Privacy and Legal Issues in Cloud Computing

Privacy and Legal Issues in Cloud Computing

Elgar Law, Technology and Society series

Edited by Anne S.Y. Cheung and Rolf H. Weber

Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.

Chapter 8: Cloud computing and copyright

George Yijun Tian

Subjects: asian studies, asian law, law - academic, information and media law, intellectual property law, internet and technology law, law and society, regulation and governance, politics and public policy, public policy, regulation and governance


Cloud computing (CC) has significantly changed the way in which information is collected, stored, handled and distributed by individuals, businesses and government agencies. In a recent study, Gartner identifies the top ten strategic technology trends for 2014, and three of them are directly related to CC technology. Like many other technology developments, CC brings us both opportunities and risks. One recent study by International Data Corporation (IDC) predicted that CC will generate as much as $1.1 trillion in annual revenue by 2015. On the other hand, CC poses significant questions about how the collection, handling and distribution of content and personal information are appropriately undertaken in this new environment. It brings new challenges for the existing content regulation (such as copyright law) and traditional models of commercializing and protecting copyright work. This chapter examines the recent development of national CC policies and strategies and examines whether existing content regulation provides sufficient legal certainty for the development of the content industry in the new cloud environment. Section II provides an overview of the recent development of CC and its benefits. Section III examines and compares the recent development of CC-related national Information and communications technology (ICT) policies and strategies in major jurisdictions, such as the US, the UK, the EU, Japan, China, and Australia. Sections IV and V explore issues relating to copyright liability of CC users and providers respectively. It examines whether the existing content regulations, particularly Internet service provider (ISP) safe harbour law, are sufficient to address these challenges.

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