Trust in the clouds

Computer Law and Security Review

Volumn 28, Issue 5, 2012, Pages 513-521

  Ryan, Patrick ^a,b   Falvey, Sarah ^a  

^a GOOGLE INC   (United States)

^b UNIVERSITY OF LEUVEN   (Belgium)

Author keywords

Data obfuscation; Data sharding; Patriot Act; Regulation of the cloud; Risk and the cloud; The Minitel; Trust and technology

Indexed keywords

COMPUTER NETWORKS; SECURITY SYSTEMS;

CENTRALIZED SERVER; CLOUD-BASED; DATA OBFUSCATION; DATA SHARDING; PATRIOT ACT; PERCEPTIONS OF TRUST; THE MINITEL;

TRUSTED COMPUTING;

EID: 84869170496     PISSN: 02673649     EISSN: None     Source Type: Journal    
DOI: 10.1016/j.clsr.2012.07.002     Document Type: Conference Paper

References (59)

1. This is a common measurement tool for various forms of risk, ranging from collisions in the physical world to software. See Ferguson, Robert "A project risk metric in Reifer, Donald J. ed., Software Management, Seventh Edition (2006).
2. According to a study by the U.S. Dept. of Transportation, not only are motorcycles far more dangerous, statistically, than cars, but nearly half of motorcycle accidents are single-vehicle accidents, indicating that motorcycles are statistically more dangerous regardless of the behavior of others on the road. See "Fatal Single Vehicle Motorcycle Crashes", U.S. Dept of Transportation Technical Report DOT HS 809,360 (October 2001), available at: http://www.webbikeworld.com/Motorcycle-Safety/809-360.pdf.
3. See Uduma, Kalu, "Innovations in Auto Safety Design, a Key to Quality Improvement," Technological Forecasting and Social Change, Vol. 64, Issues 2-3 (June 2000) pp. 197-208 (discussing various safety improvements over the past few years to automobile designs).
4. See "Memorable quotes for Rain Man (1988)," IMDb, available at http://www.imdb.com/title/tt0095953/quotes ("Ray, all airlines have crashed at one time or another, that doesn't mean that they are not safe. Raymond: QANTAS. QANTAS never crashed. Raymond: Oh that's gonna do me a lot of good because QANTAS doesn't fly to Los Angeles out of Cincinnati, you have to get to Melbourne! Melbourne, Australia in order to get the plane that flies to Los Angeles!").
5. See, e.g., Maxa, Rudy, "How Safe is Your Airline?" The Daily Beast, Aug 23, 2009, available at http://goo.gl/Dk7gv.
6. See Ivashina, Victoria and Scharfstein, David, "Bank lending during the financial crisis of 2008," Journal of Financial Economics, Vol. 97, Issue 3 (Sep. 2010), pp. 319-338 (in spite of the extreme crisis that happened in the banking systems, the government support has shown that consumers are not shaken).
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8. See Shibut, Lynn and Bradley, Christine, "The Liability Structure of FDIC-Insured Institutions: Changes and Implications," FDIC, Banking Review Series, Vol. 18, No. 2, 2006. Available at SSRN: http://ssrn.com/abstract= 964491.
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12. In the 1960s and 1970s, Grosch's law was still highly regarded by scientists and policy analysts, and respected papers continued to espouse his centralized computing "law." While some challenged his theories, the scientific community on the whole still had great faith in them. See e.g., Solomon, Martin B., "Economies of Scale and the IBM System/360," 9 Comm. ACM 435 (1966) (concluding that larger computers offer the greatest economies of scale and indicating that "Grosch's Law, stated in the 1940s, appears to be prophetic");
13. Oldehoft, A.E. & Halstead, M.H., "Maximum Computing Power and Cost Factors in the Centralization Problem," 15 Comm. ACM 94 (1972) ("In addition to increases in the level of technology, one can expect for any given level, a return to scale approximated by Grosch's Law").
