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Committed to Connecting the World Demystifying Regulation in the Cloud 12 th Global Symposium for Regulators “Why Regulate in a Networked Society?” Colombo, Sri Lanka, 2-4 October 2012 Professor Ian Walden Queen Mary, University of London The views expressed in this presentation are those of the author and do not necessarily reflect the opinions of the ITU or its Membership.

Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

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Page 1: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Demystifying Regulation in the Cloud

12th Global Symposium for Regulators

“Why Regulate in a Networked Society?” Colombo, Sri Lanka, 2-4 October 2012

Professor Ian Walden Queen Mary, University of London

The views expressed in this presentation are those of the author and do not necessarily reflect the opinions of the ITU or its Membership.

Page 2: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Cloud computing

Cloud computing provides flexible, location-

independent access to computing resources that are

quickly and transparently allocated or released in

response to demand.

Services (especially infrastructure) are abstracted and

typically virtualised, generally being allocated from a

pool shared as a fungible resource with other customers.

Charging is commonly on an access basis, often in

proportion to the resources used.

2

Page 3: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

‘x as a service’

Software

Platform

Infrastructure

Market actors

Service providers

Cloud infrastructure providers

Communication providers

Cloud computing

Page 4: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Increased productivity

Responsiveness

Collaboration

Risk

Reduce costs

Labour

Energy

Real estate

Licences

Cloud opportunities

Page 5: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Security & trust

Reliability

Connectivity

Bandwidth

Legacy

Legal & regulatory uncertainty

Jurisdictional concerns

Cloud challenges

Page 6: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Telecommunications law

Conveyance & call management

Public/private

VOIP

Consumer protection

Advertising

Contract terms

Lock-in

Data portability

Cloud as a regulated activity

Page 7: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Competition concerns

Standards

e.g. Amazon APIs

Tying

e.g. IBM

Public procurement

e.g. Google v United States Interior Department (2011)

‘Open access’

Cloud as a regulated activity

Page 8: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Environmental concerns

Energy efficiency

Jurisdictional concerns

Transfers

Oversight & enforcement

Mutual recognition

Cloud as a regulated activity

Page 9: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Information ownership

Meta-data

Diplomatic sovereignty

Data retention & deletion

Standards

Certification & audit

Cloud Security Alliance

G-Cloud

Cloud security

Page 10: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Law enforcement access

PATRIOT Act problem

Standards

e.g. ETSI Lawful Intercept

Contractual terms

Cybercrime Convention, art. 32(b)

Cloud security

Page 11: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Regulation as facilitation

‘cloud readiness’

BSA study

ITU Study: ‘Cloud Computing in Africa’ (2012)

Contract terms

Treatment of data

Specifications of service

Regulatory intervention?

Regulatory environment

Page 12: Demystifying Regulation in the Cloud - ITU · 2012-09-24 · Committed to Connecting the World Demystifying Regulation in the Cloud 12th Global Symposium for Regulators “Why Regulate

Committed to Connecting the World

Broadband infrastructure

Cloud standards

Security

Breach notification

Standards, certification & audit

Transparency

Contract terms

Service level agreements

Regulatory treatment

Co-operation

Recommendations