Cloud

Cloud Computing: Whose Law Governs the Cloud? (Part III)

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Executive Summary

This paper is the last of a three-part series looking at cloud computing from market and legal perspectives. Part I, published in the June 2009 issue of Cyberspace Lawyer, examined the technological and business capabilities of cloud computing and the associated privacy and data security concerns. Part II, published in the September 2009 issue of Cyberspace Lawyer, highlighted recent industry and policy developments. This Part focuses on key jurisdictional issues that will shape the future of cloud computing: Whose law governs cloud services, especially if there is a security breach? And who has possession, custody or control over data in the cloud that is sought in litigation? Finally how will courts resolve conflicts of law between overlapping jurisdictional claims over conduct by cloud service providers?

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