents, Sarit K. Mizrahi

Canadian Journal of Law and Technology

Voice recognition technology is now included in modern devices as a matter of course, being used in anything from our cellular telephones, to our televisions, and even the toys of our children. While we may voluntarily interact with some of our devices using this technology, such as conversing with Siri on our iPhones, many of us remain unaware as to the dangerous implications of using voice recognition technology.

Its ability to record some of our most personal conversations allows private companies to eavesdrop on us in an unprecedented manner and amass highly sensitive information about our lives that would have …

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Washington and Lee Law Review

No abstract provided.

The New Frontiers Of User Rights, Niva Elkin-Koren

American University International Law Review

No abstract provided.

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …

Protecting The Privacy Of Canadians' Health Information In The Cloud, Adrian Thorogood, Howard Simkevitz, Mark Phillips, Edward S. Dove, Yann Joly

Canadian Journal of Law and Technology

This article presents results from a year-long research project reviewing health privacy issues in the cloud, funded by the Contributions Program of the Office of the Privacy Commissioner of Canada (OPC). Section I provides a brief primer on cloud computing and its applications in data-centric health research and health care. Section II reviews Canadian privacy and health privacy laws and how they apply to CSPs. Section III identifies privacy risks arising from the technological, organizational, and jurisdictional complexity of cloud computing. Section IV argues that Canadian health privacy laws fail to address difficulties custodians face in balancing responsibilities with CSPs, …

Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris

Articles

In Riley v. California, the Supreme Court decided that when police officers seize a smart phone, they may not search through its contents -- the data found by looking into the call records, calendars, pictures and so forth in the phone -- without a warrant. In the course of the decision, the Court said that the rule applied not just to data that was physically stored on the device, but also to data stored "in the cloud" -- in remote sites -- but accessed through the device. This piece of the decision may, at last, allow a re-examination of …

Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo

All Faculty Scholarship

The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.

The Internet After Aereo: How To Save Innovation From The Public Performance Right, Patrick C. Tricker

Vanderbilt Journal of Entertainment & Technology Law

The Supreme Court's decision in American Broadcasting Companies, Inc. v. Aereo, Inc. overturned the Second Circuit's rule that separate copies create separate performances without clarifying the scope of a performance. The decision creates significant ambiguity surrounding the public performance right and potentially massive liability for cloud-computing companies. Since cloud computing allows customers to run programs remotely from a company's servers, two independent customers watching different copies of the same movie from the same cloud results in the cloud conducting a public performance. This Note examines this problem, concludes that the current public performance regime has become obsolete, and proposes a …

Taxing The Cloud, Orly Mazur

Faculty Journal Articles and Book Chapters

Transacting business in the “cloud” has quickly gained popularity worldwide as the new method of providing information technology resources. Instead of purchasing or downloading software, we can now use the Internet to access software and other fundamental computing resources located on remote computer networks operated by third parties. These transactions offer companies lower operating costs, increased scalability and improved reliability, but also give rise to a host of international tax issues. Despite the rapid growth and prevalent use of cloud computing, U.S. taxation of international cloud computing transactions has yet to receive significant scholarly attention. This Article seeks to fill …

A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng

Georgia Journal of International & Comparative Law

No abstract provided.

Cloud Computing, Virtual Law Firms, And The Legal Profession, Dillon Horne

Cornell Law School J.D. Student Research Papers

What does the future hold for cloud computing, virtual law firms, and the legal profession? Like so many answers in the legal field, it depends. The increasing costs of storing ever-increasing amounts of information may force firms to turn to housing data off-site through cloud-based services. New technologies, yet unforeseen, may render the cloud obsolete, replaced by a new form of caching materials. Virtual law firms may be looked back at five years from now as an obsolete fad, or the practice might instead become the new normal. Wherever the legal profession ventures, lawyers must do a better job of …

Cloud Computing E Protezione Dei Dati Nel Web 3.0 (Cloud Computing And Data Protection In The Web 3.0), Guido Noto La Diega