14. But see Adams, Charles "Grosch's Law Repealed," 8 Datamation 38 (1962) (Adams suggests that Grosch's law may not be accurate. Adams' work was part of an early movement that ultimately led to the socalled "repeal" of Grosch's law.).
15. Miniaturization is most often associated with the growth of personal computers that took place from the 1970s through the 1980s, and it is most often expressed in terms of "Moore's law." Moore's law, developed by Intel founder Gordon Moore in the 1970s, holds that the microprocessor's performance will double every 18 months. See "Caught in the Net," The Economist, March 27, 1997, at S16 (describing Moore's law and indicating that it has so far proven to be correct).
16. Webmail is one of the oldest cloud applications, with users having adopted Hotmail, AOL, and other services nearly 20 years ago. For a good overview, see Wyld, David C, "An Introduction to Cloud Computing in Government," IBM E-Government Series (2009) available at http://goo.gl/0CP8N.
17. Moore, Geoffrey A, "Crossing the Chasm: Marketing and Selling High-Tech Products to Mainstream Customers," Harperbusiness Books (July 1999). (Moore's book is one of the most established frameworks for understanding why and when different users adopt technologies).
18. AOL was one of the original pioneers of Internet services and had more than 15 million subscribers online before the broad adoption of the Internet. For a good history, see Swisher, Kara, "aol.com: How Steve Case Beat Bill Gates, Nailed the Netheads, and Made Millions in the War for the Web," Random House Books (1998).
19. Hotmail had millions of users as a standalone cloud offering, and because of its success, it was acquired in 1997 by Microsoft and folded into its (new) Internet offerings. See "Microsoft Acquires Hotmail," Dec. 31, 1997, available at: http://www. microsoft.com/en-us/news/press/1997/dec97/hotmlpr. aspx.
20. Wikipedia has a good history of Gmail's development, which launched in 2004. See History of Gmail, available at http://en. wikipedia.org/wiki/History- of-Gmail.
21. For example, Microsoft experimented with various different kinds of clients, some free (like Outlook Express), some premium. See Gigl's Weblog, "A Brief History of Microsoft's mail and Exchange clients on the Mac," Microsoft Blog (Aug. 18, 2004), available at http://blogs.msdn.com/b/gilg/ archive/2004/08/18/216777.aspx.
22. For the history of bundled suites and various issues involved (antitrust, patent, consumer choice) see Markovich, Sarit, Gandal, Neil and Riordan, Michal, "Ain't it "Suite"? Strategic Bundling in the PC Office Software Market Patents. Tel-Aviv University, 2010.
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24. See Kessler, Jack, "The French Minitel", D-Lib Magazine, December 1995, available at http://www.dlib.org/dlib/december95/12kessler.html.
25. Terminals available for sale by France Telecom today can be viewed at http://goo.gl/TZDC3 (last accessed June 20, 2011).
26. Although announcements claim that the Minitel terminals will finally be discontinued on September, 2011 Pottinger, Ken, "Le Minitel Still France's Preferred 'Internet," French News Online, January 9, 2011, available at http://goo.gl/ipUKr.
27. See Carlberg, Russell, "The Persistence of the Dirigiste Model: Wireless Spectrum Allocation in Europe, á la Française," 54 Federal Communications. L.J. 129, 136 (2001).
28. See Selignan, Maite "France's Precursor to the Internet Lives On," Washington Post, September 25, 2003, at 2.
29. Berke, Juergen, "Innenminister Friedrich will Bundes-Cloud aufbauen," Wirtschafts Woche, Dec. 17, 2011, available at http://goo.gl/z1InL.
30. Gueugneau, Romain, "Face à Orange et Thales, SFR s'associe à Bull pour peser dans le 'cloud,'" Les Echos, May 10, 2012, available at http://goo.gl/QJb7T.
31. For an overview on PATRIOT and government-access issues to the cloud in Europe, see Waage, Torben and Petri, Nina, "Government Access to Information 'In the Cloud'", Kromann Reumert, March 2012, available at http://goo.gl/lsm5b.
