Unanswered Questions

Much like the many areas where the law tends to lag technology, the existing legal structure is not equipped to handle the reality of existing technology. The only currently existing law is on related privacy and security topics, and many issues that arise as a result of cloud computing are not addressed in these existing laws. While we would like these topics to be addressed either by companies in their policies and contracts with users or by the law, on the whole, they are not.


Jurisdiction of a Cloud Computing Service Provider

Who has jurisdiction over data stored in the cloud? In the cloud, data flows around the globe, ignoring boundaries and time zones. Thus, there is an inability to pinpoint with any specificity where data resides at a given moment. In turn, it may be too late to comply with privacy laws in every jurisdiction.

world map

Bankruptcy of a Cloud Computing Service Provider

bankrupt

What happens to data stored in a cloud when a company goes out of business (e.g., do the creditors get possession of it)?

 

Storage of Trade Secrets

Trade Secret

Does the disclosure of the trade secret to a cloud service provider violate the Uniform Trade Secrets Act requirement to make reasonably effort to maintain secrecy?

Actions in Privacy Breaches

Who does an individual take action against if cloud computing service provider no long exists?

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