Law in the Internet Society

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TuviaPeretzFirstPaper 3 - 10 Nov 2011 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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 The industry is caught in a tough position. On the one hand they want to back data and privacy protections insofar as they encourage individuals and corporations to embrace the cloud and utilize their services. However, the cloud providers want to continue to access individuals data for their own informational purposes (look at Amazon terms of service regarding your files particularly 5.2) and do not want to back any laws which might increase privacy protections and inhibit their use of consumer data.
It's difficult to know what you mean by cloud storage here. Partly this results from the complete obscurity of the term most of the time, as a buzzword without concrete technical meaning. But here, by including email held in ordinary spools, you seem to mean by "cloud storage" all non-local storage. And your legal discussion, such as it is, concerns updating ECPA, which—for reasons you give in the course of the discussion—is orthogonal to questions about "cloud."

I doubt the effectiveness of your disclaimer at the top, for this reason. Email servers can be said to have a location, and the law that applies to them is, as the saying used to be among pretentious international law types, lex loci server. What might be meant by "cloud storage," however, would be clustered file systems deliberately straddling jurisdictional boundaries (indeed all boundaries), where merely determining the law governing any individual quantum of data at any fixed time may be impossible.


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