Interesting read:
One of the biggest issues facing individuals and corporations choosing to adopt public cloud computing (or any Internet service, for that matter) is the relative lack of clarity with respect to legal rights over data stored online. I've reported on this early legal landscape a couple of times, looking at decisions to relax expectations of privacy for e-mail stored online and the decision to allow the FBI to confiscate servers belonging to dozens of companies from a co-location facility whose owners were suspected of fraud.
However, while I've argued before that the government has yet to apply the right metaphor to the modern world of networked applications and data, there has been little literature that has actually dissected the problem in detail. Even worse, I've seen almost no analysis of how the United States Constitution's Fourth Amendment, which guards against unreasonable searches and seizures, applies to Internet-housed data.
Does the Fourth Amendment cover 'the cloud'? | The Wisdom of Clouds - CNET News
Man's castle was the foundation of the 4th amendment, and private property figured very heavily to those who came to the new land for something new. Land was very important, sacred territory as you well. However, if you think about it, the land is tied to the earth. 4th amendment seems to get murky around automobiles, public property, personal property and the like. Why should data be treated like land? The biggest fear of the cloud is that it will be susceptible to searches, and failures. People will just have to take that risk.
Posted by: JWilfong | January 23, 2010 at 08:37 PM
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Posted by: Keycomm Online | June 24, 2010 at 06:49 AM