With the growing tension between the cross-border internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. Based on the 2012 monitoring work of the Internet & Jurisdiction Project, twelve high-level patterns can be identified. Paul Fehlinger of the I&J project reports.
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Cloud computing is an inherently international matter, because it usually involves storage and processing of data in different locations. However, regulatory frameworks in non-EU contries do not always live up to European demands, i.e. concerning data protection. Looking at the EU cloud computing strategy, three political mechanisms can be identified through which the EU might try to promote regulatory changes beyond its borders.
KEYWORDS:
Regulation, Positive conditionality, Emulation, Legal adequacy, Data protection, Multi-stakeholderism, Digital Millennium Act, Cloud, Cloud strategy, Free trade agreements, Marco Civil da Internet, EU Data Protection Regulation, Trans-Pacific Partnership Agreement (TPP), Notice and take down, Cloud services