This video deals with Cloud Computing, what is Cloud Computing, some definitions of cloud computing, Cloud Forensics, various deployment models of cloud, types of cloud, various challenges arising out of cloud, Privacy, Security, jurisdictions with cloud. The Laws relating to Cloud like the Information Technology Act, 2000 especially laws arising out of intermediaries namely sections 2(w), 43A, 72, 72A and 79 are explained in details.....The rules relating to Cloud are also explained in this video.
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Cloud is a Household term now...but what is Cloud Computing and its law in India.....Cloud Forensics......Challenges with Cloud.....Cloud made smart phone or smart devices more popular......
The term cloud was used for distributed computing since 1993.
These rules may be called the Information Technology (Intermediaries guidelines) Rules, 2011:
Due diligence to he observed by intermediary…
As per Marc Andreesen the cloud as “a smart, complex, powerful computing system in the sky that people can just plug into.”
Infrastructure as a service (IaaS)
consumer is able to deploy and run arbitrary software, which can include operating systems and applications.
Platform as a service (PaaS)
consumer is to deploy onto the cloud infrastructure
Software as a service (SaaS)
consumer is to use the provider's applications running on a cloud infrastructure
Cloud Computing Model: Depending on Deployment model
Public Cloud: Here infra is open for public use
Private Cloud: Here infra is used for single organisation
Hybrid cloud is a composition of a public cloud and a private environment
Privacy Issue in Cloud: risk of data being disclosed either accidentally or deliberately.
Security concerns and
Trans-border dispute / Jurisdiction Problems with Cloud Computing: Which countries law will prevail….
Crimes where cloud can be the subject, object, or tool related to the crimes
Increased accessibility through few monopolistic business Entities….
Important Legal Issues
1. Liability
2. Applicable law / Jurisdiction
3. Compliance
4. Data protection
5. Copyright
6. Data portability
1. Data Protection
2. Data Security
3. Data Transfer
4. Law Enforcement Access
5. Confidentiality and Non-disclosure
6. Intellectual property
7. Risk Allocation and limitation of liability
8. Change of Control
Section 43A and 72 A of ITA
As per expert, Cloud Forensics is a part of Network Forensics….:
a. Network traffic Analysis
b. Log Analysis
c. Web Access Analysis
d. e-mail Analysis
National Telecom Policy – 2012
& Cloud
Government of India Initiative : GI Cloud (MeghRaj) : To utilize the benefit of cloud computing…..
72. Penalty for breach of confidentiality and privacy.-
Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
72-A. Punishment for Disclosure of information in breach of lawful contract.-
Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both.
These rules may be called the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Bivas Chatterjee
Cloud Certified from MS
Deals in Cyber Laws and Electronic Evidence.
Bivas Chatterjee
Gmail: bivas.chatterjee@gmail.com
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