Cloud Service Users Face Confusing Legal Landscape – PCWorld Business Center

Cloud computing has great benefits for businesses but legal uncertainties threaten to hamper adoption, said a group of lawyers speaking during a seminar in Seattle this week.

“We will have to create a robust legal system and we will have to do it sooner rather than later and before we have the cloud computing equivalent of an offshore oil rig blowout,” said Barry J. Reingold, a partner at Perkins Coie in Washington, D.C.

Lawyers speaking at the Law Seminars International event on Monday offered advice about the types of research companies should do before signing up for cloud services to make sure they can protect themselves from potential legal fallout.

One of the most important issues facing companies that wish to store or process data in the cloud is determining which legal systems have jurisdiction over the data. “It’s a can of worms,” said Andy James, a lawyer with Osborne Clarke.

A company using a cloud service could have users all over the world and those users’ information could be shifted to facilities around the globe. “So there are four possible legal locations for the information at any moment,” James said. Laws applicable to the location of the company’s headquarters, the location of the servers, the location of the consumer and the location of the communications equipment transmitting the information between the user and the provider could all potentially apply.

Unfortunately, he said, different jurisdictions have made different choices on which of those locations to base their cloud rules on.

via Cloud Service Users Face Confusing Legal Landscape – PCWorld Business Center.

Will Data Protection Laws Ever Catch Up To New Technology? : Connecticut Business Litigation Blog

That was the question posed in an email newsletter I received today from the International Association of Privacy Professionals.   I am a member of this group out of personal interest and to to stay on top of issues related to privacy laws and technology.   One of the benefits of belonging to this group is that I get email newsletters with summaries of new laws, regulations, and lawsuits dealing with privacy issues from all over the world.

Today’s email posed the question in the title of this post and featured an article from the New York Times by Natasha Singer called ”Shoppers Have No Secrets.”   The article details the technology of “behavioral tracking” by retail and advertising businesses and how the Federal Trade Commission (FTC) is playing catch up when it comes to regulating this technology.

Online behavioral tracking has been a hot button issue for both businesses and privacy rights groups for a few years.  Natasha’s article lists several types of new tracking to include:

Cameras that can follow you from the minute you enter a store to the moment you hit the checkout counter, recording every T-shirt you touch, every mannequin you ogle, every time you blow your nose or stop to tie your shoelaces.

Web coupons embedded with bar codes that can identify, and alert retailers to, the search terms you used to find them.

Mobile marketers that can find you near a store clothing rack, and send ads to your cellphone based on your past preferences and behavior.

The article is a very good summary of the issue and has links to advocacy groups on both sides of the debate.  The article also highlights the differences between European and US based privacy laws. In general, the EU is far more advanced and stringent when it comes to personal data protection.

In the US, the FTC publishes guidelines and takes enforcement action under its authority to regulate unfair trade.  There are also the states’ Attorney Generals and class action and individual lawsuits.  Nevertheless, to answer the question I posed in this post, it is clearly a “NO” in the US.   Data protection laws will not catch up to new technology. At least, not anytime soon.

via Will Data Protection Laws Ever Catch Up To New Technology? : Connecticut Business Litigation Blog.

Northwestern Offers Foreign Students a Fast Track LL.M.

Who says you need a year to earn a Master of Laws degree?

Northwestern University School of Law on Tuesday announced a new program through which foreign lawyers can complete an LL.M. in just 15 weeks — the shortest program of its kind.

“We think it’s innovative,” said Janet Garesche, director of the school’s LL.M. and tax programs. “For people who can’t spend an entire year in the U.S., its a good option to learn the basics of the U.S. legal system. This is common in business schools, and we’re trying to get people used to this type of curriculum in the law setting.”

The accelerated LL.M. program is open only to foreign lawyers and will emphasize “the importance of the role of the lawyers as a strategic advisor in business,” the school said in a written statement.

The program includes 20 credit hours that can be taken during two consecutive six-week sessions over the summer, or split into two six-week sessions over two summers. Although the classroom instruction will last for 12 weeks, the program includes an additional three weeks for exams.

via Northwestern Offers Foreign Students a Fast Track LL.M..

Finding the laws that govern us | Official Google Blog

As many of us recall from our civics lessons in school, the United States is a common law country. That means when judges issue opinions in legal cases, they often establish precedents that will guide the rulings of other judges in similar cases and jurisdictions. Over time, these legal opinions build, refine and clarify the laws that govern our land. For average citizens, however, it can be difficult to find or even read these landmark opinions. We think that's a problem: Laws that you don't know about, you can't follow — or make effective arguments to change.

Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by searching for cases (like Planned Parenthood v. Casey), or by topics (like desegregation) or other queries that you are interested in. For example, go to Google Scholar, click on the “Legal opinions and journals” radio button, and try the query separate but equal. Your search results will include links to cases familiar to many of us in the U.S. such as Plessy v. Ferguson and Brown v. Board of Education, which explore the acceptablity of “separate but equal” facilities for citizens at two different points in the history of the U.S. But your results will also include opinions from cases that you might be less familiar with, but which have played an important role.

We think this addition to Google Scholar will empower the average citizen by helping everyone learn more about the laws that govern us all. To understand how an opinion has influenced other decisions, you can explore citing and related cases using the Cited by and Related articles links on search result pages. As you read an opinion, you can follow citations to the opinions to which it refers. You can also see how individual cases have been quoted or discussed in other opinions and in articles from law journals. Browse these by clicking on the “How Cited” link next to the case title. See, for example, the frequent citations for Roe v. Wade, for Miranda v. Arizona (the source of the famous Miranda warning) or for Terry v. Ohio (a case which helped to establish acceptable grounds for an investigative stop by a police officer).

As we worked to build this feature, we were struck by how readable and accessible these opinions are. Court opinions don’t just describe a decision but also present the reasons that support the decision. In doing so, they explain the intricacies of law in the context of real-life situations. And they often do it in language that is surprisingly straightforward, even for those of us outside the legal profession. In many cases, judges have gone quite a bit out of their way to make complex legal issues easy to follow. For example, in Korematsu v. United States, the Supreme Court justices present a fascinating and easy-to-follow debate on the legality of internment of natural born citizens based on their ancestry. And in United States v. Ramirez-Lopez, Justice Kozinski, in his dissent, illustrates the key issue of the case using an imagined good-news/bad-news dialogue between the defendant and his attorney.

We would like to take this opportunity to acknowledge the work of several pioneers, who have worked on making it possible for an average citizen to educate herself about the laws of the land: Tom Bruce (Cornell LII), Jerry Dupont (LLMC), Graham Greenleaf and Andrew Mowbray (AustLII), Carl Malamud (Public.Resource.Org), Daniel Poulin (LexUM), Tim Stanley (Justia), Joe Ury (BAILII), Tim Wu (AltLaw) and many others. It is an honor to follow in their footsteps. We would also like to acknowledge the judges who have built this cathedral of justice brick by brick and have tried to make it accessible to the rest of us. We hope Google Scholar will help all of us stand on the shoulders of these giants.

via Official Google Blog: Finding the laws that govern us.