Guido Noto La Diega

‘Cloud computing’ in simplified terms can be understood as the storing, processing and use of data on remotely located computers accessed over the internet. This means that users can command almost unlimited computing power on demand, that they do not have to make major capital investments to fulfil their needs and that they can get to their data from anywhere with an internet connection (COM(2012) 529 final, unleashing the potential of cloud computing in Europe). The essay focuses on the problems of privacy and data security in european law and italian law from the perspective of cloud computing. Italian Abstract: …

Meatspace, The Internet, And The Cloud: How Changes In Document Storage And Transfer Can Affect Ip Rights, Sharon Sandeen

Faculty Scholarship

This article discusses the intellectual property issues from "meatspace" to online services and the Internet. It further explores intellectual property issues from the Internet to the Cloud. Finally, it discusses the implications of cloud computing for trade secret protection.

A State-Of-The-Art Review Of Cloud Forensics, Sameera Almulla, Youssef Iraqi, Andrew Jones

Journal of Digital Forensics, Security and Law

Cloud computing and digital forensics are emerging fields of technology. Unlike traditional digital forensics where the target environment can be almost completely isolated, acquired and can be under the investigators control; in cloud environments, the distribution of computation and storage poses unique and complex challenges to the investigators. Recently, the term “cloud forensics” has an increasing presence in the field of digital forensics. In this state-of-the-art review, we included the most recent research efforts that used “cloud forensics” as a keyword and then classify the literature into three dimensions: (1) survey-based, (2) technology-based and (3) forensics-procedural-based. We discuss widely accepted …

Aereo's Errors, Ira Steven Nathenson

Ira Steven Nathenson

This article scrutinizes the many troubling errors made by the United States Supreme Court in its decision in American Broadcasting Companies, Inc. v. Aereo, Inc. Aereo’s streaming television service allowed subscribers to watch broadcast television on a computer, tablet, or smartphone without requiring them to be directly connected to cable, satellite, or a local antenna. Aereo’s system was designed to comply with existing copyright law by using thousands of antennas, each of which was designated for only one subscriber at a time. Aereo was sued for copyright infringement by a number of leading television broadcasters. The United States Supreme Court, …

Lost In The Cloud: Information Flows And The Implications Of Cloud Computing For Trade Secret Protection, Sharon Sandeen

Faculty Scholarship

As has been noted elsewhere, the advent of digital technology and the Internet has greatly increased the risk that a company’s trade secrets will be lost through the inadvertent or intentional distribution of such secrets. The advent of cloud computing adds another dimension to this risk by placing actual or potential trade secrets in the hands of a third-party: the cloud computing service. This article explores the legal and practical implications of cloud computing as they relate to trade secret protection.

While there are many types of cloud computing services, this article focuses on cloud-based services that offer businesses the …

A Brief Overview Of The Nebula Future Internet Architecture, Tom Anderson, Ken Birman, Robert Broberg, Matthew Caesar, Douglas Comer, Chase Cotton, Michael J. Freedman, Andreas Haeberlen, Zachary G. Ives, Arvind Krishnamurthy, William Lehr, Boon Thau Loo, David Mazieres, Antonio Nicolosi, Jonathan M. Smith, Ion Stoica, Robbert Van Renesse, Michael Walfish, Hakim Weatherspoon, Christopher S. Yoo

All Faculty Scholarship

NEBULA is a proposal for a Future Internet Architecture. It is based on the assumptions that: (1) cloud computing will comprise an increasing fraction of the application workload offered to an Internet, and (2) that access to cloud computing resources will demand new architectural features from a network. Features that we have identified include dependability, security, flexibility and extensibility, the entirety of which constitute resilience.

NEBULA provides resilient networking services using ultrareliable routers, an extensible control plane and use of multiple paths upon which arbitrary policies may be enforced. We report on a prototype system, Zodiac, that incorporates these latter …