Three Legal Considerations That Come With Cloud Computing

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Cloud computing is the latest craze in technology that takes us from the past and into the future, where everything can be done at the touch of a fingertip on a small device that fits in your hand (or on your head like Google Glass). But, thats not what cloud computing is all about, so just what exactly is cloud computing all about?

Cloud computing is all about the following: What happens when you start taking all of your documents and files and storing them in a “cloud,” a place (or space) on the internet where it can be accessed easily between many devices.

The cloud itself is surrounded by the devices that put in information into the cloud, such as a server, computer, laptop, tablet, or phone. On the inside of the cloud, the storage and sharing between all those devices takes place.

At the bottom of the cloud is the infrastructure, which holds a computer, block storage, or network. In the middle of the cloud is the platform, which is where object storage, identities, runtimes, queues, and databases are. Finally, at the top of the platform are applications, such as ones that control monitoring, content, collaboration, or communication. As you can see, everything can be held in a cloud, and anything can happen in a cloud. You just need the right software and the right connections.

Thankfully, with all that stuff in there you might start to worry about what might happen if it gets lost. However, don’t worry. You don’t need to backup your cloud or what’s in it. Clouds are safe from the typical technological failures that plague our old storage and sharing systems.

Small business, law firms, and even the average American can take advantage of what cloud computing has to offer, but– as with everything, there are some legal consideration to consider along the way, which is what Megaupload found out the hard way. So, here are four legal considerations that come with cloud computing.

Security

You can also let other people access your cloud or restrict access to your cloud based on your own personal or professional needs. However, be careful of hackers or people who seek to gain access to your cloud, especially if it holds private, confidential data. If something gets out of your cloud, hurting someone who trusted you, than you may be held liable for any damages or injury that occur as a result.

Take a look at this hacking incident that happened back in 2009 using Amazon’s cloud.

Property Rights

In addition, it can be difficult to say that you have a right to what you store on your cloud. For example, when the U.S. government was seizing control of Megaupload, it claimed that people had lost their property rights de facto– just by storing information in a cloud in the first place.

Trademark Infringement

This is a problem similar to that above, but it has a lot to do with intellectual property rights and what happens when third parties get involved in a cloud, making trademark infringement a legal issue, although it might not seem like one at first.

When things get shared in a cloud, they can also get shared illegally. Trademarks and data that belong to one person can travel to a different cloud because of a third party, making someone in a good position to get sued if they’re found out or found.

About the Author: Jennifer Machie is a writer for Jason McMinn, a personal injury lawyer who practices at the McMinn Law Firm in Austin.

License: Creative Commons image source

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