Today, Microsoft General Counsel Brad Smith discussed the potential for cloud computing in the future and how government can help at the Brookings Institution.  Smith suggested that there was a lot to be done to achieve a safe and open cloud for business and consumers, including the need to update privacy and transparency laws to better reflect our portable data world.

There were four main concepts outlined in the speech and detailed whitepaper Microsoft released today as well:

  • Protect Privacy by Updating the Electronic Communications Privacy Act (ECPA).
  • Modernize and Strengthen the Computer Fraud and Abuse Act (CFAA).
  • Enhance Security Through Greater Transparency.
  • Promote Common Approaches to Jurisdiction.

In response, ACT president Jonathan Zuck said:

“Brad Smith outlined some bold proposals that should go a long way to improving trust and confidence in the cloud for the future.  We couldn’t agree more with the need to update the ECPA and CFAA for the 21st century and establish sound transparency principles for cloud-based services.”

“If we want to set an example for China to follow, the ECPA must be updated to better protect the privacy and security of citizens.  There are many reasons that the ECPA must be updated, but none is more important than ensuring that the US is leading on protecting human rights.”