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IJSTR >> Volume 1 - Issue 9, October 2012 Edition



International Journal of Scientific & Technology Research  
International Journal of Scientific & Technology Research

Website: http://www.ijstr.org

ISSN 2277-8616



Welcome To The Future of Computing: Cloud Computing And Legal Issues

[Full Text]

 

AUTHOR(S)

G A Solanki

 

KEYWORDS

Keywords:- Cloud computing, technology, data security and privacy, cloud computing and cyber crime

 

ABSTRACT

Abstract:- As the civilization enters into the new millennium, the words of 19th century have suddenly taken a new meaning. The world is undergoing a remarkable technological change. The advancement of Internet along with the expansion of IT infrastructure at large level has revolutionized the way in which information and communication technologies are stored and disseminated, and is creating lasting implications on businesses around the world. These technologies include software, network services, applications etc. which the organization in the past would have purchased or licensed, and installed and maintained by incurring huge costs at their level. Now with the growth of IT infrastructure these technologies are bundled and repackaged into altogether new outsourcing service model which is offered on 'pay as you use' basis. Welcome to Cloud Computing! Cloud Computing has become the new catchphrase of IT infrastructure. As Cloud Computing has become a viable business solution, it is interesting to look at the ability and opportunity for the world to exploit this technological phenomenon. Through this paper I aim to outline the concept, rationale, and various models of cloud computing as well as to offer greater clarity on legal issues associated with cloud computing.

 

REFERENCES

[1] In fact, when the internet was first being developed, sharing of the files, hosting serviced and email itself were the first cloud applications. Therefore, every person who has ever used the internet or has used Hotmail or Google mail has already used the cloud. Thus the concept of the cloud is not new, but ‘cloud computing’ is revolutionizing the way in which the world is computing data.

[2] Pallavi Aiyar, ‘Cloud Computing aims to bridge digital divide’, Business Standard, July 12, 2010

[3] Wayne Jansen and Timothy Grance, US Department of Commerce, National Institute of Standards and Technology, ‘Guidelines on Security and Privacy in Public Cloud Computing’, Draft Special Publication 800-144, January 2011, p. vi.

[4] It means if Mr. X is using the cloud computing services then his home computer must be compatible with the another computer which is located somewhere else at a distance place and on which Mr. X is presently working. Once the software of both the computer harmonizes then Mr. X shall be able to access his data from his home computer to the place where he is working which is located at some very distance place. A key point to remember is that, at the most basic level, your data resides on someone else’s server(s). This means that most concerns (and there are potentially hundreds) really come down to trust and control issues. Do you trust them with your data?

[5] Wayne Jansen and Timothy Grance, US Department of Commerce, National Institute of Standards and Technology, ‘Guidelines on Security and Privacy in Public Cloud Computing’, Draft Special Publication 800-144, January 2011

[6] Pallavi Aiyar, ‘Cloud Computing aims to bridge digital divide’, Business Standard, July 12, 2010

[7] According to reports, India has a population of 8 million small to medium sized businesses which are potential users of cloud computing services. The Indian cloud computing market was estimated at USD 66.7 million in 2009 and is expected to grow at a compounded annual rate of 40% over the next five years. The Indian cloud market is expected to become a USD 3 billion market by 2015. The advent of cloud computing in India is expected to attract additional foreign investment. The availability of good operating systems, data storage facilities and lower costs are expected to prompt foreign companies to establish a base in India. Many Indian companies, particularly in the telecommunications and health care sectors, have adopted the hybrid cloud model. However, In India, there are particular challenges hindering the development of computing such as the lack of reliable supply of electricity and internet access.

[8] Hired internet and data service provider at global level

[9] Ibid.

[10] Cloud Computing available at www. Searchcloudcomputing.techtarget.com/definition/cloud-computing, last accessed on 8/8/12

[11] Laurin H. Mills, ‘Legal Issues Associated with Cloud Computing’, Nixon Peabody, June 12 2012

[12] Wayne Jansen and Timothy Grance, US Department of Commerce, National Institute of Standards and Technology, ‘Guidelines on Security and Privacy in Public Cloud Computing’, Draft Special Publication 800-144., January 2012, p.3.

[13] Ibid.

[14] Ibid.

[15] Eric Knor, ‘What the private cloud really means’, available at www.Infoworld.com/t/cloud-computing/what-the-private-cloud-really-means-463, last visited on 23/7/12

[16] Saurabh Srivastava, ‘Cloud Computing is a game changer for Indian Business’, Financial Express, 20/9/10

[17] David Burford, ‘Cloud Computing: Brief Introduction’, available at www.ladenterprizes.com/pdf/CloudComputing.pdf

[18] Ibid

[19] Ibid

[20] For example, a Health Care Company in US, the health Insurance Portability and Accountability Act lays restrictions in sharing of the medical records of individuals. Even reserve bank of India has issues guidelines to banks to follow code of conduct where bank outsource their financial services to third party.

[21] Cheshire and North, ‘Private International Law’, , 11th ed. Pg. 188

[22] To, USA and most member states of the European Unions have directives/laws on data privacy which may also encompass jurisdictional forums.

[23] As per Indian laws, the parties have the right to choose the law which would govern their contractual relationship. However, courts in India have also considered the choice of law as agreed in the contract and its nexus to the transaction.