Legal and regulatory terrain of cloud computing

The effect of cloud computing on our legislative and regulatory world has long been a sub-interest of sorts for me. I have long been fascinated by the ways in which a truly dynamic, multiparty compute environment will challenge laws that assume that electronic assets behave the same as their paper or celluloid brethren–static, not easily duplicated and stored on the owner’s premises. The gap between the cloud and the current state of legislation is serious. Now an increasing number of lawyers are sharing their opinions about cyber crime, privacy rights, and what the law allows and disallows in the cloud. Each and every post or article I’ve read so far has been enlightening–and not always in a good way.

For example, take CNET’s recent coverage of a panel on the effects of cloud computing on cyber crime at Symantec’s Norton Cyber Crime Day. Matthew Parrella, chief of the computer hacking and intellectual property unit at the U.S. Attorney’s Office, noted that “hacking” PCs by inserting software into the system by various means is being replaced by a new threat. From an employment law perspective, I have not seen much, if anything on the subject. For example, Connecticut’s wage and hour laws require employers to keep track of various records of the employee including hours worked, etc.

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