The Fall 2011 Cloud Computing Conference Cloudlaw: Law & Policy in the Cloud
Date: October 14, 2011, 9:00 am - 5:00 pm
Location: Bennett Lecture Hall, Flavelle House, 78 Queen's Park, Toronto, ON
Overview
The increasing popularity of storing large amounts of data in a virtualized “cloud” environment raises important and potentially new law and policy issues in such areas as jurisdiction; privacy and security; competition law, data portability and consumer protection; intellectual property; and law enforcement.
The Centre for Innovation Law and Policy at the University of Toronto’s Faculty of Law will host a conference on Friday, October 14, 2011 focusing primarily on the new law and policy problems and issues thwat cloud computing technology and its popularity create. In focusing on these new issues and problems, the conference will aim to bring clarification and suggest solutions to them, and to distinguish them from the internet and computer law and policy issues already discussed before the advent of cloud computing. The conference will consequently question whether this relatively new model of computing in the “cloud” necessitates a revision of computer and internet laws and policy.
While the conference will offer Canadian perspectives on these law and policy issues, given the multi-jurisdictional nature of cloud computing, the conference will also feature discussion of relevant law and policy from a variety of jurisdictions.
Panelists will include speakers from academia, government, corporations, and legal practice. Panelists will focus their discussion of new issues in law and policy arising from cloud computing on one of the following categories: i) jurisdiction and government; ii) privacy and security; iii) competition law, data portability and consumer protection; and iv) intellectual property.
Full Day Conference, October 14, 2011 (9:00 am – 5:00 pm)
I. OVERVIEW, 9:00 – 9:45 AMSPEAKER: Prof. Christopher Yoo
II. JURISDICTION, 10:00 – 11:30 AM
SPEAKERS:
Prof. Anupam Chander
Prof. Andrew Clement
Mr. Steve Mutkoski- What are some of the jurisdictional legal issues posed by cloud computing?
- Do the jurisdictional debates over cloud computing point to a renewal of the largely solved debate from the 1990s over the regulation of the “cyberspace”?
- If cloud computing depends on cross-border data flow for its technology and if laws surrounding data and privacy differ amongst jurisdictions, can this mean an end to regulation over cloud computing?
- What can Canada learn from other jurisdictions to help it solve law and policy jurisdictional questions arising from cloud computing?
LUNCH, 1:30 – 12:30 PM
KEYNOTE, 12:30 – 1:00 PM
KEYNOTE SPEAKER: David Goodis
III. PRIVACY AND SECURITY, 1:00 – 2:30 PM- What are some of the privacy and security issues cloud computing raises? Are any of these new or do they all flow from the privacy and security concerns already voiced in the age of the Internet?
- How do jurisdictional differences in privacy and data retention law affect privacy and security in the cloud?
III. PRIVACY AND SECURITY (CONT'D) 1:00 – 2:30 PM
SPEAKERS:
Prof. Christopher Millard
Ms. Patricia Kosseim
Mr. David Fraser- How does Canadian privacy law affect the ability of Canadian businesses and Canadian customers to interact through cloud computing? What about the situation in other jurisdictions?
- Should the laws be changed to facilitate cloud computing technology? What balance should be struck between promoting efficiency in technology and protecting privacy and enabling security?
IV. COMPETITION POLICY/INTELLECTUAL PROPERTY 3:00 – 5:00 PM
SPEAKERS:
Prof. Salil Mehra
Prof. Pamela Samuelson
Dr. Craig McTaggart
Prof Oliver Goodenough- What are the competition policy issues that arise from cloud computing?
- Do consumers in the cloud need government protections in order to be free to move their data amongst cloud service providers? Should data portability amongst cloud providers be imposed by government regulation?
- What role do network effects play in exacerbating the potential anti-competitiveness of the cloud computing service industry?
- How do the multi-jurisdictional nature of cloud computing and the multilayered structure of copyright affect the protection of IP in the cloud and the ability to provide cloud-bases services?
David Goodis
Director of Legal Services and General Counsel, Information and Privacy Commissioner of Ontario
David is the Director of Legal Services and General Counsel with the Information and Privacy Commissioner/Ontario. David is a graduate of the University of Western Ontario’s law school, and was called to the Ontario bar in 1988. David represents the IPC in judicial review hearings before the Divisional Court and the Ontario Court of Appeal, and provides legal advice to the Commissioner on a wide range of access and privacy matters.
Prof. Christopher Yoo
Professor of Law and Communication, Penn Law
Christopher Yoo is Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition at the University of Pennsylvania. He has emerged as one of the nation’s leading authorities on law and technology. His research focuses primarily on how emerging economic theories and network engineering are transforming the regulation of the Internet. He has been a leading voice in the debate over “network neutrality” that has dominated Internet policy in recent years. He is also pursuing research on copyright theory as well as the history of presidential power.
Prof. Anupam Chander
Professor of Law, UC Davis School of Law
Anupam Chander is Professor of Law and Martin Luther King, Jr. Hall Research Scholar at the University of California, Davis, and the Director of the California International Law Center. He is a leading scholar of globalization and digitization. He is currently working on a book on global e-commerce titled The Electronic Silk Road for Yale University Press. He has been a visiting professor at Yale Law School, the University of Chicago Law School, Stanford Law School, and Cornell Law School.
