Conference on Law and Policy Issues in Cloud Computing by UC Berkeley Schools of Law and Information, March 12 2010

The Berkeley Center for Law & Technology and the UC Berkeley School of Information will host a conference on March 12, 2010 on campus- "Emerging Law and Policy Issues in Cloud Computing" -to explore the emerging legal and policy issues raised by the increasing use of cloud computing. Speakers from government, corporations, academia, and law firms will discuss privacy concerns,  regulatory issues, consumer protection, intellectual property questions, and best practices for practitioners.

As more and more computing activity shifts to the cloud, individuals and corporations are entrusting their data and its processing to third parties operating in a virtualized computing environment.  New business models have arisen to meet the opportunity presented by cloud computing, but many of the legal issues surrounding activity on the cloud remain unresolved. 

Panelists include representatives from companies at the forefront of cloud technology such as IBM, Microsoft,, Sun, and Intuit; legal academics from leading universities including UC Berkeley, the University of Chicago, the University of Ottawa, and the University of Mannheim; government officials from the Federal Trade Commission; and practitioners with extensive experience advising their clients of the benefits and risks of the cloud and negotiating deals for vendors and customers.

Agenda Topics/Speakers:

Regulatory & Jurisdictional Issues 
Cloud computing is inherently multijurisdictional.  This panel will discuss the differing, and often contradictory regulations that cloud providers must navigate in order to provide their services.  Who can demand data from cloud providers and how should cloud providers handle requests for data from third party sources (both public and private)?  Which country’s data retention and data access laws apply to data stored in a cloud environment?  The panel will also discuss best security practices for cloud providers.
  • Duane Valz, Chadbourne & Park LLP (moderator)
  • Michael Geist, University of Ottawa, Faculty of Law
  • Barbara Lawler, Intuit
  • Rich Sauer, Microsoft  
  • Adam Miller, California Department of Justice

Privacy & Security Does the cloud require a new privacy framework? This panel will address the privacy threats that arise due to remote hosting and processing of data.  Does the cloud permit increased third party access to data for both private individuals (via subpoena) and governments (via the Patriot Act, for example)?  To what extent may cloud providers mine user data for economic and strategic gains?  Who is responsible to ensure compliance with national and local privacy laws?  This panel will attempt to structure policies to relieve the tension between cloud users’ privacy rights and cloud provider’s legal and economic obligations.
  • David Fagan, Covington & Burling LLP (moderator)
  • Paul Schwartz, BCLT & Berkeley Law 
  • Michelle Dennedy, Sun Microsystems
  • Thomas Fetzer, Univ of Mannheim Law School
  • Alan Raul, Sidley Austin LLP
Consumer Protection, Data Portability and Competition 
The benefits of cloud computing can obscure the risk of data loss and data removal.  Moreover, the difficulty of moving data (including e-mail, photos, audio and video) from one vendor's cloud application to another  and the advantages provided by vendor access to information about user behavior  can effectively lock-in consumers and decrease competition.   Is government regulation required to protect cloud users and their data?  Are limits on the use of user datastreams by intermediaries necessary to protect consumers and promote competition?
  • Daren Orzechowski, White & Case LLP (moderator)
  • Randal Picker, University of Chicago Law School
  • Carl Settlemyer,  Federal Trade Commission
  • Lydia Parnes, Wilson, Sonsini, Goodrich & Rosati PC (fmr FTC)    
  • Jason Schultz, Samuelson Law, Technology & Public Policy Clinic

The Art of The Deal
Experienced practitioners will discuss the typical terms and conditions of agreements between users and vendors at various levels of cloud computing: infrastructure-as-service (IAS), platform-as-a-service (PAS) and software-as-a-service (SAS). They will also discuss ways to negotiate resolutions when the parties' interests are conflicting.
  • Renzo Marchini, Dechert LLP (moderator)
  • Julian Millstein, Morrison & Foerster LLP
  • John Moss, 
  • Peter Tennent, IBM                                           
  • Stephen Gillespie, Fenwick & West LLP

Intellectual Property Issues in the Cloud
This panel will address the intellectual property issues that arise in the cloud. Do the notice and takedown provisions provide an adequate structure to regulate copyright infringement in the cloud?  Do the anticircumvention portions of the Digital Millennium Copyright Act remain relevant in a cloud environment?  How do intellectual property holders enforce their rights given the increased anonymity of both users and content providers?  Will trade secrecy increase in importance when software is no longer distributed to users?  Will jurisdictional and infringement issues reduce the effectiveness of patent protection for online software?
  • Evan Cox, Covington & Burling LLP (moderator)
  • Pam Samuelson, BCLT & Berkeley Law
  • Jule SigallMicrosoft
  • Lee Van Pelt, Van Pelt, Yi & James LLP

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