The Jurisdiction of Law on Cloud Based Data

Currently in the US there is a battle going on between the US government and Microsoft. In essence the US Government has demanded that Microsoft hand over emails stored at an Irish data centre.

In 2014, a US court ruled in favour of the government’s claim that because it had jurisdiction over the US-based company, it could force it to hand over data it controlled, even if stored abroad.
Microsoft are appealing this ruling.

“So what?” I hear you cry. Even more so probably, when you hear the reason the request is being made is that this is regarding emails allegedly containing details of drug sales.
“Give it to them and hang them high!”

Well that could be one point of view.
However, the implications of this can be quite far reaching. If Microsoft loses its case, this will amend basic law in the US and as a result US Law will take precedence over data held around the world by US companies, including Microsoft, Google and Apple to name but three.

In reality this brings into question whether people using Cloud as a service should consider the ownership of their data and who ultimately has control over it.

This case is one everybody who uses technology should watch.

For further reading on this subject read this article on the BBC website titled.
Microsoft battles US over warrant for drugs case emails

That is one aspect is of the Law, how about the company that stores your data?

Who Owns Your Data in the Cloud?

With most businesses their data should be treated as the “Crown Jewels”. Either through the customer base that is stored in their databases, the words written in their documentation, perhaps drawing of designs. Whatever it is that would be electrically stored.

One of our customers, who is an inventor and entrepreneur is very nervous about the terms and conditions of some companies that offer Cloud based services. I would go as far as to say that he is quite fervent in his view about not storing data in the Cloud. He suggests everyone should be very aware of the terms and conditions regarding intellectual property ownership before using this type of service.

Of course in any business it is always important to read the terms and conditions when engaging in services from a company. But should this go so far as to stop you taking advantage of the Cloud?

You may circumvent the terms and conditions of a Cloud provider by setting up your own Cloud based services. It isn’t as expensive as it may at first appear to get it up and running and providing some of the immediate benefits of access from anywhere in the world. I use the term, “immediate” benefits, as this will not include everything.
So, what are the Benefits of Cloud?

A Cloud structure offers much greater freedom, not only within the office but also out and about on business, allowing working from home and therefore reducing costs. Members of staff are not required to be in one central location and can even continue to work when there are home commitments. This leads to a much more flexible workforce.
Collating current telephony and Cloud gives a workforce much greater flexibility allowing part-time staff as well to effectively be in the virtual office when it is suited. Of course this would depend on the business model.

Financially a lot of these models are priced at a monthly rate per person. This approach makes it affordable for small business to start and grow without a huge layout of cash in the beginning. Giving that small business the same access to technology that you would expect to see in a large corporate business.

In one example of our client?s use of cloud they appear to be a one-man- band. Although in essence this is true, through the use of modern technology there is in reality much unseen manpower working for the business from behind the scenes. In reality the structure that has been put in place shows that by making wise and tactical use of telephony along with subcontractors and part-time staff it is possible to leave the ?one man? to purely focus on the strategy, marketing and growth of the business. I estimate that without this the head count would be circa 20 people with the costs and headaches that would incur. Instead, he could, if he chooses let the business run as he sits beside his pool taking in the sun (and rain, it is England after all).

When using the services of Cloud providers they have added benefits of providing seamless fall over and backup except of course when it comes to incidents such as this

For our Cloud offering please look at CSE Cloud Services