Prof. Andrew Clement
Professor, Faculty of Information, University of Toronto
Andrew Clement is a Professor in the Faculty of Information at the University of Toronto, where he coordinates the Information Policy Research Program and is a co-founder of the Identity, Privacy and Security Institute. With PhD in Computer Science, he has had longstanding research and teaching interests in the social implications of information/communication technologies and human centred/participatory information systems development. His research has focused on public information policy, internet use in everyday life, digital identity constructions, public participation in information/communication infrastructure development, and community networking. Among his recent research projects related to identity, privacy and surveillance, is the IXmaps.ca internet mapping tool that helps makes more visible NSA warrantless wiretapping activities. Clement is a co-investigator in The New Transparency: Surveillance and Social Sorting research collaboration, a seven year SSHRC funded Major Collaborative Research Initiative.
David Fraser
Canadian Privacy Lawyer, McInnes Cooper
David Fraser is a partner with McInnes Cooper, working with a range of private and public sector clients to implement compliance programs for Canadian privacy legislation. He regularly provides opinions related to Canadian privacy law for both Canadian and international clients and is a frequently invited speaker on this topic. David also represents clients in matters referred to the Office of the Privacy Commissioner and the Federal Court. He is the author of the popular Canadian Privacy Law Blog (www.privacylawyer.ca/blog).
Prof. Christopher Millard
Professor of Privacy and Information Law, University of London
Christopher Millard, LLB (Hons) (Sheffield), MA (Toronto), LLM (Toronto), is Professor of Privacy and Information Law at Queen Mary, University of London where he leads the Cloud Legal Project. He is also a Research Associate at the Oxford Internet Institute at the University of Oxford and is an Editor of the International Journal of Law and IT and of International Data Privacy Law (both published by Oxford University Press). He is a Solicitor of the Supreme Court of England and Wales and is a consultant to the law firm Bristows.
Prof. Salil K. Mehra
Professor of Law, Temple University Beasley School of Law
Professor Mehra teaches and conducts research frequently in Japan. He was a visiting professor at Keio University Law School in Tokyo, Japan in Summer 2006, Summer and Fall 2010, and Summer 2011, and has been a visiting professor at Temple University Japan, also in Tokyo, in Spring 2003 and Spring 2011. He is a past Abe Fellow of Japan’s Center for Global Partnership and the Social Science Research Center, and he has previously had research grants from the Japan Foundation and the Association for Asian Studies. With Professors Kenneth Port and Jerry McAlinn, he is co-editing the casebook Comparative Law: Law and the Legal Process in Japan (3rd Ed., 2011).
Prof. Pamela Samuelson
Professor, Berkeley Law School & School of Information
Pamela Samuelson is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. She has written and spoken extensively about the challenges that new information technologies are posing for public policy and traditional legal regimes. Since 1996, she has held a joint appointment with the Berkeley Law School and the School of Information. She is the director of the Berkeley Center for Law & Technology, serves on the board of directors of the Electronic Frontier Foundation and the Electronic Privacy Information Center, and on advisory boards for the Public Knowledge, and the Berkeley Center for New Media. She is also an advisor for the Samuelson Law, Technology and Public Policy Clinic. Since 2002, she has also been an honorary professor at the University of Amsterdam.
Craig McTaggart
Director, Broadband Policy TELUS Communications Company
Craig McTaggart has been a member of TELUS Communications Company’s regulatory team since 2004. He is currently Director, Broadband Policy with responsibility for Internet and intellectual property policy matters. Craig earned his doctorate in law under the supervision of Professors Hudson Janisch and Michael Trebilcock at the University of Toronto in 2004. An Ontario lawyer since 1997, Craig holds a B.A.(Hons.) in history from Queen’s University, an LL.B. from The University of Western Ontario, and an LL.M. and S.J.D. from the University of Toronto. An avid swimmer, cyclist, runner, and Ironman triathlete, he lives in Ottawa with his wife and two daughters.
Prof. Oliver Goodenough
Professor & Faculty Fellow, The Berkman Center for Internet & Society at Harvard University
Oliver Goodenough is engaged the study of the implications of both the digital revolution and cognitive science for law and society. He is currently a Faculty Fellow at The Berkman Center for Internet & Society at Harvard University, where he is co-director of the Law Lab project, a Professor of Law and the Director of Scholarship at Vermont Law School, a Research Fellow of the Gruter Institute for Law and Behavioral Research, and an Adjunct Professor at Dartmouth’s Thayer School of Engineering. His research includes cloud computing governance, digital institutions for supporting entrepreneurship, and the neurological basis for internal commitments. He has managed the development of a software platform for forming and operating business organizations online. His publications include Law, Mind and Brain, co-edited with Michael Freeman, (Ashgate 2009) and Law and the Brain, co-edited with Semir Zeki (Oxford University Press 2006). Professor Goodenough received his B.A. from Harvard University and his J.D. from the University of Pennsylvania. Prior to entering academia, he practiced law in New York City.
Stephen Mutkoski
Worldwide Policy Director, Microsoft Corporation
Steve is a member of Microsoft’s International Government Affairs Group, based in the company headquarters in Redmond, WA. Steve works on a range of policy issues relating to Cloud Computing (including privacy, security, data sovereignty and interoperability), intellectual property and standards, as well as issues related to the broad role that ICT plays in economic development around the world. Prior to this role, Steve was a member of Microsoft’s Corporate Interoperability and Standards Group where he worked on a range of strategy issues related to the intersection of Standards, Interoperability and e-Government, including a range of government policy issues such as formulation and analysis of government interoperability frameworks and broader government interoperability strategy.a, he practiced law in New York City.