32. Bullwinkel, Jeff, The USA Patriot Act: Myth v. Reality, Microsoft GovTech Blog, Aug. 25, 2011, available at http://goo.gl/HgWtw.
33. United States of America vs. Bank of Nova Scotia, 740 F. 2d 817 (1984).
34. For a history of Mutual Legal Assistance Treaties, see Ellis & Pisani, "The United States Treaties on Mutual Assistance in Criminal Matters: A Comparative Analysis," 19 Int. Lawyer 189, 191-198 (discussing history of MLAT processes and the complications with them).
35. Electronic Frontier Foundation, "Who Has Your Back," available at http://goo.gl/ajbOb.
36. See "The Patriot Act and the Cloud," Law360, Jan 30, 2012, available at http://goo.gl/Oce1K.
37. See Profiles on Counter-Terrorist Capacity, Italy, Nov. 2008 available at http://goo.gl/qNHNG.
38. Longhini, Doug, "We'll be listening: Amanda Knox case reveals extent of Italian wiretapping," CBS News, November 23, 2011 available at http://goo.gl/wYpGM.
39. Swedish Government proposal 2006/07:63;
40. Also see Swedish Code of Judicial Procedure Ch. 27, available at http://www. sweden.gov.se/content/1/c4/15/40/472970fc.pdf.
41. Maxwell, Winston and Wolf, Christopher, "A Global Reality: Governmental Access to Data in the Cloud," Hogan Lovells White Paper, May 23, 2012, available at http://goo.gl/sQequ.
42. McCallion, Jane, "European clouds are not safe from government snoopers," CloudPro, May 24, 2012, available at http://goo. gl/oGLD4.
43. See www.digitaldueprocess.org.
44. Many computer historians cite the Osborne 1 as the first portable computer, released in 1981, see http://en.wikipedia.org/wiki/Osborne-1.
45. In 2009 there was a marked shift away from the purchase of desktops to laptops as the "standard" home or office computer. See Soh, Kelvin, "Is it the end of the desktop PC?" Reuters (Jan 7, 2009) available athttp://goo.gl/SOIQP.
46. Ponemon, Larry, "Business Risk of a Lost Laptop," Ponemon Institute Working Paper (April 2009), available at http://goo.gl/Ule5B;
47. Also see, Doyle, Cynthia, "Business Continuity in 2002: It's Not Business as Usual," IDC Working Paper #26976, April 2002.
48. The FBI has reported having lost 160 laptops in a four-year period with sensitive information. Keizer, Gregg, "DOJ: FBI in Dark About its Own Lost Laptops," PC World, Feb 14, 2007 available at http://goo.gl/c5Ngm.
49. Nusca, Andrew, "How to: Keep your laptop from being stolen," ZDNet, Feb. 26, 2009, available at http://goo.gl/GgCMo.
50. Schabach, Joy, "Google Chrome offers no-hassle alternative," Telegram, April 29, 2012, available at http://goo.gl/fzJ7B.
51. Bright, Peter, "Sony hacked yet again, plaintext passwords, emails, DOB posted," ars technica, June 2, 2011, available at http://goo.gl/P0SiJ.
52. See University of Texas at Austin, "Data Theft Incident Response," available at https://www.utexas.edu/datatheft/.
53. McCullagh, Declan, "Dropbox confirms security glitch e no password required," June 20, 2011, available at http://goo.gl/l9weZ.
54. Boulton, Clint, "Google Exposes Gmail Phishing Scam from China," eWeek.com, June 2, 2011 available at http://goo.gl/7cCpD.
55. Poindexter, Georgette, "Locational Perception: City Versus Suburban Home-Buying Preference," Law & Policy, Vol. 16, Issue 4 (1994).
56. Clark, Jack, "Google: 'At scale, everything breaks'" ZDNet UK, June 22, 2011, available at http://goo.gl/4hQ1e.
57. See Engine Yard, "Filesystem Sharding Tactics and Processes," White Paper, available at http://goo.gl/0KkHE.
58. See "Google Apps Messaging and Collaboration Products," Google Security White Paper, available at http://goo.gl/tQkeC.
59. Berry, Renee & Reisman, Matthew, "Policy Challenges of Cross-border Computing," Journal of International Commerce and Economics (May 2012) at 18, available at: http://www.usitc. gov/journals.