designating effective regulation in the cloud
DESCRIPTION
My Cloud Computing Talk at UWE on 23 February 2011.TRANSCRIPT
Cloud Computing: Legal, Organisational and Technological Issues, 23 February 2011
Designating Effective Regulation in the Cloud: The Move from
Actors to Nodes and Forms of Communication
Part I: Regulatory Theory
Standard Setting
Regulating Actors
Traditional Cybernetics Theory
Monitoring Behavior Modification
Regulating Actors: Strategies
After Baldwin & Cave
Direct•Command & Control•Self Regulation•Direct Action
Market•Incentives•Market Harnessing•Disclosure
Indirect•Torts and Liabilities•Social Insurance
Regulating Actors: Neo Institutionalism
Source: Lessig
Element of a Control System
Hierarchical Control
Community-Based Control
Competition-Based Control
Design-Based Control
Standard Setting
Law or Other Formalised Rules
Social Norms Price/Quality Ratio (and equivalents with non-market decisions)
Inbuilt design features and social and administrative systems
Information Gathering
Monitoring (by agencies or third parties)
Social Interaction
Monitoring by dispersed buyers, clients, etc
Interaction of design features with environment
Behaviour Modification
Enforcement Social Sanctions (eg ostracism, disapproval)
Aggregate of decisions by buyers, clients, etc on purchase, take-up, location etc
As for information gathering (self-executing)
Source: Murray & Scott
Regulating Actions
Regulating Actions
A Problem for Cybernetics Theory
Regulating Networks
Decentred Regulation and Nodal Governance
Regulating Networks: Network Communitarianism
Source: Murray
Part II: Cloud Computing and
Gatekeepers
The Move to the Cloud
Traditional Data Access Cloud Data Accessvs
The Move to the Cloud
A New Regulatory Component
The Gatekeeper
Not a New Concept
Gatekeepers and the Cloud
Gatekeepers and Communication
Gatekeeper Failure
Gatekeepers and Democracy
Gatekeeper Censorship
Gatekeepers and Communications Regulation
Regulatory Gravity
Regulatory Gravity
Source: Einstein
Regulation in the Cloud
We already know network regulation can be as effective as actor regulation.
Moreover we know that digital network regulation is particularly effective.
Regulation in the Cloud
• The key player is the gatekeeper.• Lessig spoke of “West Coast Codemakers”
• They were gatekeepers
• Whomsoever is the gatekeeper in the cloud is in a powerful position.• Who?
• Telcos • OS platform providers• Hosts
Regulation in the Cloud
• What costs will gatekeepers extract?• Democratic costs• Social Costs• Identity Costs
• What duties do gatekeepers have?• Quasi-public role?
• Regulator accountability and oversight? • HR obligations?• CSR duties?
Planning Regulation in the Cloud
Government
Access Operators
Personal Users
Business Users
Platform Operators
Personal Users
Business Users
Storage Providers
Personal Users
Business Users
Thank You
Andrew D. MurrayReader in LawDepartment of LawLondon School of EconomicsHoughton StreetLondon WC2A 2AETel: 020 7849 4645Email: [email protected]