Microsoft’s Senior Vice President and General Counsel Brad Smith spoke about this at the Brookings Institute in Washington D.C. on January 20th 2010.
Brad focus in this speech on security concerns due to Cloud Computing (his whole speech can be downloaded here: “Brad Smith Cloud Computing For Business And Society Microsoft - 78.77 kB“):
The world needs a safe and open cloud – a cloud that is protected from the efforts of thieves and hackers and also that serves as an open source of information to all people around the world. Neither goal may be fully achieved today – but we have to keep striving to achieve them over time. These issues are important in countries around the world.
Even though Brad concentrates on the issues in the United States and focuses on the U.S. Bill of Rights and the Fourth Amendment to the Constitution his mentioned key areas – privacy, security and international sovereignty – will have an impact to other countries as well and the governments are well consulted to reflect what changes in law are urgently needed to prepare the economy to the new changes in the Information Technology context.
Brad starts by giving an overview how many people know exactly what Cloud Computing is, then discuss the obvious benefits of the Cloud and concludes that the industry is prepared for Cloud Computing but that we need the governments on helping the industry to shape the laws to ensure security and protect privacy:
Not surprisingly, the American public expects us to take action. The majority of all audiences PSB surveyed wants us to consider the ramifications of the use of the cloud. They want us to be thoughtful as we move forward. And they believe the U.S. Government should establish laws, rules, and policies for cloud computing.
They are right. In order to make the cloud a success, those of us in industry need to pursue new initiatives to address issues such as privacy and security. At the same time, the private sector cannot meet all of these challenges alone. We need Congress to modernize the laws, adapt them to the cloud, and adopt new measures to protect privacy and promote security.
We need a Cloud Computing Advancement Act that will promote innovation, protect consumers, and provide the Executive Branch with the new tools needed for a new technology era. We need Congress and the Administration to address three issues in particular – privacy, security, and international sovereignty.
As we think about the future of the cloud, it’s only fitting that we start by thinking about the future of privacy. The protection of privacy has long been a fundamental American right, tracing its origins to the Bill of Rights and the Fourth Amendment to the Constitution.

